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NAMIC 2003 Survey of New State Insurance Laws
Oregon HB 2564 - Provides rules to govern the licensing of building code trade. Effective 1/1/04. Chapter 136.
South Carolina SB 449 - Authorizes the South Carolina Building Codes Council to review and adopt building codes and removes that responsibility from municipalities and counties, while maintaining municipal and county responsibility for enforcement of those codes. Effective 7/2/03. Chapter 83.
Texas HB 730 - Creates a state construction commission to adopt building standards and address construction defects. Effective 9/1/03. Chapter 458.
Washington HB 1734 - Adopts the International Building Code and directs the state building code council to review provisions aimed at fire and life safety. Effective 7/27/03. Chapter 291.
Arizona HB 2152 - Provides rules to govern the formation and licensing of captive companies. Effective 9/18/03. Chapter 242.
Montana HB 179 - Provides rules to govern the formation and operation of captive insurance companies. Effective 4/18/03. Chapter 383.
New York AB 8592 - Permits the creation of captive companies to provide coverage only for liability related to activities in or near the world trade center in response to 9/11/. Effective 7/22/03. Chapter 188.
Utah HB 372 - Enacts provisions providing for the regulation and operation of captive insurers. Effective 7/1/03. Chapter 251.
Demutualization / Mutual Holding Company
Florida HB 235 - Specifies the distribution of assets upon voluntary dissolution or merger of domestic mutual holding companies and of the equity share of each member upon conversion into a stock company. Effective 6/2/03. Chapter 76.
South Carolina HB 3575 - Specifies that unclaimed property payable or distributable in the course of a demutualization is presumed abandoned five years after the earlier of either the last contact with the policyholder or when the property became payable or distributable. Effective 6/13/03. Act 58.
Tennessee HB 1552 - Specifies that unclaimed property payable or distributable in the course of the demutualization of an insurance company is presumed abandoned three years after the earlier of the last contact with the policyholder or when the property became payable or distributable. Effective 6/3/03.Chapter 248.
Idaho SB 1061 - Eliminates inconsistencies between the state Electronic Signatures and Filing Act and the Uniform Electronic Transactions Act. Effective 7/1/03. Chapter 156.
Kentucky SB 153 - Allows policies to be electronically delivered upon agreement between insured and insurer. Effective 6/24/03. Chapter 85.
Vermont HB 148 - Creates the Uniform Electronic Transactions Act. Effective 1/1/04. Act 44.
Idaho HB 59 - Makes minor changes to law regarding insurer investments to clarify that certain loan interest amounts shall not be treated as assets and that insurers may invest in any foreign corporation publicly traded on United States stock exchanges. Effective 4/4/03. Chapter 219.
Kansas SB 26 - Re-authorizes the National Association of Insurance Commissioners risk-based capital instructions. Effective 4/20/03. Chapter 21.
Maine SB 522 - Permits the creation of special purpose reinsurance vehicles. Effective 9/12/03. Public Law 249.
Mississippi HB 688 - Provides specifications as to how domestic insurers may invest their assets. Effective 7/1/03. Chapter 414.
New York SB 3878 - Extends the use of derivatives until June 30, 2005. Effective 7/1/03. Chapter 95.
Oregon HB 2623 - Changes the composition of the deposit insurers are required to place with the state. Effective 1/1/04. Chapter 123.
Texas SB 637 - Makes insurance companies responsible for paying filing fees related to preparation and delivery of information required by the National Association of Insurance Commissioners. Effective 6/20/03. Chapter 863.
Virginia SB 853 - Requires insurers, on or before March 1, to report their direct gross premium income derived from their business in the state during the previous year. Effective 7/1/03. Chapter 371.
Washington HB 1654 - Establishes rules to govern borrowing of money by domestic mutual insurers. Effective 7/27/03. Chapter 249.
Washington SB 5616 - Establishes rules to govern insurer investments in foreign governments. Effective 7/27/03. Chapter 251.
West Virginia SB 356 - Amends state laws affected by the Gramm-Leach-Bliley Act to, among other things, requires the related public hearing to be held within forty days after the offer, request, invitation, or agreement between a domestic insurer and a depository institution to exchange securities has been approved by the Commissioner. Effective 6/25/03. Act 129.
West Virginia SB 486 - Requires a certified public accountant to notify the insurer's board of directors or its audit committee if the insurer has materially misstated its financial condition. Effective 6/6/03. Act 131.
Louisiana HB 1477 - Amends laws governing certification of foreign insurers. Effective 8/15/03. Act 130.
Mississippi SB 2261 - Requires foreign insurers to include their articles of incorporation and bylaws in the filings made with the insurance commissioner before conducting business in Mississippi. Effective 7/1/03. Chapter 347.
North Dakota HB 1140 - Exempts foreign insurers from examination if the commissioner finds an examination was performed by a state that was previously accredited by the National Association of Insurance Commissioners but has lost its accreditation, provided the state's consumer protections laws are equal to North Dakota's. Allows the term of existence for mutual companies to be perpetual, rather than 30 years and amends the process for filing articles of incorporation. Effective 8/1/03.
Ohio HB 137 - Establishes provisions to regulate appointment of agents by foreign insurers. Effective 10/29/03. Session Law 28.
West Virginia SB 358 - Allows a domestic insurer to transfer its domicile to any other state in which it is admitted to transact the business of insurance and, upon such transfer, it ceases to be a domestic insurer and is admitted to West Virginia if qualified as a foreign insurer. Effective 6/6/03. Act 124.
Florida SB 1694 - Enacts the Pete Orr Insurance Anti Fraud Act to amend state laws related to insurance fraud including operating without a valid certificate of authority, giving department fraud investigative staff law enforcement authority, and addressing fraudulent activities related vehicle parts and repairs. Effective 7/1/03. Chapter 148.
Georgia HB 236 - Includes insurance fraud within the definition of racketeering under the state's Racketeer Influenced and Corrupt Organizations Act. Effective 5/30/03. Act 97.
Georgia HB 598 - Amends the definition of insurance fraud to include specific acts by persons representing insurers not authorized to transact insurance in the state. Effective 6/3/03. Act 276.
Louisiana SB 923 - Creates the Uniform Fraudulent Transfer Act to provide remedies and protections with respect to insolvent debtors. Effective 8/15/03. Act 552.
North Dakota HB 1231 - Creates the North Dakota Insurance Fraud Unit the insurance department. Effective 8/1/03.
Texas HB 1838 - Requires defendants convicted of insurance fraud to pay restitution to affected insurers. Effective 9/1/03. Chapter 605.
Minnesota HB 946 - Amends various provisions related to the state's guaranty fund. Effective 5/23/03. Chapter 74.
New Hampshire SB 178 - Excludes guaranty fund coverage for claimants with net worth in excess of $25 million. Effective 8/23/03. Chapter 184.
North Carolina HB 1093 - Creates an exemption from the state guaranty association coverage for claimants with a net worth of $50 million. Effective 6/10/03. Chapter 167.
Oregon HB 3051 - Requires insurers subject to the guaranty fund assessment to recoup assessments through an assessment imposed on net direct written premium. Effective 10/27/03. Chapter 568.
Texas SB 1192 - Amends the definition of a covered claim under the state's insurance guaranty association. Effective 6/20/03. Chapter 1218.
Alaska SB 13 - Restricts the use of credit history and insurance scoring by personal lines insurers. Effective 1/1/04. Chapter 150.
Arizona HB 2032 - Establishes rules to govern the underwriting use of credit history by insurers. Effective 8/31/04. Chapter 151.
Arizona SB 1265 - Allows insurers to obtain information about a premises for which coverage is sought from a consumer report or database that is contained in a report provided by an insurance support organization or a consumer reporting agency. Effective 12/31/03. Chapter 120.
Arkansas SB 846 - Establishes restrictions and prohibitions on an insurers use of credit history information. Effective 1/1/04. Act 1842.
Colorado HB 1273 - Requires automobile insurers to disclosure the use of credit scoring information. Effective 7/1/04. Chapter 100.
Florida SB 40a - Establishes restrictions on the use of credit information in the underwriting process. Effective 6/26/03. Chapter 407.
Florida SB 42a - Exempts insurance credit scoring methodologies and data from the open records laws. Effective 1/1/03. Chapter 408.
Georgia HB 215 - Restricts the use of credit information in personal lines underwriting. Effective 7/1/03. Act 79.
Illinois HB 1640 - Creates the Use of Credit Information in Personal Insurance Act to regulate its use in underwriting and rating of personal lines coverage. Effective 10/1/03. Public Act 0114.
Illinois HB 3661 - Amends the Use of Credit Information in Personal Insurance Act (HB 1640) by changing the requirement that insurers treat consumers in the manner approved by the insurance department to the manner filed with the Department of Insurance. Effective 10/1/03. Public Act 93-477.
Indiana SB 178 - Restricts the use of credit information in personal lines property and casualty underwriting. Effective 7/1/03. Public Law 201.
Kansas HB 2071 - Imposes several requirements on an insurer's use of credit information in the underwriting of personal property and casualty insurance. Effective 4/20/03. Chapter 88.
Louisiana HB 1448 - Imposes several requirements on an insurer's use of credit information in the underwriting of personal insurance. Effective 8/15/03. Act 1.
Maine HB 362 - Provides for and regulates the use of consumer credit reports to calculate an insurance score for underwriting and rating purposes. Effective 9/12/03. Public Laws 223.
Nebraska L 487 - Prohibits insurers from making underwriting and rating decisions for personal lines policies solely on the basis of credit information. Effective 8/31/03.
Nevada SB 319 - Provides rules governing the use of credit scoring in personal lines of insurance. The law also addresses legal signature, the refund of assessments by the Division of Industrial Relations, and studies by the Commissioner of Insurance. Effective 7/1/03 and 10/1/03. Chapter 455.
North Carolina SB 771 - Restricts the utilization of credit scores by private passenger and residential insurers. Effective 1/1/04. Chapter 216.
North Dakota HB 1260 - Establishes restrictions of the use of credit history for rating and underwriting. Effective 8/1/03.
Oklahoma SB 539 - Restricts an insurer's utilization of credit information for underwriting of personal and commercial coverage. Effective 11/1/03.
Oregon SB 260 - Provides rules to govern the use of credit scoring by personal lines insurers. Effective 1/1/04. Chapter 788.
Rhode Island HB 5362 and SB 137 - Restricts the use of credit information for personal insurance. Effective 1/1/04. Public Law 316.
Virginia HB 2535 - Requires insurers to disclose the use of credit scoring for personal lines applicants. Effective 7/1/03. Chapter 543.
Virginia SB 1284 - Requires homeowner and automobile writers using credit information as a basis for nonrenewal, to base that credit information on a consumer report procured within 120 days from the effective date of the nonrenewal. Effective 7/1/03. Chapter 553.
Wyoming SB 81 - Authorizes the commissioner to adopt rules to regulate the use of credit scoring by auto and homeowner insurers. Effective 7/1/03. Chapter 102.
Alabama HB 13a - Revises provisions governing investment credits against premium tax payments. Effective if voters agree to constitutional amendments proposed by Act 78 Laws of 2003. Act 101.
Florida SB 1176 - Specifies the allocative reporting requirements for employee salaries relative to the premium tax credit. Effective 6/25/03. Chapter 254.
Georgia HB 43 - Delays until 1/107, the time at which a certified investor may take up to 10% of the vested tax credits to reduce it's premium tax. Contains numerous provisions, which take effect at different times. Act 343.
Arizona HB 2150 - Extends the repeal date for a section of law related to continuing education requirements. Effective 9/18/03. Chapter 216.
Delaware HB 280 - Establishes licensing requirements for public adjusters. Effective 8/1/03. Chapter 178.
Louisiana SB 229 - Enables a licensed agent or broker to receive four continuing education credits for being a member and active participant in a state or national insurance association. Effective 8/15/03. Act 65.
Montana SB 444 - Establishes penalties for acting as an insurance producer or adjuster without proper licensure as well as home office record requirements for domestic insurers. Effective 4/24/03. Chapter 493.
Montana HB 169 - Amends various producer licensing provisions pertaining to inactive status for producers entering military service; background examinations; rental car insurance; sale of bail bonds; renewal of nonresident insurance producer licenses; revocation of bond requirements for surplus lines producers; license fees; definitions; licensing requirements; adjuster's licenses; suspension of licenses; and lapsed licenses. Effective 7/1/03. Chapter 427.
New York SB 5729 - Amends producer licensing requirements. Signed into law 10/21/03.
North Dakota SB 2123 - Amends laws pertaining to surplus lines insurers to modify the insurance commissioner's authority such that rather than being required to revoke the license of a surplus lines producer who fails to make and file the annual statement or to pay taxes, the commissioner may revoke or suspend the license. Effective 8/1/03.
Oregon SB 253 - Amends producer licensing requirements. Effective 1/1/04. Chapter 364.
Rhode Island HB 6019 and SB 435 - Amends reciprocity standards to waive requirements for a person applying for a nonresident license who already has a valid license in his home state, other than the requirements addressing nonresident licensing, if the applicant's home state awards nonresident licenses to residents of Rhode Island under the same circumstances. Effective 7/1/03. Public Law 80.
Utah HB 374 - Revises the state's producer licensing laws. Effective 5/5/03. Chapter 298.
West Virginia HB 2715 - Amends and reenacts the surplus lines law with changes related to surplus lines placement, providing definitions, tracking specific provisions from the National Association of Insurance Commissioners Nonadmitted Insurers Model Act, addressing non-resident licensing reciprocity, and addressing insurer eligibility, among other things. Effective 6/5/03. Act 125.
Wyoming HB 193 - Requires individuals to become licensed insurance producers before offering, selling, or soliciting rental car insurance. It also places restrictions and limitations on rental car agents by providing penalties. Effective 2/21/03. Chapter 37.
Louisiana HB 1328 - Requires the licensure and regulation of all persons engaged in the practice of mold assessment and mold remediation. Effective 8/15/03. Act 880.
Louisiana HB 1681 - Requires the Real Estate Commission to produce a mold information pamphlet, the distribution of which precludes a realtor from providing further mold information to a buyer. Specifies that a realtor is not responsible for pamphlet errors if they did not know of them or if they were based on information provided by the commission, a public agency or a qualified expert. Effective 7/2/03. Act 1123.
Montana HB 536 - Requires sellers, landlords or their agents with knowledge that a building has mold present to disclose to the buyer or renter the presence of the mold prior to or upon entry into a contract for the purchase, rent, or lease of the property. Effective 5/5/03. Chapter 584.
Oklahoma HCR 1011 - Creates the Joint Task Force on Mold Remediation. Adopted 5/23/03 laws of 2003.
Rhode Island SB 983 - Creates a Senate commission to study the effects of toxic mold. Effective 5/8/03. Resolution 185.
Texas HB 329 - Prohibits certain underwriting decisions by residential property insurers based on previous mold claims or damage. Additionally, it establishes license requirements for mold assessment and remediation. Effective 9/1/03. Chapter 205.
Indiana HB 1692 - Amends farm mutual laws. Among other things it creates two separate classes of insurers (extended and standard) and removes geographic boundary restrictions. Effective 7/1/03. Public Laws 129.
Michigan HB 4311 - Creates a farm produce insurance authority and fund, financed through assessments on grain dealers. Effective 11/10/03. Public Act 198.
New York SB 4454 - Reduces the number of board members required for incorporation of mutual companies. Effective 9/17/03. Chapter 532.
West Virginia SB 488 - Sets forth the required amount of contingent liability of members of farmers' mutual fire insurance companies and limits the amount of risk such companies may undertake. Effective 6/6/03. Act 128.
Arizona HB 2156 - Sets forth notification requirements regarding liens or encumbrances on damaged vehicles. Effective 9/18/03. Chapter 243.
Arkansas HB 2833 - Requires workers' compensation and professional liability insurers to provide notification of premium increases and nonrenewal and requires property and auto insurers to provide notice of nonrenewal. Effective 7/15/03. Act 1790.
California AB 1191 - Requires written notification by residential property insurers of premium changes. Effective 3/1/04. Chapter 571.
California AB 1727 - Changes notification requirements for cancellation of personal property coverage. Effective 1/1/04. Chapter 148.
Connecticut SB 1015 - Requires insurer notification to insureds of their rights to contact the division of consumer affairs if a claim is denied under a personal risk policy. Effective 1/1/04. Public Act 03-55.
Montana SB 341 - Requires insurers to provide certain notice to policyholders of cancellation or nonrenewal of a policy. Effective 10/1/03. Chapter 339.
New York SB 4633 - Requires a notice of cancellation for non-payment of premium on auto or personal lines contain the amount due. Signed into law 10/15/03. Chapter 675.
North Dakota HB 1142 - Requires insurers provide written notification to the commissioner of plans to cease writing and renewing a property and casualty coverage before notifying agents and stockholders. Effective 8/1/03.
North Dakota SB 2238 - Requires insurers to provide notice to an insured after determining an automobile with physical damage coverage has incurred a total loss and continuing to write comprehensive and collision coverage on that automobile. Effective 8/1/03.
Rhode Island HB 5063 and SB 431 - Removes the certified mail notification requirement for cancellation of a fire insurance policy. Effective 7/3/03. Public Law 104.
Rhode Island HB 5901 - Governs the process under which insurers may nonrenew insurance policies and provide notification of premium or coverage changes. Effective 7/17/03. Public Law 251.
South Dakota HB 1128 - Provides that a notice of refusal to renew a surety policy will not be effective unless it was mailed or delivered by the insurer to the insured at least thirty days prior to the effective renewal date. Effective 7/1/03.
Texas HB 508 - Changes the time in which an insurer is required to notify a policyholder of a premium rate increase for a group health, life, or accident policy. Effective 9/1/03. Chapter 222.
Texas SB 115 - Requires residential property insurers to provide policyholders with a written notification/explanation of the differences between their previous policy form and the policy form offered to them at the time period of renew. Effective 6/20/03. Chapter 797.
Virginia SB 1131 - Sets forth mailing requirements for notification of rate increase or reduction, cancellation, or refusal to renew. Effective 7/31/03. Chapter 387.
Arkansas HB 2729 - Amends the Omnibus Insurance Producers Act to delete a provision stating that countersigning by an Arkansas agent will not suffice to execute a bond, amends renewal and termination of agent appointment procedures, and prohibits certain payments and the sharing of insurance producer commissions and fees. Effective 7/15/03. Act 1203.
Florida HB 513 - Enacts numerous changes to the state's insurance laws pertaining to form or premium payment, alternative dispute resolution, premium finance charges, late filing fees for appointment renewals, temporary licensing, citizenship of licensees, continuing education requirements, appointment of licensees, adjusters, unfair methods of competition, citizens property insurance corporation, waiver of customer liability, lost owners of unclaimed reorganization proceeds, withdrawal or discontinuance of certain coverages, managing general agent fees, independent educational institution self insurance, and insurers subject to administrative supervision. Effective 7/11/03. Chapter 281.
Florida SB 2364 - Enacts numerous changes to the state's insurance laws pertaining to form of premium payment, licensing application, examination exemptions, continuing education requirements, appointment by insurers, alternative dispute resolution, premium finance charges, unfair trade practices, workers' compensation guaranty fund, late filing fees for appointments. Effective 6/26/03. Chapter 267.
Hawaii HB 1164 - Makes numerous revisions to the state insurance laws pertaining to licensure suspension, certificates of authority, annual and quarterly filings, penalties for failure to remit taxes or file statements, surplus lines broker and managing general agent bond requirements, unauthorized binders, notice of change of legal name, continuing education requirements, errors and omissions policies for managing general agents, electronic notification of liquidation orders. Effective 7/1/03. Act 212.
Indiana HB 1545 - Provides licensing reciprocity for insurance administrators, repeals the requirement for surplus lines producer to be bonded, and clarifies that a notice of nonrenewal is not required when commercial property and casualty or automobile insurers tranfer insureds to an affiliate as a result of a merger, acquisition, or restructuring. Effective 7/1/03. Public Law 160.
Montana HB 145 - Revises numerous sections of the state insurance laws pertaining to the transfer of securities, capital and surplus requirements for surplus lines insurers, the reporting of acquisition of equity security, formation of farm mutual insurers, policies issued in connection with an exchange or a conversion, and fraud. Effective 10/1/03. Chapter 380.
Nebraska L 216 - Amends numerous insurance laws including provisions related to filing of financial statements, approval and filing of property and casualty insurance forms, and insurer investments, among other things. Effective 8/31/03.
New Hampshire HB 460 - Amends numerous insurance laws including provisions related to fire insurance contracts, managing general agents, governmental liability and terrorism exclusions. Effective 1/1/04. Chapter 144.
New Mexico SB 557 - Makes numerous changes to the state's insurance laws including record retention requirements, licensing procedures for agents and rate filing procedures. Effective 6/20/03. Chapter 202.
Nevada AB 453 - Makes numerous changes to the state's insurance laws including, among other things, expansion of the authority of the insurance commissioner to enter into cooperative agreements with government entities and to share certain information as part of any cooperative agreement. Signed into law 6/11/03.
North Carolina HB 276 - Makes numerous changes to the state's insurance laws including deposits required of foreign insurers, valuation of assets, guaranty capital for domestic mutual companies, and directed suretyship. Effective 10/1/03. Chapter 212.
Oregon HB 2278 - Makes several changes to the state's insurance laws related to the handling of complaints, certificates of exemption and the timeline for review of all mergers and acquisitions. Effective 1/1/04. Chapter 802.
South Carolina SB 549 - Makes numerous changes to the state's workers' compensation laws related to exempt commercial policies, premium taxes, dividends, producer appointments, brokers, state auto insurance plan, worker's compensation fund, proof of financial responsibility for vehicle owners, the wind and hail underwriting association and the second injury fund. Effective 6/25/03. Act 73.
Tennessee HB 2056 - Amends insurance laws governing rate filing fees, notice of nonrenewal, surplus lines premium taxes, and county mutual fire insurance company financial reporting. Effective 5/29/03 and 1/1/04. Chapter 215.
Utah HB 373 - Amends various provisions of the state's insurance laws pertaining to limitations of a certificate of authority, filing and annual fees, title insurance, prohibitions against premium increases for motor vehicle coverage, licensing requirements, and fraud. Effective 5/5/03. Chapter 252.
California SB 1 - Enacts the California Financial Information Privacy Act of 2003. Effective 7/1/04. Chapter 241.
California SB 27 - Requires notification compliance by all insurers disclosing a customer's personal information to a third party. Effective 1/1/04.
Connecticut SB 836 - Requires the insurance department to maintain confidentiality of certain records related to investigations. Effective 10/1/03. Act 03-121.
Idaho HB 58 - Establishes procedures for sharing of confidential information between government agencies and the National Association of Insurance Commissioners. Effective 7/1/03. Chapter 102.
Illinois HB 1192 - Requires commercial lines insurers, except workers' compensation insurers, to provide an insured's loss information to the insured's producer at the written request of the insured. Effective 7/10/03. Public Act 93-155.
Montana HB 205 - Outlines changes to Montana's insurance privacy laws including exceptions to health insurance portability and accountability act of 1996 guidelines, state privacy law controls, medical record disclosure notification and permitted disclosures. Effective 4/17/03 and 1/1/04. Chapter 385.
North Dakota HB 1179 - Prohibits insurers from disclosing to a nonaffiliated third party any nonpublic personal information contrary to title V of the Gramm-Leach-Bliley Act contrary to the rules adopted by the commissioner. Effective 8/1/03.
Virginia HB 1928 - Prohibits a financial institution from disclosing a customer's record to a law-enforcement officer pursuant to a subpoena duces tecum. Effective 7/1/03. Chapter 541.
Virginia HB 2524 - Permits oral communication of an insurer's privacy practices if insured is given notice. Effective 7/1/03. Chapter 266.
Virginia SB 878 - Requires each insurance institution, agent, and insurance-support organization to implement a comprehensive written information security program. Effective 7/1/03. Chapter 729.
Utah HB 181 - Prohibits insurers from publicly posting or displaying an individual's social security number or from printing it on insurance identification cards. Effective 5/5/03. Chapter 188.
Arizona SB 1266 - Prohibits insurers from charging more for certain residential property insurance coverage with a single 'below deductible' claim, not exceeding $500 in the previous three years, than would be charged for like coverage on the same property if the property had no 'below deductible' claims. Effective 9/18/03. Chapter 131.
Arkansas HB 2222 - Requires property insurers (in certain circumstances) to include an impact statement regarding rate and rule filings effect on fire protection. Effective 7/15/03. Act 1749.
Louisiana HB 1508 - Creates the Office of Property Casualty to facilitate the functions of the Insurance Rating Commission. Effective 8/15/03. Act 456.
Louisiana SB 721 - Provides a more flexible rating system by exempting rate increases or decreases of 10% or less from the review and approval of the state rating commission, but limits the commission's approval of rate increases to not more than once per rate classification per year. Effective 1/1/04. Act 351.
Montana HB 588 - Restricts midterm rate increases or coverage decreases on P/C policies under certain circumstances. Effective 10/1/03. Chapter 501.
New Hampshire HB 684 - Amends laws regulating rate and form approval to, among other things, exempt large commercial insureds from the state rate and form approval requirements. Effective 1/1/04. Chapter 150.
New Jersey AB 2964 - Deletes existing provisions of law pertaining to surplus lines policy form regulation. Effective 9/12/03. Chapter 179.
Nevada SB 250 - Requires filing and approval of rates under certain circumstances. Effective 6/12/03 and 7/1/03. Chapter 508.
North Carolina SB 769 - Authorizes the state underwriting association to establish rate setting approval procedures for the Beach Plan Homeowners Policy and creates incentives for beach and coastal homeowners. Effective 6/5/03. Chapter 158.
Oklahoma HB 1721 - Allows insurers to lower rates by more than 15% without prior approval. Effective 11/1/03.
Texas SB 14 - Establishes rate and form regulations for personal automobile and residential coverage. Effective 6/11/03 and 12/1/04.
Texas SB 310 - Requires filing of rate information by property casualty insurers. Effective 2/25/03. Chapter 1.
Texas SB 113 - Allows residential property insurers to give discounts to homeowners who have filed no claims in three continuous years of coverage with that company. Effective 6/20/03. Chapter 796.
Texas SB 581 - Allows insurers to provide discounts on homeowners coverage for the use of insulating concrete forms. Effective 9/1/03. Chapter 1180
Arkansas HB 2770 - Requires insurers who write fire insurance to file annual statements of fire losses on a county-by-county basis. Effective 4/14/03. Act 1345.
Connecticut SB 837 - Amends insurance code to require that information filed with the National Association of Insurance Commissioners include any additional filings required by the insurance commissioner, including swap agreements. Effective 10/1/03. Public Act 03-199.
Mississippi HB 692 - Requires new domestic insurers to file quarterly financial statements. Effective 7/1/03. Chapter 384.
North Carolina HB 283 - Specifies the type of paper to be used by insurers submitting required information to the department of insurance. Effective 10/1/03. Chapter 290.
North Dakota SB 2121 - Authorizes the commissioner to designate the National Association of Insurance Commissioners as the repository for annual statement filings. Effective 8/1/03.
Maine HB 1095 - Excludes obligations of insolvent insurers related to reinsurance contracts from the state loss claim requirements. Effective 90 days after adjournment. Public Law 202.
North Dakota HB 1141 - Requires domiciled insurers to report any new ceded reinsurance agreements to the commissioner. Effective 8/1/03.
Wisconsin SB 116 - Establishes when the amount recoverable by a liquidator from a reinsurer of a ceding insurer is reduced. Effective 8/26/03. Act 44.
Residual (Non-Standard) Market Plans
Iowa HB 599 - Creates a FAIR plan, requiring all insurers writing business in the state to become members. 5/9/03. Chapter 119.
Louisiana HB 1788 - Requires property insurers to participate in the Coastal and FAIR plans as a condition of authority to do business in the state. Effective 8/15/03. Act 1133.
Maryland HB 1153 - (FAIR plan) Increases property coverage that can be written by the Joint Underwriting Association (JUA) from $500,000 to $1.5 million on real or personal property comprised of or contained in a single building. Effective 10/1/03. Chapter 355. Chapter 355.
Mississippi HB 1113 - Creates the Residential Property Insurance Underwriting Association as a residual market for residential property coverage. Effective 7/1/03. Chapter 533.
Mississippi SB 2628 - Creates the Medical Malpractice Insurance Availability Act to establish a residual market for medical malpractice insurance. 4/24/03. Chapter 560.
North Dakota SB 2251 - Allows the commissioner to create a property insurance placement facility for residents unable to obtain coverage in the standard market. Effective 8/1/03.
Rhode Island HB 5476 and SB 281 - Increases coverage available under FAIR plans. Effective 1/1/04. Public Law 357.
Texas SB 1606 - Changes requirements for establishment of residential property Fair Access to Insurance Requirements Plans. Effective 6/20/03. Chapter 964.
Wyoming HB 261 - Provides for a feasibility study of establishing a joint underwriting association for medical malpractice and a provider owned mutual company and a provider liability risk retention group. Effective 3/6/03. Chapter 151.
Colorado SB 59 - Recreates and reenacts the division of insurance and its regulatory functions. Effective 7/1/03. Chapter 40.
Connecticut HB 6377 - Authorizes the insurance commissioner to engage the services of attorneys, actuaries or other experts not part of the commissioner's staff to assist in financial analysis, licensure application review, holding company transactions. Effective 10/1/03. Public Act 03-127.
Idaho HB 60 - Authorizes the insurance department to investigate insurers applying for a certificate of authority. Effective 7/1/03. Chapter 103.
Maine SB 510 - Authorizes the superintendent of insurance to adopt rules to establish fees/fee caps under the state insurance code. Effective 9/12/04. Public Law 203.
North Dakota HB 1137 - Requires insurers to reply to insurance commissioner inquiries regarding the company's activities within 20 days unless an extension is requested and granted. Effective 8/1/03.
North Dakota HB 1264 - Prohibits writing controlled business and prohibits the commissioner from granting or renewing any license if they determine it will be used to write controlled business. Effective 8/1/03.
North Dakota SB 2205 - Authorizes the commissioner to grant extensions and waive related penalties for annual report filing. Effective 8/15/03.
Connecticut SB 1059 - Adopts the model State Structured Settlements Protection Act. Effective 10/1/03. Act 03-110.
Illinois HB 3582 - Creates the Structured Settlement Protection Act to regulate the transfer of structured settlement payment rights. Effective 1/1/04. Public Act 93-502.
Nevada AB 166 - Provides rules to regulate the transfer of rights and payments under structured settlements. Effective 10/1/03. Chapter 304.
Texas HB 1666 - Expands which courts may approve a transfer of payment rights under certain structured settlements. Effective 9/1/03. Chapter 578.
New Mexico HB 420 - Increases the premium tax from 3% to 3.003%. Effective 7/1/03. Chapter 14.
New Mexico SB 331 - Provides revisions to the exemptions from the premium tax to exempt insurance purchased by the state or a political subdivision for their active or retired employees. Effective 3/20/03. Chapter 58.
New York AB 2106 - State budget includes provisions replacing the franchise tax with a 2% premium tax. Effective 1/1/03.
Oklahoma HB 1658 - Establishes procedures for obtaining a refund for erroneously paid premium taxes. Effective 11/1/03.
Wisconsin SB 197 - Revises the formula for franchise tax apportionment for domestic insurers. Effective 8/15/03. Chapter 37.
West Virginia SB 485 - Allows the insurance commissioner, prior to commencing any civil action, to compromise any claim relating to the liability of a person with respect to any tax, including any surcharge, interest, additional tax, fee, fine or penalty, administered by the Commissioner for any taxable period. Effective 6/6/03. Act 132.
Virginia SB 854 - Provides for penalties for the failure to report direct gross premium income or pay the tax. Effective 7/1/03. Chapter 372.
Arizona SB 1119 - Prohibits unsolicited calls to individuals listed on either the Arizona or the federal no-call list. Effective 9/18/03. Chapter 237.
Arkansas HB 2293 - Amends the state telephone privacy act to include the federal do-not call registry. Effective 7/15/03. Act 1042.
California SB 33 - Requires compliance with state and federal laws regarding telephone solicitations. Effective 1/1/04. Chapter 779.
Illinois HB 3407 - Requires telephone solicitors to purchase the do-not-call list and sets forth that calls made to residential subscribers to the do-not-call list represent a violation of the Restricted Call Registry Act. Effective 6/30/03. Public Act 93-49.
Louisiana HB 150 (SB 909) - Prohibits solicitations of wireless telephone subscriber residing in the state. Effective 8/15/03. Act 991.
Louisiana SB 843 - Repeals the five dollar fee for participation in the state's Telephone Solicitation Relief Act. Effective 8/15/03. Act 836.
Maine SB 113 - Prohibits telemarketers from using blocking devices to conceal their numbers from caller identification. Effective 1/29/04. Public Law 70.
Michigan SR 164 - Encourages adoption of the federal do-not-call list. Adopted 10/2/03.
Mississippi SB 2445 - Creates the Telephonic Solicitation Act to restrict telephone solicitations. Effective 7/1/03. Chapter 478.
Montana HB 424 - Establishes a telephone solicitation no-call list. Effective 7/1/03. Chapter 589.
New Hampshire SB 98 - Prohibits telemarketers from calling individuals listed on the federal do-not-call list. Effective 9/16/03. Chapter 303.
New Jersey AB 727 - Prohibits telemarketers from making unsolicited calls to certain individuals. Effective 5/21/03. Chapter 76.
New Mexico SB 573 - Allows consumers to register through a toll free number for the do-not-call registry. Effective 7/1/03. Chapter 167.
New York SB 5484 - Permits the transfer of contents of the state no-call registry to the federal registry. Effective 6/30/03. Chapter 124.
North Carolina SB 872 - Restricts telephone solicitations. Effective 10/1/03. Chapter 411.
North Dakota SB 2255 - Prohibits the use of automatic dial/announcement devices unless approved by a subscriber and prohibits calls to subscribers of the state do-not-call list. Effective 8/1/03. Chapter 438.
Oklahoma HB 1271 - Renders the no-call registry privileged and confidential. Effective 6/3/03. Chapter 357.
Pennsylvania HB 276 - Prohibits unwanted telephone solicitations. Effective 9/12/03. Act 22-2003.
South Dakota SB 33 - Amends the definition of unsolicited consumer call to exempt calls made by licensed insurers in an effort to schedule a face-to-face meeting. Effective 7/1/03. Chapter 212.
South Dakota SB 41 - Creates the No Solicitation Calls list. Effective 7/1/03. Chapter 238.
Texas HB 147 - Amends the definition of 'telephone call' to include calls made to a mobile telephone number for purposes of registration of 'no-call' lists aimed at blocking telemarketing calls. Effective 6/20/03. Chapter 399.
Texas HB 149 - Deletes the requirement of consumer addresses being included on the Texas no-call list, by instead requiring zip codes. Effective 6/20/03. Chapter 401.
Utah SB 194 - Exempts insurers from the provisions of the Telephone and Facsimile Solicitation Act. Effective 5/5/03. Chapter 263.
Wyoming HB 53 - Prohibits telephone solicitations between the hours of 8 am and 8 pm. Effective 7/1/03. Chapter 51.
Michigan HB 4432 - Allows insurers to exclude coverage for fire following an act of terrorism. Effective 5/29/03. Public Act 11.
Minnesota HB 267 - Provides that losses caused by terrorism are not covered in a commercial property insurance policy, unless an endorsement is attached to the policy specifically covering losses caused by terrorism. Effective 4/8/03. Chapter 10.
New Jersey AB 1651 - Prohibits a financial institution from withdrawing or disposing of funds or assets relating to terrorism until further order of the court. Effective 2/27/03. Chapter 22.
Virginia HB 2606 - Requires each standard fire policy to contain a provision stating that the insurer will not be liable for loss due to terrorism. Effective 7/1/03. Chapter 930.
Arizona HB 250 - Establishes the Lengthy Trial Fund to compensate jurors who serve more than 10 days.
Arkansas HB 1038 - Establishes reforms related to damage awards, liability assessment, evidence and venue. Effective 3/25/03. Act 649.
Arkansas SB 216 - Authorizes trial and appellate courts to order certain cases to mediation. Effective 7/15/03. Act 1179.
Colorado HB 1007 - Establishes a $300,000 limit on noneconomic damage awards in medical malpractice cases. Effective 7/1/03. Chapter 271.
Colorado HB 1027 - Permits interlocutory appeal of class action cases. Effective 7/1/03. Chapter 103.
Colorado HB 1186 - Establishes requirements and procedures in order to assert a claim for exemplary damages. Effective 8/5/03. Chapter 149.
Colorado HB 1366 - Limits supersedeas bonds during the appeal of a civil action to $25 million. Effective 5/22/03. Chapter 288.
Colorado SB 86 - Establishes limitations on contingency fee arrangements between the government and private lawyers. Effective 8/5/03. Chapter 124.
Colorado SB 231 - Prohibits certain product liability actions when a product was found to have been misused. Effective 9/1/03. Chapter 167.
Georgia HB 792 - Amends the procedures governing the conduct of civil lawsuits. Effective 7/1/03. Act 363.
Idaho HB 72 - Establishes rules to govern the resolution of lawsuits involving money judgments of $25,000 or less. Effective 2/27/03. Chapter 29.
Idaho HB 92 - Eliminates joint and several liability in pollution and pharmaceutical product liability cases, reduces the cap on noneconomic damages in personal injury cases from $400,000 to $250,000, changes the burden of proof for punitive damages to clear and convincing evidence, and limits punitive damage awards to the greater of $250,000 or three times compensatory damages. Effective 7/1/03. Chapter 122.
Illinois SB 729 - Specifically exempts plaintiffs' employers from the calculation of joint and several liability for medical and medical-related expenses. Effective 6/4/03. Public Act 93-12.
Louisiana HB 2008 - Establishes grounds for waivers of petit jury service, postponement and for establishment of a lengthy trial fund.
Maine HB 835 - Provides that prejudgment interest not be awarded in small claims cases unless the interest rate is contractually provided for. In all other civil actions, prejudgment interest may be recovered at the Treasury rate plus 3%. When prejudgment interest is awarded, the interest rate must be contained in the judgment. Effective 7/1/03. Public Law 460.
Minnesota SB 872 - Amends criteria for being held jointly liable. Several liability exists, except that the following persons may be held jointly liable: a person whose fault is greater than 50%; two or more persons who act in a common scheme or plan that results in injury; a person who commits an intentional tort; or a person whose liability arises under specified chapters of the Minnesota Statutes. Effective 8/1/03. Chapter 71.
Montana HB 212 - Amends procedures for the award of punitive damages. Effective 3/25/03. Chapter 121.
Montana SB 363 - Limits punitive damage awards to no more than $10 million or 3% of a defendant's net worth, whichever is less. Not applicable to class actions. Effective 10/1/03. Chapter 457.
New Jersey SB 63 - Applies existing collateral source reimbursement provisions to the newly created Special Auto Insurance Policy.
Tennessee SB 1687/HB 141 - Limits the amount of an appeal bond to $75 million.
Texas HB 4 - Amends various provisions of state law pertaining to litigation (appeal bonds, class actions, intrastate forum shopping and noneconomic damages) providing comprehensive tort reform. Effective 6/11/03 and 9/1/03. Chapter 204.
Utah HB 324 - - Establishes statutorily acceptable excuses from and postponements of jury trial service as well as penalties for failure to appear for jury service.
West Virginia HB 2122 - Provides several tort reforms aimed at medical malpractice cases. Effective 6/9/03. Act 147.
West Virginia SB 213 - Prohibits a nonresident of West Virginia from bringing an action in a court of the state unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in the state. Effective 7/1/03. Act 83.
Uniform Commercial Code Changes
Delaware HB 268 - Amends the U.C.C. by increasing fees related to secured transactions and provides for expedited services through the office of the secretary of state. Effective 8/1/03. Chapter 52.
Washington SB 5561 - Provides rules to govern restrictions on assignments under the U.C.C. Effective 7/1/03. Chapter 87.
Motor Vehicle Insurance
Arkansas HB 1573 - Raises the property damage amount required to report vehicle accidents from $500 to $1,000 and repeals insurer reporting requirements when canceling or terminating a certified motor vehicle liability policy. Effective 7/15/03. Act 333.
Nebraska L 185 - Raises the threshold for mandatory reporting of a property damage motor vehicle accident and for posting security for financial responsibility. Effective 1/1/04.
Rhode Island HB 6066 and SB 22 - Establishes standards for the use of aftermarket parts. Effective 7/17/03. Public Law 239.
California AB 1238 - Amends the definition of commercial vehicle for determining percentage of defense costs for auto losses where two or more policies cover the damaged vehicle. Effective 1/1/04. Chapter 729.
New Mexico HB 347 - Applies the definition of commercial motor carrier vehicle to the Motor Carrier Safety Act. Effective 7/1/03. Act 10.
Colorado HB 1251 - Requires insurers to fund an automobile theft prevention authority. Effective 4/22/03. Chapter 178.
Florida SB 32A - Enacts the Health Care Clinic Act to amend laws governing personal injury protection under motor vehicle insurance including prohibitions on the disclosure of police records, accessibility and prohibitions on commercial use of motor vehicle accident reports, health care clinic standards, when benefits are due, acceptable treatment charges, billing requirements, medical exam reports, minimum benefits, deductibles, and instances of fraud. Effective 10/1/03. Chapter 411.
Illinois HB 3522 - Prohibits auto insurance applicants from providing false addresses and provides for fines. Effective 1/1/04. Public Act 93-269.
New York AB 8671 - Extends pilot program to prevent auto theft and insurance fraud, requiring mandatory surcharges and victim assistance fees be paid for traffic interactions under the vehicle and traffic laws. Effective 9/1/05. Chapter 261.
Oregon HB 3668 - Raises the liability coverage required for PIP benefits. Effective 1/1/04. Chapter 813
Washington HB 1084 - Changes the minimum amount of PIP benefits required to be offered by insurers. Effective 7/27/03. Chapter 115.
Arkansas SB 406 - Requires insurers to provide their National Association of Insurance Commissioners code number on auto proof of insurance cards. Effective 7/1/03. Act 998.
Colorado HB 1223 - Requires proof of coverage as a condition of motor vehicle registration reinstatement. Effective 5/22/03. Chapter 292.
North Dakota HB 1238 - Establishes that drivers have the burden of establishing time of acquisition of insurance coverage regarding charges of driving without a valid insurance policy in effect. Effective 8/1/03.
Oregon SB 247 - Repeals the authority to use bonds or cash deposits to meet motor vehicle financial responsibility requirements and makes other changes related to surety. Effective 1/1/04. Chapter 175.
Washington HB 1576 - Allows a court or violations bureau to assess court costs of $25 to individuals cited for driving without insurance if the person provides evidence, at the time of the citation, that he or she had proper insurance. Effective 7/27/03. Chapter 221.
California SB 551 - Prohibits an insurer from requiring the use of specific repair shops. Effective 1/1/04. Chapter 791.
Colorado HB 1253 - Prohibits insurers from engaging in an unfair or discriminatory trade practices in the payment of damage repair claims. Effective 7/1/03. Chapter 390.
Illinois SB 228 - Creates the Automotive Collision Repair Act setting forth disclosure requirements for repair estimates and invoicing practices and outlining unlawful repair practices. Effective 1/1/04. Public Act 93-565.
Nevada AB 367 - Provides that insureds have the right to have repairs done at a repair shop of their choice. Effective 10/1/03. Chapter 87.
North Carolina HB 986 - Requires disclosure of an insurer's financial interest in a recommended repair shop. Effective 8/7/03. Chapter 395.
North Carolina SB 558 - Amends laws governing total loss and repair of vehicles. Effective 12/1/03. Chapter 258.
Texas HB 1131 - Prohibits insurers from holding or acquiring any ownership interest in an auto repair facility. Effective 9/1/03. Chapter 1045.
Virginia HB 2267 - Prohibits insurers from recommending designated repair facilities or the products of a designated manufacturer when settling a claim without first advising the claimant that they are not obligated to use such facilities and disclosing the location of the recommended facility. Effective 7/1/03. Chapter 361.
Nevada AB 325 - Establishes rules to govern the transfer or total loss of salvage vehicles. Effective 10/1/03. Chapter 339.
Wyoming HB 135 - Amends the requirements to apply for a certificate of title branded 'salvage' if the insurer is not involved in a damage settlement. Effective 7/1/03. Chapter 31.
Arizona HB 2002 - Regulates and limits the use of ignition interlock devices. Effective 9/18/03. Chapter 213.
Colorado HB 1144 - Establishes child safety restraint requirements. Effective 8/1/03. Chapter 34.
Colorado HB 1170 - Increases penalties for young drivers who commit certain crimes involving motor vehicles. Effective 7/1/03. Chapter 284.
Colorado SB 76 - Increases penalties tied to alcohol related traffic offenses. Effective 7/1/03. Chapter 367.
Delaware HB 43 - Requires all vehicle occupants 16 years of age or older to wear a seat belt. Effective 6/30/03. Chapter 90.
Idaho HB 303 - Requires all vehicle passengers to wear safety restraints. Effective 1/1/03. Chapter 183.
Illinois HB 499 - Requires persons under the age of 18 years to complete a motorcycle training course as a requisite for operating a motorcycle. Effective 1/1/04. Public Act 93-174.
Illinois SB 1199 - Establishes as a bail condition for defendants charged with DUI that they refrain from driving a vehicle unless it is equipped with an ignition locking device. Effective 1/1/04. Public Act 93-184.
Illinois SB 52 - Requires child passengers under the age of 8 to be secured in child restraint systems. Effective 1/1/04. Public Act 93-100.
Maine SB 477 - Amends licensing requirements for drivers under the age of 21. Effective 9/12/03. Public Law 286.
New Mexico HB 117 - Provides increased penalties for habitual DUI offenders. Effective 3/28/03. Chapter 90.
New Mexico HB 250 - Establishes blood alcohol limits for commercial drivers and all drivers. Effective 3/19/03. Chapter 51.
New Mexico SB 266 - Creates the interlocking devices fund to cover costs of installing, leasing and removing such devices for indigent people. Effective 3/28/03. Chapter 92.
New Mexico SB 501 - Establishes requirements for an ignition interlock license. Effective 4/6/03. Chapter 239.
North Carolina HB 358 - Provides specific definitions, under the Safe Driver Incentive Plan, for major accident, minor accident, and intermediate accident. Effective 1/1/04. Chapter 37.
North Dakota HB 1193 - Provides that evidence of failure to wear a seat belt does not represent negligence. Effective 8/1/03.
Pennsylvania SB 8 - Reduces the blood alcohol content from 10% to .08% at which a person is presumed to be DUI. Provides that an ignition interlock device is required for second or subsequent offenses and creates three categories of DUI offense, stipulating that minors may not drive with a BAC of .02% or higher, and prohibits driving under the influence of controlled substances. Effective 9/30/03. Act 24-2003.
Rhode Island SB 457 - Prohibits the automatic dismissal of charges for failure to wear seat belts for persons under the age of 16. Effective 7/1/03. Public Law 160.
Rhode Island HB 5159 - Expands requirements necessary for minors to obtain provisional driver's licenses. Effective 7/17/03. Public Law 323.
Rhode Island HB 5452 and SB 249 - Increases DUI penalties. Effective 7/2/03. Public Law 87.
Texas HB 292 - Amends laws governing when an arresting officer is required to take a specimen of blood or breath related to suspected alcohol related offenses. Effective 9/1/03. Chapter 422.
Texas SB 45 - Makes it a state jail felony to drive while intoxicated with a passenger under the age of 15. Effective 9/1/03. Chapter 45.
Vermont SB 25 - Amends requirements for the use of child safety restraint systems and seat belt use. Effective 1/1/04. Act 28.
Washington HB 1619 - Increases the penalty for driving while under the influence of alcohol (DUI) with children in the vehicle. Effective 7/27/03. Chapter 103.
Wisconsin AB 88 - Changes the prohibited alcohol concentration for operating a motor vehicle from 0.1 to 0.08. Effective 9/30/03. Act 30.
Wyoming HB 118 - Increases penalties associated with DUI violations. Effective 7/1/03. Chapter 47.
Wyoming HB 168 - Modifies citation requirements for seat belt violations. Effective 7/1/03. Chapter 136.
Arizona HB 2151 - Amends form filing procedures for UI/UIM coverage. Effective 9/18/03. Chapter 86.
California SB 333 - Revises regulations governing the time period for causes of action involving uninsured motorist coverage. Effective 1/1/04. Chapter 56.
Colorado SB 239 - Eliminates the requirement for auto insurers to report policyholder and uninsured motorist claim numbers and continues the motorist insurance identification database program until 7/1/06. Effective 7/1/03. Chapter 415.
New Mexico HJM 87 - Directs interim study committee review of issues surrounding uninsured motorists. Adopted 3/21/03, Laws of 2003.
North Carolina HB 1023 - Amends UI/UIM laws. Effective 1/1/04. Chapter 311.
North Dakota HB 1190 - Provides that in any claim for uninsured or underinsured motorist benefits, the insured and the insurer each bear responsibility for their own attorney's fees incurred unless the insurance contract specifically provides otherwise. Effective 8/1/03.
Oregon HB 2925 - Establishes a 60-day time period for signing an election of lower limits for uninsured motorist coverage. Effective 1/1/04. Chapter 220.
Utah SB 52 - Allows accessibility ( to information in the Uninsured Motorist Identification Database by financial institutions to facilitate protection of bona fide security interests in a motor vehicles. Effective 5/5/03. Chapter 32.
Utah SB 186 - Prohibits collection of uninsured or underinsured motorist coverage under certain circumstances including bodily injury or death sustained by a person while committing a violation of state law, who, as a passenger in a vehicle, has knowledge that the vehicle is being operated in violation of state law, or while committing a felony. Effective 5/5/03. Chapter 76.
Utah SB 214 - Amends uninsured and underinsured motorist coverage laws to allow self-insurers to provide uninsured or underinsured motorist coverage in an amount that is less than their maximum self-insured retention by issuing a declaration or policy statement indicating the self-insured entity's coverage level and process for filing an uninsured motorist claim. Effective 5/5/03. Chapter 218.
Arizona HB 2283 - Establishes provisions to regulate taxis, sedans, limousines. Effective 9/18/03. Chapter 168.
Arkansas HB 1386 - Changes liability limits for taxicabs from $25,000 per person and $50,000 per accident to the minimum amounts prescribed under the Motor Vehicle Safety Responsibility Act, which provides for the filing of a bond or obtaining self-insurance in lieu of these policy limits. Effective 7/15/03. Act 1152.
Arkansas SB 243 - Requires auto insurers to include payment of sales tax in settlements involving the total loss of a vehicle. Effective 3/18/03. Act 458.
California SB 841 - Authorizes the utilization of persistency of auto insurance coverage as an additional optional rating factor. Effective 7/31/03. Chapter 169.
California AB 1181 - Requires personal auto insurers to provide certain information at the time of application for or issuance of or renewal of an auto policy. Effective 1/1/04. Chapter 360.
Colorado HB 1188 - Repeals the no-fault auto insurance system by providing for compulsory coverage and a return to the tort system. Effective 7/1/03 (Applies to policies written on or after 7/1/03.) Chapter 234.
Colorado HB 1289 - Requires household goods carriers (movers) to maintain general liability and motor vehicle liability insurance, a surety bond, or a certificate of self-insurance. Effective 8/5/03. Chapter 358.
Georgia HB 688 - Regulates security required of vehicle protection warrantors, including provisions required to be included in a warranty reimbursement insurance policy. Effective 1/1/04. Act 290.
Georgia HB 191 - Amends reporting requirements for motor vehicle fleet insurance policies. Effective 5/28/03. Act 44.
Louisiana HB 1686 - Prohibits rate increases for student drivers tied to disciplinary actions. Effective 1/1/04. Act 732.
Maine HB 12 - Increases the number of accidents permitting non-renewal be increased by one in households with more than one driver. Effective 9/12/03. Public Law 26.
Maryland HB 641 - Requires the insurance commissioner to adopt regulations for the settlement of claims involving the valuation of motor vehicles. Effective 10/1/03. Chapter 439.
Maryland SB 193 - Requires intersections monitored by traffic control monitoring systems to maintain yellow lights in accordance with Federal Highway Administration guidelines. Effective 10/1/03. Chapter 218.
New Mexico HB 108 - Establishes coverage and limitation requirements for motor vehicle policies, requiring policies insure against loss, the person named in the policy and anyone using a motor vehicle with the insured's permission. Effective 6/20/03. Chapter 171.
New Mexico HB 346 - Repeals laws relating to vehicles used for the transport of explosives or other dangerous articles. Effective 6/20/03. Act 173.
New Jersey SB 63 - Makes numerous changes to automobile insurance laws and the unsatisfied claim and judgment fund. Chapter 89.
North Dakota SB 2262 - Provides for a legislative study of motor vehicle insurance systems. Effective 8/1/03.
North Dakota SB 2275 - Raises the dollar threshold (from $5,000 to $10,000) for coordination of benefits for automobile accidents. Effective 8/15/03.
Oregon SB 246 - Clarifies the Department of Transportation's responsibilities under the Motor Vehicle Code relative to the filing of a certificate of insurance such that the Department does not make the determination as to whether the certificate of insurance covers all vehicles or contains required coverage. Effective 1/1/04. Chapter 174.
Oregon HB 2043 - Allows a credit against corporate income or excise tax for corporations that provide vehicle insurance under a mile or time-based rating plan. Effective on 91st day after adjournment. Chapter 545.
Oregon SB 602 - Eliminates rules governing which insurance is primary when a person lends, rents, donates the use of, makes available for test drive, or otherwise provides a motor vehicle to another person in the course of business. Effective 1/1/04.
Rhode Island SB 668 - Establishes limits on the liability of lessors of short and long term rental vehicles. Effective 7/7/03. Public Law 117.
Rhode Island HB 5368 and SB 280 - Allows vehicle insurance to paid in monthly installments. Effective 1/1/04. Public Law 315.
Virginia HB 2512 and SB 1154 - Allows insurers of motor vehicles, aircrafts, or pleasure watercrafts to exclude any person from liability coverage under a personal umbrella or excess policy, if the exclusion is requested in writing by the first named insured and is acknowledged in writing by the excluded driver. Effective 7/1/03. Chapter 756.
Workers' Compensation
Maine SB 21 - Increases the assessment on workers' compensation coverage. Effective 7/1/03. Public Law 425.
Nevada SB 193 - Provides that an assessment be made against all industrial insurers to fund payments to certain persons entitled to receive permanent total disability. Effective 6/10/03. Chapter 452.
California AB 149 - Establishes the period within which proceedings must commence for the collection of workers' compensation benefits at one year from date of death. Effective 1/1/04. Chapter 831. Defined Injuries
California AB 1557 - Provides that an employee is `ot entitled to an increase in workers' compensation benefits for unreasonable delays in the provision of medical treatment for time periods necessary for utilization review. Effective 1/1/04. Chapter 638.
Georgia SB 233 - Amends claims resolution procedures and increase maximum temporary disability benefits. Effective 7/1/03. Act 86.
Iowa HB 225 - Increases maximum burial expenses from $5,000 to $7,500 and extends sunset date for the second injury fund surcharge, among other things. Effective 7/1/03 (7/1/08 for sunset of second injury fund surcharge.) Chapter 140.
Maine HB 368 - Amends the definition of average weekly wages, earnings or salary. Effective 9/12/03. Public Law 437.
New Hampshire SB 174 - Requires the average weekly wage of the employee at the time of injury to be used when calculating payments for permanent disability. Effective 9/13/03. Chapter 269.
New Hampshire SB 82 - Changes the calculation of interest for workers' compensation claims. Effective 8/5/03. Chapter 99.
New Mexico HB 501 - Amends the definition of permanent total disability benefits and increases the limit on attorney fees for workers' compensation claims. Effective 6/20/03. Chapter 265.
Nevada AB 206 - Establishes rules to govern deductions in payments for permanent partial disability benefits. Effective 7/1/03. Chapter 72.
Nevada AB 438 - Provides for an annual increase in permanent total disability benefits. Effective 1/1/04. Chapter 77.
Oregon SB 757 - Modifies the calculation of workers' compensation permanent partial disability benefits. Effective 1/1/04. Chapter 657.
Rhode Island SB 626 - Amends various provisions of the state's workers' compensation laws including the immediate payment of benefits when two or more insurers are liable. Effective 7/31/03. Public Law 395.
Rhode Island HB 5600 - Amends workers' compensation laws related to disfigurement benefits. Effective 7/31/03. Public Law 388.
Texas SB 1574 - Establishes the state's average weekly wage for 2004 and 2005 and gives the medical quality review panel immunity from civil liability for actions taken in good faith as panel members. Effective 6/20/03. Chapter 963.
Arkansas HB 1965 - Includes adverse reactions to smallpox vaccine within the definition of compensable workers' compensation injury. Effective 4/10/03. Act 1237.
Connecticut HB 6608 - Expands the definition of a covered claim and the order of recovery for a workers' compensation claim. Effective 5/23/03. Public Act 03-59.
Montana HB 410 - Addresses benefits for injuries that occur while an employee is traveling. Effective 4/21/03. Chapter 435.
Virginia HB 1877 - Requires persons entitled to the presumption that occupational exposure to blood or body fluids is an occupational disease to, upon an employer's request, resubmit to a subsequent evaluation. Effective 7/1/03. Chapter 842.
Virginia HB 2728 and SB 897 - Amends the definition of 'injury' to include any injury, disease, or condition resulting from the administration of vaccinia (smallpox) vaccine. Effective 7/1/03. Chapter 999.
Florida HB 1035 - Authorizes the insurance department to provide confidential investigative information related to employer compliance to law enforcement and administrative agencies and repeals the scheduled exemption of this information from the open records law. Effective 10/1/03. Chapter 106.
http://assembly.state.ny.us/leg/?bn=S05624&sh=t - Expands the list of authorized parties to whom workers' compensation records may be disclosed. Effective 10/20/03.
California AB 1099 - Authorizes the Employment Development Department to request information from insurers regarding suspected workers' compensation fraud. Effective 1/1/04. Chapter 636.
Arizona SB 1048 - Establishes additional definitions related to workers' compensation responsibilities and increases penalties. Effective 9/18/03. Chapter 180.
Louisiana SB 819 - Requires employers or their insurer to provide medical benefit payments and imposes penalties for failure to do so. Effective 8/15/03. Act 1204.
South Carolina HB 3231 - Amends laws governing operation of motor vehicles while intoxicated and authorizes the worker's compensation commission to double fines and penalties for each violation of the workers' compensation laws. Effective 8/19/03. Act 61.
Texas HB 833 - Allows employees to purchase brand-name drugs rather than generic equivalents. Effective 9/1/03. Chapter 468.
Colorado SB 302 - Provides a temporary repeal (through 7/1/05) of the insurance division's authority to require data calls. Effective 5/1/03. Chapter 233.
Kansas SB 133 - Removes the reporting requirement for open claim data. Effective 4/20/03. Chapter 22.
Oregon SB 914 - Requires the Director of the Department of Consumer and Business Services to administer supplemental temporary disability benefits in certain workers' compensation claims and modifies reporting requirements for workers' compensation claims by an insurer and a self-insured employer. Effective 1/1/04. Chapter 760.
Utah SB 126 - Provides rules governing the report of employee injuries and the payment of workers' compensation claims. Effective 5/5/03. Chapter 67.
Arkansas SB 528 - Allows certain self-insurer groups to waive excess insurance requirements. Effective 3/18/03. Act 468.
Mississippi HB 1305 - Makes the Mississippi Workers' Compensation Self-Insurer Guaranty Association the guarantor of the obligations of self-insurers in default. Effective 7/1/03. Chapter 553.
North Carolina SB 471 - Increases the guaranty association assessment and required deposits for self insurers. Various Effective Dates. Chapter 115.
Oregon SB 749 - Allows private community care providers to participate in the workers' compensation self-insurance pool established in 1999. Effective 6/17/03. Chapter 413.
Texas HB 2095 - Allows for workers' compensation group self-insurance. Effective 9/1/03 and 1/1/04. Chapter 275.
Texas SB 1282 - Clarifies what constitutes 'written notice' to a self-insured employer or political subdivision. Effective 9/1/03. Chapter 939.
Arkansas SCR 28 - Requests a study of the impact of exempting sole proprietors and partnerships from liability under workers' compensation laws. Effective 4/7/03.
Montana SB 304 - Appoints a committee to study the feasibility of selling the state compensation insurance fund and the creation of an assigned risk pool. Effective 5/9/03. Chapter 598.
Workers' Compensation Regulatory Authority (Commission/Board)
Kentucky HB 397 - Clarifies that the state Employers' Mutual Insurance Authority does not need to appoint agents. Effective 6/24/03. Chapter 168.
Louisiana HB 282 - Previously, the Louisiana Constitution held that one twelve Workers' Compensation Corporation Board members be a licensed agent. This law narrows the field to a list of three such licensed agents submitted by the board of directors. This law also removes the insurer representative and mandates two board members representing the state. Effective 6/3/03. Act 1294.
Maine HB 17 - Grants the workers' compensation board latitude to extend partial incapacity benefits. Effective 9/12/03. Public Law 52.
Maine SB 135 - Authorized the workers' compensation board to issue rules requiring notice of injury reports be filed electronically. Effective 9/12/03. Public Law 471.
Oregon SB 286 - Establishes requirements for the panels of the workers' compensation board. Effective 1/1/04. Chapter 365.
Texas HB 145 - Establishes judicial enforcement of an order or decision and require written notice to the Workers' Compensation Commission for judicial review. Effective 9/1/03. Chapter 397.
Texas SB 1572 - Authorizes the workers' compensation commission to adopt individual treatment protocols. Effective 6/20/03. Chapter 962.
Virginia HB 2451 (SB1132) - Requires the Workers' Compensation Commission to send a copy of an award or opinion to the parties at issue by priority mail with delivery confirmation or equivalent mailing option immediately after reaching a decision. Effective 7/1/03. Chapter 664.
Omnibus Workers' Compensation Law Changes
Florida 50A - Makes numerous changes to the state's workers' compensation laws including definition changes, exemptions for construction industry, coverage requirements, mental and nervous injuries, workplace safety programs, prohibited activities, fraud reports, departmental enforcement powers, duty of employer to provide medical services, notice of treatment to carriers, independent medical examinations, expert medical advice, audits, reimbursement allowances, payment of medical fees, practice parameters, standards of care, managed care, compensability for disabilities, occupational diseases, death benefits, resolution of benefit disputes, arbitration, mediation, attorney fees, security for compensation, application for coverage, cancellation, training and education benefits, examination and investigation of carriers, delinquency fees, actuarial peer review, joint underwriting plans, unemployment records, and the anti-fraud investigative unit. Various effective dates. Chapter 412.
Montana SB 108 - Makes numerous revisions to the state's workers' compensation laws. Effective 7/1/03. Chapter 193.
Nevada SB 320 - Amends provisions of workers' compensation law pertaining to: evaluation of impairment; subsequent injuries and pre-existing conditions; the payment of accident benefits; and the request of a hearing before a hearing or appeals officer. Effective 6/9/03. Chapter 395.
Tennessee SB 172 - Amends workers' compensation laws governing workers' compensation advisory council, back injuries, statistical data forms, assigned risk multiplier, certificate of self insurance, required notification and loss run history. Effective 6/17/03. Public Chapter 359.
West Virginia SB 2013 - Implements a variety of reforms in an effort to reduce costs and restore balance to the West Virginia workers' compensation system. Effective 7/1/03.
Miscellaneous - Workers' Compensation
California SB 1007 - Expands the definition of common trade or business to include certain manufactured facilities. Effective 1/1/04. Chapter 641.
California AB 1262 - Requires the insurance commissioner to adopt regulations to establish minimum standards for workers' compensation claims adjusters. Effective 1/1/04. Chapter 637.
Colorado HB 1322 - Requires a workers' compensation insurer to attempt settlement prior to a request for hearing. Effective 7/1/03. Chapter 306.
Colorado HB 1372 - Deletes certain exemptions for Pinnacol Assurance. Effective 7/1/03. Chapter 351.
Colorado SB 224 - Continues the Physicians Accreditation Program. Effective 7/1/03. Chapter 121.
Colorado SB 240 - Establishes a selection process for independent medical examiners. Effective 8/5/03. Chapter 259.
Florida SB 782 - Eliminates the sunset of the Workers' Compensation Administration Trust Fund. Effective 11/4/03. Chapter 208.
Kentucky HB 115 - Requires applicants for electrical contractor licenses to verify compliance with workers' compensation laws and to obtain general liability coverage of no less than $500,000. Chapter 119.
Maryland SB 85 - Exempts the Injured Workers' Insurance Fund from the excessive premium growth charge and other penalties tied to premium growth in risk based capital calculations. This exemption terminates on January 1, 2005. Effective 10/1/03. Chapter 60.
Missouri SB 385 - Establishes that when calculating taxes for workers' compensation policies with deductible options, the premiums the taxes are based on are the premiums that have been paid in the absence of the deductible option. Effective 8/28/03.
New Mexico SB 823 - Exempts a fiscal intermediary from liability as an employer for wrongful acts committed by personal care attendants. Effective 6/20/03. Act 207
Nevada AB 294 - Prohibits issuance of benefit checks for permanent total disability that includes restrictive endorsements. Effective 7/1/03. Chapter 23.
North Dakota HB 1149 - Provides that a partner of a limited liability partnership may be held personally liable for failure to pay workers' compensation premiums or file premium reports with the workers' compensation bureau, among other things. Effective 3/12/03.
Oregon HB 3669 - Allows certified nurse practitioners to provide compensable medical services for 90 days from first visit on a workers' compensation claim and to authorize temporary disability benefits for 60 days from first visit on a workers' compensation claim. Effective 1/1/04. Chapter 811.
Texas HB 2198 - Establishes that the first certification of maximum medical improvement and impairment rating assigned to an injured worker would become final if not disputed within a certain time frame. Effective 6/18/03. Chapter 278.
Texas HB 2199 - Provides that workers' compensation insurers do not waive their right to deny compensability by failing to either initiate benefits or dispute the claim. Effective 9/1/03. Chapter 1100.
Texas HB 2323 - Provides procedures for transferring workers' compensation claim when the claim is originally filed in the wrong court. Effective 9/1/03. Chapter 663.
Texas HB 3168 - Provides that a provider's assignment of an impairment rating or of maximum medical improvement becomes final if it is not disputed within 90 days. This Act repeals the FULTON decision. Effective 6/22/03. Chapter 1323.
Texas HB 3378 - Makes the second injury fund a general revenue account. Effective 6/16/03. Chapter 211.
Texas SB 820 - Provides that an employee's first valid certification of maximum medical improvement and first valid assignment of an impairment rating is final if not disputed before the 91st day after notice of the determination is provided to the employee and the carrier. Effective 6/20/03. Chapter 1190.
Texas SB 1804 - Provides that a workers' compensation insurer is liable for health care treatment, treatment plans and pharmaceutical services that are voluntarily preauthorized. Additionally, an insurer is unable to dispute these benefits at a later date. Effective 9/1/03. Chapter 980.
Virginia SB 978 - Requires any rate service organization designated by the Commission to gather, compile, and report experience data for any classification of workers' compensation insurance that includes coal mining. Effective 7/1/03. Chapter 222.
Miscellaneous New Insurance Provisions
California AB 1049 - Prohibits insurers from basing adverse underwriting decisions on an individual's prior inquiry or receipt of information about coverage under residential fire or property policies. Effective 1/1/04. Chapter 442.
Colorado HB 1045 - Increases the criminal penalties tied to selling unauthorized insurance products. Effective 7/1/03. Chapter 105.
Connecticut SB 1112 - Increases recovery limits under the Dram Shop Act and makes it the sole remedy against sellers of alcohol. Effective 5/29/03. Public Act 03-91.
Illinois HB 3547 - Extends existing restrictions on the denial of coverage for victims of abuse. Effective 1/1/04. Public Act 93-200.
Illinois SB 1207 - Modifies the amount of damages payable through arbitration and increases limits related to unreasonable or vexatious delay. Effective 1/1/04. Public Act 93-485.
Louisiana HB 224 - Requires trust companies to be insured. Effective 6/27/03. Act 573.
Louisiana SB 150 - Provides that contingency fee arrangements between insurers and adjusters are contrary to public policy and are null and void. Effective 8/15/03. Act 148.
Mississippi SB 2268 - Eliminates the requirement that insurance agents exhibit on demand their company appointment certificate when soliciting insurance for an insurer. Effective 7/1/03. Chapter 419.
Montana HB 130 - Revises laws governing the timely payment of insurance claims to require insurers pay or deny claims within 30 days after receipt of a proof of loss unless the insurer makes a reasonable request for additional information to evaluate the claim. Effective 10/1/03. Chapter 378.
New Jersey AB 3319 - Provides protection for certain insurance producers where an insurance company is transferring business to another insurance company. Effective 8/15/03. Chapter 153.
New York AB 8021 - Requires wrongful death actions related to the events of 9/11 to be commenced within 2.5 years after death occurred. Effective 7/1/03. Chapter 114.
New York SB 5700 - Extends the provisions of the property casualty availability act to 4/30/04. Effective 6/26/03. Chapter 85.
Oklahoma HB 1273 - Requires that if an insurer pays the total loss of a motor vehicle to a third party claimant, then it must include any registered lien holder as co-payee to the extent of his or her interest and allows the insurance commissioner to approve any form of policy with variations from the standard fire insurance policy. Effective 11/1/03. Chapter 358.
Oregon SB 297 - Requires insurers to pay all sums covered by a general liability policy unaffected by other insurance that may provide coverage for the same environmental claim. Effective 1/1/04. Chapter 799.
Rhode Island HB 6021 and SB 433 - Establishes provisions to govern premium finance agreements. Effective 7/1/03. Public Law 82.
Texas HB 1865 - Allows an insurer to write group property insurance for a group of businesses or for an association that constitutes a large risk. Effective 6/20/03. Chapter 607.
Texas HB 2455 - Sunsets the Texas Department of Insurance and the Office of Public Insurance Counsel on September 1, 2007. Effective 9/1/03. Chapter 1112.
Virginia SB 877 - Establishes that an insurer's failure to pay penalties imposed as a result of late payment of appointment processing fees and renewal appointment fees constitutes nonpayment of the required fees, and that such failure constitutes grounds for termination of the appointment. Effective 7/1/03. Chapter 871.
Washington HB 1150 - Prohibits the issuance or sale of any single premium credit insurance product in connection with a residential mortgage loan unless certain conditions are met. Effective 7/27/03. Chapter 116.
West Virginia HB 2702 - Eliminates the examination assessment fee on risk retention groups and places certain requirements on insurance agents. Effective 6/6/03. Act 130.
Compliance Resources
Legislative and Regulatory Information Service (LARIS)
NAMIC Survey of New State Insurance Laws
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