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NAMIC 2004 Survey of New State Insurance Laws Issue List
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CAPTIVES
Arizona HB 2235
Allows non-profit group insurers to form group and pure captive insurers. Signed by the Governor 4/1/04. Chapter 32, Laws of 2004.
South Carolina HB
Provides for confidentiality of information submitted by Captive insurers and changes other provisions of the laws regulating Captive insurers. (Amends laws governing producer licensure requirements to provide certain individuals with licensing examination exemptions.) Effective 7/29/04. Act No. 291, Laws of 2004.
Utah HB 17
Amends the state's captive insurance companies act by establishing related statutory definitions, insurance commissioner authorities, and regulations specific to special purpose captive insurers, sponsored captive companies, discounting of loss and loss adjustment expenses, incorporation as well as capitalization and reserve level requirements. Effective 5/3/04. Chapter 312, Laws of 2004.
CLUE
Arizona HB 2547
Prohibits insurers from considering as a claim any inquiry by an insured into whether a policy will cover a loss or about the type or level of coverage. Insurers are also prohibited from using the inquiry as a basis for declining, non-renewing or canceling insurance coverage or a binder of coverage. Furthermore, insurers are prohibited from informing an insurance support agency or a consumer reporting agency of the insured's inquiry. Effective 90 days after adjournment. Chapter 149, Laws of 2004.
Colorado HB 1292
Restricts insurers from using certain negative factors in homeowners insurance rating and underwriting. Effective 8/4/04. Chapter 396, Laws of 2004.
Georgia HB 1263
Defines claim against a policy' to mean a contact with an insurer by the insured or an affected third party for the express purpose of seeking payment of proceeds under the terms of a policy of insurance against direct loss to residential real property and its contents. A report of loss or a question relating to coverage would not independently establish a claim against a policy. Effective upon approval by Governor or upon becoming law without such approval.
Maine SB 692 (LD 1853)
Would restrict the conditions under which insurers could refuse to underwrite or renew property insurance policies. Effective 90 days after adjournment of second special session. Public Law 671, Laws of 2004.
North Carolina SB 486
Prohibits insurance companies from terminating a policy based an inquiry about policy provisions or a claim that was closed without payment. Effective 10/1/04. Session Law 111.
Oklahoma HB 2324
Prohibits an insurer from increasing premium rates, canceling a policy, or refusing to issue or renew a policy on the basis of a policyholder inquiring about making a claim, if such policyholder does not in fact submit a claim. Effective 11/1/04. Laws of 2004.
Utah HB 250
Prohibits premium increases for certain claims or inquiries. It also makes numerous technical amendments to the Insurance Code. Effective 5/3/04. Chapter 117, Laws of 2004.
Utah SB 52
Prohibits personal lines insurers from using certain types of losses, and from using certain inquiries, to make adverse eligibility or rate decisions. Effective 5/3/04. Chapter 266, Laws of 2004.
Virginia HB 818
Prohibits an insurer from refusing to renew a homeowners insurance policy solely due to a claim or claims that were incurred more than 60 months before the expiration of the current policy period. Effective 3/31/04. Chapter 300, Laws of 2004.
Wyoming HB 40
Imposes restrictions and requirements upon homeowners' insurers regarding issuance, renewal, and cancellation of policies. Effective 7/1/04. Chapter 57, Laws of 2004.
FAIR PLANS
Louisiana HB 423
Changes from September 30 to December 31 the end of the fiscal year for the Coastal and Fair plans. Effective 5/21/04. Act No. 46, Laws of 2004.
Louisiana HB 752
Deletes farmowners' multiperil insurance from the Louisiana Citizens Property Insurance Corporation. Effective 7/27/04. Act No. 106, Laws of 2004.
Massachusetts HB 4672
Establishes the property insurance underwriting association rating procedure for homeowners insurance for large share territories. Effective 3/22/05. Chapter 436, Laws of 2004.
New York SB 7576
Extends the New York Property Insurance Underwriting Association and certain provisions pertaining to the temporary panel on homeowners insurance coverage. Effective 6/28/04. Chapter 121, Laws of 2004.
Tennessee SB 2668
Directs the insurance commissioner to develop a plan for the creation of a natural disaster property insurance pool to provide residential and commercial coverage for property owners unable to obtain it in the open market due to impacts tied to prior or future natural catastrophic events. Effective 4/5/04. Chapter 470, Laws of 2004.
FINANCIAL REGULATION
Delaware HB 272 (Asset Determination)
Allows insurers to count goodwill as an asset in any determination of the financial condition. Effective 3/30/04. Chapter 214, Laws of 2004.
Florida SB 2488 (Catastrophe Fund)
Amends the law governing the Florida Hurricane Catastrophe Fund. Effective 5/11/04. Chapter 27, Laws of 2004.
Idaho HB 497 (NAIC Accounting Standards)
Requires insurers to use the January 1, 2004, edition of the National Association of Insurance Commissioners' (NAIC) accounting practices and procedures manual, and any subsequent revisions to the manual, in completing financial reports to the Department of Insurance. Effective 7/1/04. Chapter 93, Laws of 2004.
Idaho HB 618 (RBC)
Amends the definition of 'property and casualty insurer' to exclude domestic reciprocal insurers with fewer than seven subscribers that: (1) insure only worker's compensation risk; and (2) only issue fully assessable policies. This exclusion exempts insurers with a very small number of subscribers from the requirement to file reports relating to their risk-based capital (RBC) status each year with the Department of Insurance and the National Association of Insurance Commissioners (NAIC). Effective 7/1/04. Chapter 255, Laws of 2004.
Indiana HB 1150 (Investments)
Allows domestic property and casualty insurers to invest up to 10% of their assets in asset-backed securities. Effective 7/1/04. Public Law 40, Laws of 2004.
Kentucky SB 171 (Insolvency/Liquidation)
Amends the laws governing treatment of credits allowed in the event of the insolvency of a ceding insurer. Effective 90 days after adjournment. Chapter 125, Laws of 2004.
Maryland HB 533 (Impaired Insurer)
Amends the definition of "impaired insurer" as it applies to stock insurers and mutual insurers. An impaired insurer is one whose assets, less all liabilities and required reserves, do not equal or exceed the surplus required to engage in insurance business as a stock insurer or mutual insurer. Effective 10/1/04. Chapter 49, Laws of 2004
Oklahoma SB 1411 (Insolvency/Liquidation)
Changes the definition of insolvent from "net assets exceeding total liabilities" to "total liabilities exceeding total assets". Effective 4/27/04. Chapter 169, Laws of 2004.
Pennsylvania SB 1096 (Investments)
Establishes provisions regarding surplus notes, advances to insurance companies and guidelines for eligible investments. Effective 11/30/04 and 1/14/05. Act 216, Laws of 2004.
South Dakota SB 193 (Investments)
Allows a domestic insurer to invest up to 20% of its assets in general obligation or revenue bonds of any U.S. state or Canadian province not rated by the Securities Valuation Office of the NAIC. The valuation of the investments will be the lesser of the amortized cost or the market value. Effective 7/1/04.
Utah HB 172 (Insolvency/Liquidation)
Modifies the dollar amount for transactions a liquidator may engage in without the permission of the court and make other changes relating to liquidation. Effective 5/3/04.
Washington HB 2817 (Investments)
Establishes that insurer investments in limited liability companies (used to develop real property owned by the insurer) may not exceed the lesser of 4% of its assets or 50% of its surplus over its capital and other liabilities (if a mutual or reciprocal insurer 50% of its surplus over minimum required surplus.) Effective 4/12/04. Chapter 88, Laws of 2004.
West Virginia SB 506 (Banking)
Provides that only a banking institution or a person authorized by the banking commissioner may conduct banking or trust business in West Virginia. Effective 6/8/04.
FIRE INSURANCE
Arizona SB 1242 (Arson)
Holds a person who is convicted of arson liable for the expenses incurred incident to the emergency response and investigation of the underlying offense. Effective 90 days after adjournment. Chapter 103, Laws of 2004.
California AB 2199 (Scope of Coverage)
Provides that the measure of indemnity under an open fire insurance policy that requires payment of the replacement cost is the amount it would cost the insured to repair, rebuild, or replace the damaged property without a deduction for physical depreciation or the policy limit, whichever is less. Effective 8/25/04. Chapter 311, Laws of 2004.
Louisiana SB 540 (Standard Fire Policy)
Provides that the standard fire policy form required by law would not need to be used if the policy forms covering the 'peril of fire' offer the same or more provisions than the standard. Effective 7/20/04. Act No. 34, Laws of 2004.
Massachusetts HB 1879 (Tenant Relocation Expenses)
Amends the definition of relocation expenses for tenants displaced by fire damage. Prevents tenants from receiving security deposit from both landlord and insurance company. Effective 3/22/05. Chapter 435, Laws of 2004.
Mississippi SB 2450 (Scope of Coverage)
Expands the scope of industrial fire coverage to include personal or real losses tied to burglary or theft. Caps the limits of risk for all such industrial fire policies at $20,000. Effective 7/1/04.
Rhode Island HB 7194 (Arson)
Repeals provisions requiring fire insurers to obtain an anti-arson application as a prerequisite to writing a policy. Effective 9/1/05. Public Law 52, Laws of 2004.
Rhode Island SB 2817(Cancellation and Notification)
Increases the number of days to issue written cancellation notice on fire insurance policies from five (5) to thirty (30) days, except for cancellation due to nonpayment of premium for which ten (10) days written notice is required. Prompt refund of excess premium, rather than refund on demand, is also required. Effective 6/23/04. Public Law 138, Laws of 2004.
Rhode Island HB 8430/SB 3057 (Standard Fire Policy)
Amends the commercial deregulation statute to exempt certain commercial special risk policies from standard fire insurance policy requirements. Effective 7/6/04.
Virginia HB 609 (Flood Damage)
Requires that any insurer issuing fire insurance policies that exclude coverage for flood damage to provide written notification to that effect along with additional information sources about flood insurance as well as an advisory that contents coverage may be available through a flood policy issued for an additional premium. Effective 3/31/04. Chapter 288, Laws of 2004.
FRAUD
California AB 2866
Requires the Department of Insurance to post on its Internet Web site information relating to any case and defendant convicted of a violation of any insurance fraud provisions involving workers' compensation insurance, services or benefits. Effective 1/1/05. Chapter 281, Laws of 2004.
California SB 1344
Adds workers' compensation insurance fraud investigations conducted by peace officers in the office of internal affairs of the department of corrections to investigations exempt from provisions regarding the disclosure of records. Effective 1/1/05.
Louisiana HB 350
Changes the termination date of insurance fraud investigation unit from 2004 to 2008.
Maryland SB 639
Requires the Insurance Fraud Division of the Maryland Insurance Administration to notify the Workers' Compensation Commission of certain suspected cases of insurance fraud involving workers' compensation benefits or related expenses. Effective 10/1/04. Chapter 471, Laws of 2004.
Massachusetts Chapter 464
Establishes tougher penalties for injury claims fraud as well as tighter licensing and enforcement standards for certain health care workers. Approved 1/3/05.
Minnesota HB 2640
Creates a Division of Insurance Fraud Prevention and requires each insurer to pay an assessment to fund the insurance fraud prevention account. Effective 5/30/04. Chapter 269, Laws of 2004.
Utah HB 171
Amends and revises insurance code provisions pertaining to fraud by changing certain definitions, prohibiting individuals from acting as runners, clarifies treatment of certain nonlapsing funds, establishes civil penalties and addresses criminal conduct, requires disclosure of fraud tied to title insurance, and makes numerous technical changes. Effective 5/3/04.
West Virginia HB 4004
Establishes a fraud unit in the office of the Insurance Commissioner as well as an alternative for nonrenewal of auto policies. Effective 6/11/04.
GUARANTY FUND
Alaska SB 276
Increases assessments on member insurers, self-insured employers and joint insurance arrangements to make up for deficiencies in the Alaska Insurance Guaranty Association. Effective 6/16/04 (Section 2, effective 7/1/10). Chapter 61, Laws of 2004.
Florida HB 639
Revises the definition of a covered claim for the state's insurance guaranty association and the workers' compensation insurance guaranty association to exclude claims rejected in another state due to the insured's net worth being greater than what is allowable under the other state's guaranty fund. Effective upon Governor's approval on 5/21/04. Chapter Law 2004-89, Laws of 2004.
Idaho HB 512
Allows a member of the Idaho Insurance Guaranty Association to offset the assessment imposed for its obligation to the association against its premium tax liability. Effective 3/23/04. Chapter 241, Laws of 2004.
Louisiana HB 1051
Requires, in personal injury or death suits resulting from asbestos exposure or environmental pollutants, claimants to first exhaust all available insurance prior to recovery against the association, even if an insolvent insurer provided the only coverage for one or more policy periods of the alleged exposure, and to satisfy proper personal jurisdiction. Effective 7/27/04. Act No. 108, Laws of 2004.
Louisiana HB 1052
Provides for recovery of costs incurred by the insurance guaranty association in defense of a claim. Effective 7/27/04. Act No. 109, Laws of 2004.
New Hampshire SB 367
Establishes the New Hampshire Guaranty Association Act. Effective 8/7/04. Chapter 197, Laws of 2004.
New Jersey (Property/Liability) SB 702
Makes revisions to the state's Property Liability Insurance Guaranty Association Act, many of which bring it closer to the provisions of the National Association of Insurance Commissioner's Post-Assessment Property and Liability Insurance Guaranty Association Model Act. Effective 12/22/04. Chapter 175, Laws of 2004.
New Jersey SB 1581 (Surplus Lines)
Makes various revisions to the state's Surplus Lines Insurance Guaranty Fund Act many of which bring it closer to the provisions of the National Association of Insurance Commissioner's Post-Assessment Property and Liability Insurance Guaranty Association Model Act. Effective 10/7/04. Chapter 165, Laws of 2004.
South Dakota HB 1211
Allows the South Dakota Insurance Guaranty Association to transfer claims handling and financial responsibility for a covered claim to an insured whose net worth is more than $50 million. Effective 7/1/04.
Washington SB 6158
Directs the insurance commissioner to study the impact of covering commercially purchased workers' compensation policies under the state guarantee fund. Effective 4/15/04. Chapter 164, Laws of 2004.
Wisconsin SB 320
Amends provisions governing the security (guaranty) fund, making them more uniform with those of other states and facilitating the administration of liquidations involving national insurers. Effective 4/30/04.
INSURANCE SCORING
Colorado HB 1236
Requires insurers to provide notices to applicants for homeowners insurance, requires underwriting guidelines to be filed, and prohibits cancellation or nonrenewal on the basis of inquiries made about coverage. Effective 1/1/05. Chapter 398, Laws of 2004.
Iowa SB 2257
Adopts language similar to the NCOIL model relative to the use of credit information by property and casualty insurers for underwriting or rating purposes. Effective 7/1/04.
Maryland SB 101
Repeals the sunset provision in a law allowing the use of credit history in issuing private passenger motor vehicle insurance policies. Effective 10/1/04. Chapter 91, Laws of 2004.
New York SB 5618
Regulates the use of credit information by personal lines insurers based on the model law developed by the National Conference of Insurance Legislators (NCOIL). Effective 4/23/05. Chapter 215, Laws of 2004.
Tennessee SB 2259
Establishes "sole basis" and other restrictions on the use of credit information by personal lines insurers. Effective 1/1/05. Chapter 527, Laws of 2004.
Washington HB 2727
Requires all personal lines insurers that use credit history or insurance scores to determine personal insurance rates, premiums, or eligibility for coverage to file all rates and rating plans with the commissioner of insurance. Effective 4/12/04. Chapter 86, Laws of 2004.
West Virginia HCR 31
Requesting the Joint Committee on Government and Finance to study the use of credit scoring to be used as a factor in determining the amount of a premium charged for issuance of an insurance policy.
LICENSURE
Arizona HB 2232
Amends various sections of Arizona law pertaining to producer licensing standards. Effective 90 days after adjournment and 12/31/04. Chapter 162, Laws of 2004.
Indiana HB 1005
Exempts certain individuals from insurance producer licensure and establishes education requirements for title insurance producers. Effective 7/1/04. Public Law 64, Laws of 2004.
Oklahoma HB 2385
Makes nonsubstantive changes to insurance related statutes, and decreases the insurance producer licensing exam retest time from 6 months to 30 days. Effective 5/10/04. Chapter 274, Laws of 2004.
Rhode Island SB 2688
Abrogates statutory pre-licensing requirements for property, casualty, and other insurance producers. Those requirements are replaced with a general provision allowing the insurance commissioner to promulgate reasonable rules and regulations for insurance producer licensing in accordance with Rhode Island law. Effective 6/9/04. Public Law 43, Laws of 2004.
South Dakota SB 35
Prohibits an insurer from paying or assigning a commission, service fee or brokerage fee for a referral to any person not licensed as an insurance producer. Effective 7/1/04.
Utah HB 21
Modifies the state insurance code related to insurer licensing by making changes to statutory definitions, initial and renewal application requirements, and cross-references. Repeals certain reporting requirements for appointments and for agency designations, requires producers to have experience with P/C to be eligible to add surplus lines, modifies record retention requirements, establishes privacy of certain records. Effective 5/3/04.
Utah HB 187
Requires providers of viatical settlements to file a license application and pay related fees. Effective 5/3/04. Chapter 106, Laws of 2004.
West Virginia HB 4303
Repeals the requirement that insurance contracts be "countersigned" by a licensed resident agent of the insurer. Effective 7/1/04.
Wyoming HB 58
Amends provisions relating to insurance producer licensing, including changes to fee standards and levels, appointment processes and continuing education requirements. Effective 71/04. Chapter 7, Laws of 2004.
MISCELLANEOUS NEW INSURANCE PROVISIONS
California SB 1855 (Disclosure)
Requires insurers to include additional information about the insured property on the declarations page and include with the disclosure statement a copy of the California Residential Property Insurance Bill of Rights. Effective 1/1/05. Chapter 385, Laws of 2004.
California AB 2490 (Surplus Lines)
Allows, until January 1, 2008, non-admitted insurers and surplus lines brokers selling personal lines insurance to immediately bind coverage for homeowners' insurance in the same way as non-admitted insurers and surplus lines brokers may currently do for commercial lines. Effective 1/1/05. Chapter 95, Laws of 2004.
Idaho HB 499 (Incorporation Requirements - Bylaws)
Allows domestic stock insurers to amend their bylaws for any lawful purpose. Effective 7/1/04. Chapter 239, Laws of 2004.
Idaho HB 491 (Incorporation Requirements - Certificate of Authority)
Allows an insurer's certificate of authority to be suspended for an additional period upon expiration of the first suspension period. Effective 7/1/04. Chapter 88, Laws of 2004.
Idaho HB 492
Requires an insurer applying for an Idaho certificate of authority to submit 3 copies of its corporate charter, articles of incorporation or other charter documents and 3 copies of its bylaws to the department of insurance. Foreign insurers must submit only one copy of each. Effective 7/1/04. Chapter 89, Laws of 2004.
Idaho HB 493
Allows insurers to maintain the deposits required to obtain a certificate of authority to transact insurance in Idaho either in the insurer's state of domicile or in Idaho. This law also repeals the requirement that workers' compensation insurers maintain a special $25,000 deposit with the Idaho State Treasurer. Effective 7/1/04. Chapter 90, Laws of 2004.
Idaho HB 494 (Deceptive Practices - Company Name)
Prohibits an insurer from using a name deceptively similar to another insurer authorized to do business in Idaho or allowed to transact insurance in Idaho. This includes surplus lines insurers. Effective 7/1/04. Chapter 91, Laws of 2004.
Idaho HB 490 (Surplus Lines)
Requires surplus lines insurers to notify the director of the Department of Insurance of any change to the name of the insurer, its physical or mailing address, or its state of domicile, within 60 days of the change. Effective 7/1/04. Chapter 86, Laws of 2004.
Idaho HB 481 (Organizational Structure - Mutual Holding Companies)
Clarifies the use of tax deductions for dividends and distributions issued to holding companies by stock insurance subsidiaries. Effective 3/10/04, but Retroactively Applicable to 1/1/04. Chapter 30, Laws of 2004.
Idaho HB 487 (NAIC Filing Requirements - Reinsurance)
Deletes a provision of law that requires insurers to file reports regarding material acquisitions and dispositions of assets, or material nonrenewals, cancellations or revisions of ceded reinsurance agreements with the National Association of Insurance Commissioners (NAIC). Effective 7/1/04. Chapter 310, Laws of 2004.
Iowa HB 2318 (Allowable Contributions)
Broadens current law to allow any insurance company, savings and loan association, bank, credit union or corporation to make, solicit, or receive contributions used for certain non-candidate types of activity. Effective 7/1/04.
Maine SB 692 (Cancellation)
Amends the law governing the conditions under which personal lines insurers may cancel personal lines property insurance policies. The Act also authorizes the establishment of a mandatory property and casualty insurance market assistance program. Effective 8/5/04. Public Law 671.
Massachusetts HB 4808 (Group Marketing Plans)
Amends provisions regarding approval of group marketing plans for motor vehicle and homeowners insurance. Effective 12/22/04. Chapter 442, Laws of 2004.
Massachusetts HB 1881 (Liquor Liability)
Addresses current authority dealing with the Joint Underwriting Association's issuance of insurance policies with respect to liquor legal liability. The Act changes the coverage limits from "limits specified in the plan of operation, but not to exceed five hundred thousand dollars for each claimant under one policy and one million dollars for all claimants under one cause of action" to "limits as approved by the Commissioner of Insurance." Effective 10/6/04. Chapter 166, Laws of 2004.
Mississippi HB 1517 (Asbestos Claims)
Specifies that the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the corporation from which successor asbestos-related liabilities are or were assumed or incurred as of the time of the merger or consolidation. Effective 4/20/04.
Nebraska L 845 (Regulations for Specific Lines)
Provides that if the real estate commission cannot obtain errors and omissions insurance to cover all licensees who choose to participate in the group program at a reasonable premium not to exceed $500, the errors and omissions insurance requirement does not apply during the year for which coverage cannot be obtained. Effective 7/15/04.
New Hampshire SB 368 (Regulations for Specific Lines)
Amends current reinsurance law to conform to the National Association of Insurance Commissioner's (NAIC) credit for reinsurance model law. Effective 8/1/04. Chapter 186, Laws of 2004.
New York SB 6546 (Involuntary Unemployment Insurance)
Defines involuntary unemployment insurance and includes it as a line authorized for sale by licensed P/C insurers in New York. Effective 9/9/04. Chapter 326, Laws of 2004.
New York SB 6679 (Financial Guaranty Insurance)
Amends financial guaranty insurance laws to add provisions for credit default swaps. Effective 10/19/04. Chapter 605, Laws of 2004.
Ohio SB 187 (Medical Malpractice Requirements)
Establishes 60 day notification requirements for cancellation or rate increases and 120 days notice to the department of insurance for companies intending to stop medical malpractice coverage of a specialty or geographic area. Effective 9/13/04.
Ohio HB 301 (Mutual Insurance Company Property Liens)
Limits the duration of mutual insurance company's liens on property it insures to five years from the date of filing. Effective 7/14/04.
Pennsylvania HB 1929 (Manufactured Housing)
Establishes provisions governing the installation of manufactured housing, including building and constructioni code compliance. Effective 11/29/04. Act 158, Laws of 2004
Utah SB 14 (Insurance Code Exemptions)
Provides an exemption from the insurance code for death, accident, health, and disability benefits provided by certain tax exempt organizations tax who have had their principal place of business in Utah for at least five years. Effective 5/3/04. Chapter 225, Laws of 2004.
Utah SB 162 (Interstate Insurance Product Regulation)
Establishes the Interstate Insurance Product Regulation Compact to govern interstate insurance products. Effective 5/3/04. Chapter 234, Laws of 2004.
Virginia HB 1007 (Exclusions - Homeowners)
Allows insurers to exclude liability for dangerous animals and attractive nuisances. Effective 4/12/04. Chapter 751, Laws of 2004.
Virginia HB 221 (P/C Specific Regulatory Requirements)
Clarifies the definition of miscellaneous casualty insurance as coverage against liability, loss, damage or expense arising from an injury to someone's economic interests. Effective 3/19/04. Chapter 182, Laws of 2004.
Virginia HJR 228 (Regulations for Specific Lines - Farmer's Insurance)
Recongnizes the need for and encourages the purchase of adjusted gross revenue insurance for farmers. Effective 3/10/04.
Virginia HB 153 (Regulations for Specific Lines - Landlord/Tenant Coverage)
Allows a landlord to name a tenant a "co-insured" on the landlord's property and casualty insurance and further clarifies damage insurance and renters insurance as well as landlord limitations related thereto. Effective 3/15/04. Chapter 123, Laws of 2004.
Washington HB 2364 (Cancellation and Nonrenewal)
Prohibits licensed homeowners insurers from denying, canceling, refusing to renew, or modifying an existing policy because the applicant or insured is a foster parent. Effective 4/12/04. Chapter 84, Laws of 2004.
West Virginia SCR 65 (P/C Specific Regulatory Requirements)
Requesting the Joint Committee on Government and Finance study the availability and affordability of commercial property and casualty insurance.
MOTOR VEHICLE INSURANCE
Alaska HB 213 (Traffic Safety - Graduated Drivers License)
Provides criteria for the issuance of provisional drivers licenses to young drivers between the ages of 16-18 and sets forth related restrictions and prohibitions on the use of such licenses. Effective 1/1/05 - Effective 1/1/05. Chapter 165, Laws of 2004.
Alaska HB 336 (UI/UIM - Limits on Damages)
Limit the recovery of damages for noneconomic losses resulting from operating a motor vehicle while uninsured. Effective 10/24/04. Chapter 172, Laws of 2004.
Arizona SB 1241 (Miscellaneous New Motor Vehicle Provisions)
Coverage Factors - Definition of Accident
Provides an amended definition of 'accident' for automobile insurance purposes and would provide rules governing choice of vendor and the recognition of assignments. Effective 90 days after adjournment. Chapter 226, Laws of 2004. Effective 90 days after adjournment. Chapter 226, Laws of 2004.
Arizona HB 2628 (Traffic Safety - DUI)
Allows the Arizona Department of Transportation Motor Vehicle Division (Department) to suspend a person's driver license for twelve months if the Department receives a report from an entity that installs or maintains ignition interlock devices (IIDs) that a person under an interlock requirement has tampered with, or circumvented the IID. Signed by the Governor 4/16/04. Chapter 97, Laws of 2004.
Colorado HB 1062 (Abandoned/Salvage Vehicles)
Sets forth procedures for handling an abandoned motor vehicle, applicable to vehicles with appraised value of $2,000 or less. Effective 8/4/04.
Colorado HB 1008 (Miscellaneous New Motor Vehicle Insurance Provisions)
Assignment of Benefits
Permits a motor vehicle insurance policyholder to assign, in writing, payments due under the policy to a licensed hospital or health care provider for services rendered to the insured that are covered under the policy. Effective 4/5/04. Chapter 72, Laws of 2004.
Colorado SB 26 (Cancellation, Denial, and Nonrenewal)
Increases the time period in which the insurance commissioner must hold a hearing regarding a policyholder's protest of motor vehicle insurance cancellation from 30 to 45 days. Effective 7/1/04. Chapter 26, Laws of 2004.
Colorado SB 21 (Coverage Factors - Domestic Accident Coverage)
Requires motor vehicle collision insurance coverage to apply to an accident occurring within the U.S. or its territories or possessions and eliminates the requirement that coverage apply to accidents occurring within the Canadian provinces. Effective 1/5/04. Chapter 21, Laws of 2004.
Colorado HB 1232 (Coverage Factors - Optional/Enhanced Coverage)
Prevents an insurer offering motor vehicle coverage from automatically adding optional or enhanced coverages to a policy without the express consent of the insured. Effective 4/13/04. Chapter 151, Laws of 2004.
Colorado HB 1026 (Medical Payments)
Requires an insurer who offers med-pay coverage to offer a $5000 limit as one of its available options. Effective 7/1/04. Chapter 134, Laws of 2004.
Colorado HB 1114
Prohibits an auto insurer from reimbursing health care providers at different rates for the same services as well as precludes retroactive reimbursement adjustments after twelve months. Effective 1/1/05.
Colorado HB 1042 (Proof of Coverage)
Requires a motor vehicle registrant to demonstate proof of motor vehicle insurance at the time of registration. Effective 2/20/04. Chapter 5, Laws of 2004.
Colorado HB 1193
Increases the fines for operating a motor vehicle on a public highway without proof of insurance. Effective 5/20/04. Chapter 237, Laws of 2004.
Delaware HB 22 (Traffic Safety - DUI)
Revises sentencing guidelines driving-under-the-influence offenses and modifies conditions under which driver's licenses may be suspended and reinstated relative to those offenses. Effective 6/29/04. Chapter 285, Laws of 2004.
Delaware HB 111
Revises provisions addressing blood- and breath-alcohol levels related to driving-under-the-influence. Effective 7/12/04. Chapter 333, Laws of 2004.
Delaware HB 43 (Traffic Safety - Seat Belt Enforcement)
Stipulates that any occupant 16 years or older is required to wear a seatbelt, but failure to do so by more than one person in the same vehicle at the same time is not treated as a separate offense. Effective 6/30/04. Chapter 90, Laws of 2004.
Georgia HB 217 (Traffic Safety - Child Safety Seats)
Raises to seven years the age at which a child is no longer required to be seated in a special child restraint while in a motor vehicle. Sent to Governor 4/16/04.
Georgia HB 1499 (Miscellaneous New Motor Vehicle Insurance Provisions)
Pre-payment of Motor Vehicle Premiums
Lowers the mandatory period of pre-payment of motor vehicle insurance premiums to 30 days. If enacted, effective 7/1/04.
Illinois SB 2238 (UI/UIM)
Amends uninsured and underinsured motorist laws by allowing insureds to reject additional uninsured motorist coverage in excess of state law by making a written request for limits that are less than bodily injury liability limits or by rejecting in writing limits that are greater than what the law calls for. And, by eliminating a provision specifying the maximum payable by the underinsured carrier may not exceed the amount by which the limits of the underinsured coverage exceeds the limits of bodily injury liability coverage insurance of the owner of the underinsured motor vehicle. Effective 7/16/04. Act 93-762, Laws of 2004.
Indiana HB 1098 (Traffic Safety - Child Safety Seats)
Amends provisions regarding child restraint systems in motor vehicles. Effective 7/1/04. Public Laws 67, Laws of 2004.
Indiana HB 1264 (Traffic Safety - DUI)
Amends provisions regarding ignition interlock devices. Effective 7/1/04. Public Law 76, Laws of 2004.
Indiana HB 1394
Classifies various offenses of driving while intoxicated and causing death. Effective 7/1/04. Public Law 82, Laws of 2004.
Iowa SB 2253 (Miscellaneous New Motor Vehicle Insurance Provisions - Disclosure)
Amends disclosure requirements relative to the transfer of ownership of a motor vehicle. Effective 7/1/04.
Kansas HB 2545 (Proof of Coverage)
Authorizes the commissioner to require, by rules or regulation, all motor vehicle liability insurers to provide electronic verification of insurance. Effective upon statutory publication. Chapter 128, Laws of 2004.
Kansas HB 2563 (Miscellaneous New Motor Vehicle Insurance Provisions - Accident Reporting)
Increases, from $500 to $1000, the minimum apparent financial damage to person or property in a motor vehicle accident which requires a person to give notice of such accident, for all accidents occurring on and after January 1, 2005. Effective upon statutory publication. Chapter 133, Laws of 2004.
Kentucky HB 29 (Proof of Coverage)
Requires every insurance company that writes liability insurance on personal motor vehicles in Kentucky to send to the Department of Vehicle Regulation, on a monthly basis, a list of the vehicle identification numbers of each personal motor vehicle covered by liability insurance issued by the insurer as of the last day of the preceding month and the name of each personal motor vehicle insurance policyholder.
Michigan HB 4127 (Repair Claims/Shops)
Prohibits insurers from unreasonably restricting an insured from using a particular auto or auto glass repair shop. Effective 7/8/04. Public Act No. 190, Laws of 2004.
Missouri SB 1233 (Salvage)
Amends provisions regarding salvage vehicles, towing companies and commercial driver licenses, and regulate the sale of motor vehicle extended service contracts.
Nebraska L 227 (Traffic Safety - Seatbelt Enforcement)
Requires all children between six and 18 years of age to wear a seat belt that meets Federal Motor Vehicle Safety Standards as of January 1, 2004. Effective 7/15/04.
Nebraska L 911 (Proof of Coverage)
Allows for the electronic transmission of a certificate of proof of financial responsibility. Effective 3/19/04.
New Hampshire SB 371 (Cancellation, Nonrenewal and Denial)
Provides changes to laws governing denial of coverage, pre-existing conditions, and physician licensure standards for medical reviews. Effective 8/1/04. Chapter 187, Laws of 2004.
New Jersey AB 1630 (Traffic Safety - DUI)
Requires prosecutors to determine whether persons charged with drunk driving or refusal to consent to breathalyzer tests are repeat offenders. Effective 10/1/04. Chapter 95, Laws of 2004.
New Jersey AB 2259 (Traffic Safety - DUI)
Clarifies and revises drunk driving penalties and fines. Effective 4/26/04. Chapter 8, Laws of 2004.
New Jersey AB 3109 (Traffic Safety - Unsafe Driver Surcharge)
Revises the surcharge provisions for unsafe driving by increasing the surcharge from $100 to $150 for drivers with six or more penalty points over the past three years. Effective 6/30/04. Chapter 70, Laws of 2004.
New Jersey AB 3114 (Traffic Safety - Unsafe Driving Surcharge)
Requires courts to assess persons found guilty of unsafe driving offenses a surcharge of $250. Effective 7/1/04. Chapter 69, Laws of 2004.
New Jersey SB 1511 (Recreational Vehicles - DUI Boating)
Revises drunk boating laws to conform to new standards and to impose sanctions consistent with such law. Effective 7/2/04. Chapter 80, Laws of 2004.
New Mexico SB 144 (Traffic Safety - DUI)
Lowers the DWI threshold and increases mandatory penalties upon conviction for commercial drivers. Effective 3/2/04. Chapter 42, Laws of 2004.
New York SB 5120 (Insurance Verification Requirements)
Establishes insurer verification responsibilities with the Department of Motor Vehicles. Effective 7/20/04. Chapter No. 161, Laws of 2004.
New York AB 996 (Traffic Safety - Child Safety Seats)
Provides that both back seat and front seat passengers ages four to seven years old must be restrained in appropriate child restraint systems specially designed to meet federal motor vehicle safety standards. Back seat passengers between the ages eight to sixteen, must be restrained in a safety belt approved by the Commissioner. Effective 3/25/04. Chapter 409, Laws of 2004.
Ohio HB 139 (Proof of Coverage)
Specifies that policies under the Financial Responsibility Law remain subject to their terms and conditions. Effective 2/12/04. Session Law 36, Laws of 2004.
Ohio HB 230 (Salvage Vehicles)
Modifies requirements relative to salvage certificates of title and revises other motor vehicle provisions. Effective 9/16/04. Session Law 106, Laws of 2004.
Oklahoma HB 2668 (Cancellation and Nonrenewal)
Prohibits a motor vehicle insurer from canceling, refusing to issue or renew, or charging a higher premium for any liability or collision insurance policy on the basis that the insurer had lower liability limits with a previous insurer without actuarial justification, including using prior limits for company or tier placement unless the insurer provides actuarial justification. Effective 11/1/04. Chapter 96, Laws of 2004.
Oklahoma HB 2549 (UI/UIM)
Expands the class of policies to which uninsured motorist coverage does not apply to include any other commercial automobile liability policy where the named insured has employees. Effective 11/1/04. Chapter 267, Laws of 2004.
Pennsylvania HB 873 (Traffic Safety - Careless Driving and School Zone Speed Limits)
Establishes new provisions relative to penalties for careless driving and school zone infractions. Effective 2/6/05. Act 237, Laws of 2004.
Pennsylvania HB 1130 (Traffic Safety - Child Safety Seats)
Reduces the number of days that a person must hold a learner's permit before they can obtain a commercial driver's license and modifies child booster seat provisions. Effective 9/13/04. Act 75, Laws of 2004.
Pennsylvania HB 2396 (Traffic Safety - DUI)
Makes driving under the influence or drugs or alcohol a criminal and personal injury crime and revises timeframe upon which claims based on related injuries may be filed. Effective 1/18/05. Act 103, Laws of 2004.
Pennsylvania SB 133 (Traffic Safety - DUI)
Revises penalties related to driving under the influence of drugs and alcohol. Effective 11/29/04. Act 177, Laws of 2004.
Rhode Island SB 2106 (Miscellaneous New Motor Vehicle Insurance Provisions)
Rental Coverage
Requires that rental vehicle coverage be provided under the property damage liability section of an insured's private passenger automobile insurance policy. This coverage applies to rented motor vehicles under ten thousand (10,000) lbs, without regard to negligence, for up to a forty-five (45) day consecutive period. Effective 6/11/04. Public Law 59, Laws of 2004.
Rhode Island HB 7710 (Miscellaneous New Motor Vehicle Insurance Provisions - Vehicle Owner Liability)
Amends applicability provisions and repeals the sunset provisions of the general motor vehicle laws that relate to the liability of a vehicle owner for others' safety responsibility violations. Effective 6/30/04. Public Law 219, Laws of 2004.
Rhode Island HB 8237 (Proof of Coverage)
Requires that any proof of insurance state the insured's right to choose any qualified auto repair facility and would provide a complaint procedure through the Department of Business Regulation for alleged violations of the provision. Effective 7/7/04. Public Law 488, Laws of 2004.
South Dakota SB 25 (Cancellation/Nonrenewal)
Allows an automobile insurance policy that has been in effect for less than 60 days to be cancelled for any reason if notice is given within 60 days of the policy effective date. Effective 7/1/04.
South Dakota HB 1275 (Traffic Safety - DUI)
Requires a driver involved in an accident resulting in serious bodily injury to submit to chemical testing of blood, breath or other bodily substance. Effective 7/1/04.
Tennessee HB 2601 (Proof of Coverage)
Requires motor vehicle reports to include evidence of compliance with financial responsibility requirements by individuals and vehicles involved in accidents. Effective 5/24/04. Chapter 757, Laws of 2004.
Utah HB 325 (Miscellaneous New Motor Vehicle Insurance Provisions)
PIP
Prohibits insurers issuing motor vehicle insurance policies that cover an at-fault driver from reducing compensation based on an injured party's failure to maintain a policy of insurance that provides personal injury protection (PIP) coverage. Effective 5/3/04. Chapter 126, Laws of 2004.
Utah SB 20 (Traffic Safety - DUI)
Amends the state motor vehicle code and code of criminal procedure to address DUI standards. Establishes specific plea bargain standards as well as a requirement that persons convicted of DUI may be required to undergo mental health assessment to ascertain whether substance abuse treatment is needed. Effective 5/3/04. Chapter 228, Laws of 2004.
Utah SB 225 (UI/UIM)
Prohibits interpolicy stacking in uninsured (UM) and underinsured (UIM) motorist insurance. Effective 5/3/04. Chapter 304, Laws of 2004.
Vermont SB 25 (Traffic Safety - Child Safety Seats)
Amends age and weight criteria for the use of child safety seat restraint systems. Effective 1/1/04. Act No. 28, Laws of 2004.
Washington HB 2908 (Salvage)
Provides rules to govern the registration and inspection of salvage vehicles. Effective 4/15/04. Chapter 188, Laws of 2004.
Washington HB 2987 (UI/UIM)
Requires insurers writing motorcycle insurance to provide information to prospective insureds about underinsured coverage. Effective 4/12/04. Chapter 90, Laws of 2004.
West Virginia SB 166 (Traffic Safety - DUI)
Reduces BAC level at which a driver is guilty of Driving Under the Influence and related offenses from .10% to .08%. The offenses also cover operation of a motor boat, jet ski or other motorized vessel. Additional fees are imposed to defray administrative expenses. Effective 5/5/04.
MOLD
Oklahoma HB 2554
Prevents any one person from performing both mold assessment and mold remediation on the same property unless the total cost of services is less than $200. Effective 7/1/04. Laws of 2004.
Rhode Island SB 2772
Extends the reporting date of the Special Senate Commission to study the health effects of toxic mold and to make recommendations for related public safety measures to be undertaken. Effective 3/24/04. Resolution 145, Laws of 2004.
South Carolina SB 949
Specifies that no cause of action may be brought against a real estate licensee acting as a seller's or buyer's agent, or advising an individual outside an agency relationship, who has truthfully disclosed to the seller, buyer or customer, respectively, any known material defects. Effective 1/1/05. Act 218, Laws of 2004.
Virginia HB 824
Requires landlord disclosure to prospective tenants about visible evidence of mold in a dwelling. If the landlord reports no evidence of mold, and the tenant finds otherwise, the tenant can object in writing within five days. If the landlord reports visible evidence of mold, the tenant has the option of terminating the tenancy or accepting the unit in an 'as is' condition. Effective 3/29/04. Chapter 226, Laws of 2004.
OMNIBUS INSURANCE LAW PROVISIONS
Alaska SB 357
Amends provisions pertaining to, among other things, workers' compensation, fraud, licensure standards, electronic transactions and surplus lines. Effective 7/1/04 (Section 18 effective 7/1/05). Chapter 96, Laws of 2004.
Kansas HB 2597
Amends and enacts various insurance laws pertaining to errors and omissions, licensing, surety contracts, foreign language policies and title insurance. Effective upon statutory publication. Laws of 2004.
Kentucky SB 177
Amends the laws governing financial statements; assets and liabilities; reserves; fire loss reporting; and, transfer of domicile. Effective 90 days after adjournment. Act 24, Laws of Kentucky.
Missouri SB 1299
Amends the Property and Casualty Insurance Guaranty Association Act, provide that an automobile insurance policy with no fixed expiration date would be considered a six-month policy, repeal the bond requirement for a surplus lines license, and raise the liability limit on residential insurance policies issued under the FAIR plan from $100,000 to $200,000. Effective 8/28/04.
Oklahoma HB 2141
Amends provisions pertinent to the above referenced insurer groups. Effective 5/25/04. Chapter 334, Laws of 2004.
Utah HB 245
Amends provisions of law pertaining to: definitions used in the Insurance Code; annual reports and record-keeping by the commissioner of insurance; annual statements; acquisitions and mergers; use of social security numbers; and trust obligations for funds collected by an insurer. Effective 3/10/04. Chapter 2, Laws of 2004.
PREMIUM TAX
Colorado HB 1206 (Credits)
Creates an insurance premium tax credit for contributions to CoverColorado by an insurance company. Effective 3/4/04. Chapter 12, Laws of 2004.
Colorado SB 106
Creates venture capital premium tax credits, with a total value of $100 million to be taken by insurance companies at a rate of up to $10 million per year for calendar years 2005 to 2014. The premium tax credit allowed to certified investors who invest in certified capital companies on or after January 1, 2004, is repealed. Effective 3/4/04. Chapter 11, Laws of 2004.
Florida HB 251 (Local Taxing Jurisdiction)
Directs the Department of Revenue to create a database that designates the local taxing jurisdiction in which each street address and address range in Florida is located and the appropriate code for each such participating local taxing jurisdiction. Effective 7/1/04. Chapter 2004-82, Laws of 2004.
Idaho HB 724
Reduces the premium tax rate from 2.75% to 1.5% over a six-year period. Effective 7/1/04. Chapter 356, Laws of 2004.
Kansas SB 312 (Fire Marshal Levy)
Limits the state fire marshal levies to less than .80% for calendar year 2004 and subsequent years and require insurance companies to contribute to the fire service training program. Effective upon statutory publication. Chapter 49, Laws of 2004.
Kentucky HB 19
Specifies that premium-based license fees or taxes imposed by local governments do not apply to premiums paid to insurers of municipal bonds, leases, or other debt instruments issued by or on behalf of a city, county, charter county government, urban-county government, consolidated local government, special district, nonprofit corporation, or other political subdivision of Kentucky. Effective 90 days after adjournment.
New Jersey AB 3111 (Credits)
Creates incentives for business relocation and retention including insurance premium tax credits. Effective 6/30/04. Chapter 65, Laws of 2004.
South Carolina SB 516 (Credits)
Amends the definition of 'new job' as it relates to the job tax credit allowed against premium tax obligations and amends the law governing paid-in capital surplus. Various Effective Dates - please refer to the complete text. Act 168, Laws of 2004.
South Dakota SB 39 (Credits)
Modifies the definition of 'regional home office' and requires an insurer that qualifies for a regional home office premium tax credit to maintain complete records in that office. Effective 7/1/04.
RATE REGULATION
Colorado SB 116
Mandates that workers' compensation insurance and medical benefit rates to take effect on December 1 and applications would need to be filed by August 1. Effective 8/4/04. Chapter 124, Laws of 2004.
Delaware HCR 40 (Auto)
Urges auto insurers to recognize the success of the state's driver education programs in lowering teen accident rates by reducing premiums. Effective 3/31/04.
Louisiana HB 1514
Would vest exclusive authority with the office of property and casualty to accept, review, and approve any application for insurance rates or rate changes for all lines of commercial property and casualty insurance. Effective 1/1/05. Act No. 878, Laws of 2004.
Massachusetts HB 1700
Mandates that statutory requirements for the regulation of policy forms and the filing and approval of rates do not apply to insurance contracts for large commercial policyholders. Effective 9/24/04. Chapter 435, Laws of 2004.
Massachusetts HB 4675
Regulates the setting of private passenger automobile insurance rates. Effective 10/26/04. Chapter 213, Laws of 2004.
New Hampshire SB 370
Changes insurance rating laws and requires title insurance companies to file a schedule of fees or premium rates with the state insurance commissioner. Effective 7/30/04. Chapter 156, Laws of 2004.
Oklahoma HB 2470
Would implement a 'file and use' rating system for all lines of insurance except workers' compensation. Effective 11/1/04. Chapter 519, Laws of 2004.
Rhode Island HB 8042
Permit insurers to adjust insurance rates by five percent (5%) without the Insurance Commissioner's approval at the onset of a new policy period for policies covering losses or liabilities for motor vehicles used predominantly for nonbusiness purposes and for nonbusiness fire or marine losses or liabilities. Effective 7/7/04.
South Carolina SB 686
Would deregulate personal lines rates. Sent to the Governor 6/3/04. Effective upon Governor's approval. Article 2 of Chapter 73 of Title 38 of the Code of Laws of South Carolina.
South Carolina SB 891
Amends laws governing insurance rates for all lines of casualty coverage. Effective 10/12/04. Act No. 315, Laws of 2004.
South Dakota SB 37
Establishes a file and use system for rates for all lines of insurance, except inland marine and automobile, and exempts certain size commercial risks from rate and form approval. Effective 7/1/04.
Virginia HB 553
Clarifies that an insurer may file rate or supplementary rate information to limit renewal policy rate increases that would otherwise apply. Effective 7/1/04. Chapter838, Laws of 2004.
STATE BUILDING CODES
Idaho HB 756
Adopts the 2003 International Building Code, the 2003 International Energy Conservation Code, the 2003 International Mechanical Code and the 2003 International Fuel Gas Code. Effective 3/23/04. Chapter 272, Laws of 2004.
Maine SB 356 (LD 1025)
Establishes the Office of Building Codes within the Maine Department of Professional and Financial Regulations in order to oversee efficient building construction and to ensure compliance with the Uniform Code. Effective 90 days after adjournment of second special session. Public Law 580, Laws of 2004.
Nebraska L 888
Updates references to the 2003, instead of 2000, edition of the International Energy Conservation Code for new state buildings, or renovations of or additions to any existing buildings, on which construction is initiated on or after July 1, 2005. Effective 7/1/05.
Pennsylvania SB 1139
Revises various sections of the Pennsylvania Construction Code Act. Effective 7/15/04. Act 92, Laws of 2004.
Utah HB 215
Requires the Division of Occupational and Professional Licensing to adopt the following construction codes for the state and its political subdivisions to follow: (1) a residential one- and two-family dwelling code; (2) a fuel gas code; and (3) an energy conservation code. Effective 5/3/04. Chapter 110, Laws of 2004.
STATE REGULATOR
Arizona HB 2224 (Production of Claims Information)
Requires insurers to produce claim files or related papers upon request by the Director of Insurance (director). Effective 90 days after adjournment. Chapter 68, Laws of 2004.
Colorado HB 1154
Allows the division of insurance to contract for personal services in order to perform informal examinations, excluding formal financial or market conduct examinations, where the commissioner determines the department lacks sufficient skill and expertise to perform such investigations. Effective 3/8/04. Chapter 22, Laws of 2004.
Idaho SJM 106
Announces the Legislature's commitment to maintaining the states as the sole regulators of the insurance business and opposition to any proposed federal law that undermines this state authority. Effective 2/25/04.
Idaho HB 495
Authorizes the Director of the Department of Insurance to direct the manner and place of filing for any document required to be filed with the department, including whether an electronic or paper filing is required or acceptable. Effective 7/1/04. Chapter 238, Laws of 2004.
Iowa SR 164 (Medical Malpractice)
Requests the insurance commissioner to submit annual reports containing administrative and financial information pertaining to medical malpractice claims. Effective 4/13/04.
New Hampshire SB 369
Amends state laws regarding the conduct of examinations by the insurance department to conform to the National Association of Insurance Commissioners (NAIC) model. Effective 1/1/05. Chapter 155, Laws of 2004.
New Hampshire SB 430
Authorizes the commissioner to contract for external review and evaluation of mandated benefits, including workers' compensation, and requires that, if requested by a standing committee, any legislative proposal that mandates insurance benefits be evaluated by the insurance department before being enacted into law. Effective 5/24/04. Chapter 161, Laws of 2004.
New Mexico HB 240
Creates an insurance operations fund in the state treasury to appropriate to the division funds necessary to carry out its responsibilities under the Insurance Code and other applicable laws, with any remaining fiscal year balance greater than one-half of the appropriation reverting to the general fund. Effective 5/19/04. Chapter 5, Laws of 2004.
Tennessee SB 2601
Directs insurance companies to respond within 30 days to requests made by the insurance department regarding complaints initiated by insureds. Effective 4/12/04. Chapter 496, Laws of 2004.
Virginia HB 69
Authorizes the Department of the Treasury's Risk Management Division to establish more than one risk management plan, specifying the terms and conditions for coverage, to provide liability coverage for various political subdivisions of the state. Effective 3/15/04. Chapter 121, Laws of 2004.
TELEPHONE SALES
Hawaii SB 2902
Prohibits sellers and telephone solicitors from initiating telephone solicitation calls to telephone numbers listed on the national Do-Not-Call registry. Effective 4/20/04. Act 8, Laws of 2004.
Idaho HB 535
Provides that the national 'do-not-call' registry established and maintained by the Federal Trade Commission (FTC) may serve as the Idaho 'no telephone solicitation contact' list, and that Idaho's attorney general may provide the telephone numbers of Idaho residents that are on the Idaho 'no telephone solicitation contact' list to the FTC for inclusion in the national 'do-not-call' registry. Effective 7/1/04. Chapter 102, Laws of 2004.
Louisiana HB 189
Exempts periodic follow-up or general wellness calls from optometrists, dentists, and physicians, or representatives thereof, to patients from the 'do not call' law. Effective 8/9/04. Act No. 148, Laws of 2004.
Ohio SB 28
Prohibits sellers from engaging in activities that violate federal telemarketing laws and authorizes the Attorney General to enforce state and federal telemarketing laws and conduct investigations. Effective 4/12/04. Session Law 54, Laws of 2004.
Utah SB 27
Amends the Telephone and Facsimile Solicitation Act by providing that the state no-call database applies only to unsolicited telephone calls. Insurers continue to be exempt from the Act. Effective 5/3/04. Chapter 263, Laws of 2004.
Virginia HB 689
Prohibits telephone solicitations to numbers on the national Do Not Call list, including calls to wireless-phone numbers, and prohibits telephone solicitors from blocking identifying information. Effective 3/29/04. Chapter 224, Laws of 2004.
Virginia SB 344
Prohibits telephone solicitations to numbers on the national Do Not Call list including calls to wireless-phone numbers, and prohibits telephone solicitors from blocking identifying information. Establishes instances of permitted solicitations. Effective 3/29/04. Chapter 202, Laws of 2004.
TERRORISM
Connecticut HB 5200
Allows commercial insurers to exclude loss due to terrorism, as defined by the State Insurance Commissioner. Effective 7/1/04. Public Act No. 04-124, Laws of 2004.
Georgia HB 1450
Amends the law relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation. Effective 5/13/04.
TORT REFORM
Arizona HB 2220 (Product Liability)
provides an affirmative defense in product liability actions resulting from the consumption of food products. Effective 90 days after adjournment. Chapter 67, Laws of 2004.
Arizona SB 1113 (Frivolous Lawsuits)
Provides rules to curtail the filing of frivolous lawsuits against health care professionals and the filing of frivolous nonparty at-fault designations by health care professionals. Effective 90 days after adjournment. Chapter 4, Laws of 2004.
Colorado HB 1159 (Jury Duty)
Modifies the state's jury selection and service act.
Georgia SB 411 (Appeal Bond)
Allows the trial court to accept forms of security other than a supersedeas bond as a condition of staying a civil judgment during the appeal process. Effective upon approval by Governor or upon its becoming law without such approval.
Illinois HB 3981 (Common Sense Consumption)
Creates the Common Sense Consumption Act prohibiting the initiation of a civil liability action against sellers of qualified products. Effective 6/1/04.
Iowa HB 2170 (Product Liability)
Provides that an assembler, designer, supplier of specifications, distributor, manufacturer, or seller is not liable for failure-to-warn claims in product liability actions for generally known product risks. Effective 7/1/04.
Kansas HB 2764 (Class Action Certification)
Allows a court of appeals discretion to permit an appeal from a district court order granting or denying class action certification if such application were made within 10 days of entry of the order. Effective upon statutory publication. Laws of 2004.
Michigan HB 5809 (Common Sense Consumption)
Exempts food manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters and advertisers for claims resulting from weight gain, obesity or related health condition. Effective 90 days after legislature adjourns. Act 367, Laws of 2004.
Minnesota HB 1425 (Appeal Bonds)
Provides that execution of a judgment for payment of money is stayed during the course of appeal if the judgment debtor files a bond in the amount of the judgment. Previous law provided for a stay of six months and set the bond amount at double the judgment. The total bond required is capped at $150 million, regardless of the value of the judgment. If a creditor provides evidence that a debtor is dissipating assets to avoid paying a judgment, the court may require a bond in the amount of the judgment. Effective 5/14/04. Chapter 180, Laws of 2004.
Mississippi HB 13a (Comprehensive Reform Addressing - Noneconomic Damages, Product Liability, Punitive Damages, Joint and Several Liability, and Jury Duty)
New Mexico SB 625 (Judgment Interest)
Permits a two percentage points above prime, as published in the Wall Street Journal on the date of entry, interest rate on judgments against a governmental entity or public employee for a tort for which immunity has been waived under the Tort Claims Act. Effective 7/1/04. Chapter 108, Laws of 2004.
Ohio HB 212 (Judgment Interest)
Establishes criteria for computing interest on judgments. Effective 6/2/04.
Ohio HB 292 (Asbestos Claims)
Establishes minimum medical requirements for filing certain asbestos claims and limits asbestos-related successor liabilities for corporations. Effective 9/2/04.
Ohio HB 342 (Silica and Mixed Dust Disease Claims)
Establishes minimum medical requirements for filing certain silica and mixed dust disease claims. Effective 9/1/04.
Ohio SB 80 (Comprehensive Tort Reform)
Amends state law to affect wide spread tort reform including instituting limitations on punitive and noneconomic damages, a statute of repose on product liability actions, collateral source rule, common sense consumption. Effective 1/6/05.
Oklahoma HB 2661 (Comprehensive Reform)
Enacts comprehensive set of tort reform measures. Effective 7/1/04 and 11/1/04. Laws of 2004.
Pennsylvania SB 92 (Asbestos Claims)
Modifies applicability of certain asbestos-related claims based on a two-year statute of limitations. Effective 11/24/04. Act 152, Laws of 2004.
Tennessee SB 2379 (Common Sense Consumption)
Limits liability arising from obesity or other conditions allegedly caused by or resulting from long-term consumption of food. Effective 7/1/04. Chapter 570, Laws of 2004.
Virginia HB 430 (Appeal Bond)
Sets the maximum amount for an appeal bond or irrevocable letter of credit, required of appellants collectively in a civil action, at $25 million, regardless of the value of the judgement. Effective 4/8/04. Chapter 356, Laws of 2004.
Virginia SB 172
Establishes a statutory ceiling amount of $25 million for appeal bonds in civil actions. Effective 4/8/04. Chapter 328, Laws of 2004.
Washington HB 2485 (Judgment Interest)
Changes the calculation of post-judgment interest for tort claims. Effective 4/15/04. Chapter 185, Laws of 2004.
WORKERS' COMPENSATION
Alaska SB 323 (Contractor Requirements)
Requires general contractors to provide workers' compensation to cover employees of a subcontractor if the subcontractor fails to provide coverage. Effective 9/15/04. Chapter 80, Laws of 2004.
Arizona HB 2399 (Benefits, Claims and Authorized Treatments - HIV/Hepatitus Claims)
Provides that any testing or prophylactic treatment for human immunodeficiency virus (HIV) or hepatitis C would qualify as a workers' compensation claim under certain circumstances. Effective 90 days after adjournment. Chapter 208, Laws of 2004.
Arizona HB 2438 (Fees)
Requires the Workers' Compensation Commission to create a fee schedule for prescription medicines required to treat injured employees. Effective 90 days after adjournment. Chapter 165, Laws of 2004.
Arizona HB 2382 (Miscellaneous New Workers' Compensation Provisions - Government Use of Social Security Numbers)
Limits governmental use of complete social security numbers. Provides for the use of social security numbers by governmental agencies to administer, among other things, workers' compensation matters. Signed by the Governor 4/23/04. Chapter 139, Laws of 2004.
California AB 1840 (Benefits, Claims and Authorized Treatments - Death Benefits)
Provides for the payment of $250,000 in death benefits to the estate of a deceased police officer who has no total dependents and no partial dependents for injuries occurring on or after January 1, 2003, but prior to January 1, 2004. Effective 1/1/05. Chapter 92, Laws of 2004.
California AB 2649 (Miscellaneous New Workers' Compensation Provisions - Definitions)
Excludes from the definition of "employee," for workers' compensation purposes, any person who is an owner-builder who is participating in a mutual self-help housing program sponsored by a nonprofit corporation. Effective 1/1/05. Chapter 83, Laws of 2004.
Colorado HB 1090 (Contractor Requirements)
Specifies criteria for an independent contractor who performs work on a private construction site and create a civil penalty for an independent contractor's failure to provide workers' compensation coverage to all of its employees. Effective 8/4/04. Chapter 25, Laws of 2004.
Colorado HB 1068 (Miscellaneous New Workers' Compensation Provisions - Negligence Actions)
Relates to actions for damages against the negligence of a stranger, which caused employee injury. Effective 8/4/04.
Connecticut HB 5340 (Disputes and Settlements - Lump Sum Settlements)
Authorizes workers' compensation lump sum settlements to be prorated over the life expectancy of the injured worker. Effective 6/3/04. Public Act No. 04-124, Laws of 2004.
Florida HB 1251 (Miscellaneous New Workers' Compensation Provisions - Non-Voluntary Market)
Amends the law governing the workers' compensation and employer's liability joint underwriting association. Effective 5/28/04. Chapter 266, Laws of 2004.
Florida SB 1926 (Omnibus Workers' Compensation Law Changes)
Changes provisions in the state's workers' compensation laws pertaining specifically to notification requirements and rate approval. Requires the state to annually report on the status of the workers' compensation market. Effective 7/1/04. Chapter Law 2004-82. Laws of 2004.
Georgia HB 1579 (Workers' Compensation Funds)
Specify that the Subsequent Injury Trust Fund may not reimburse any self-insured employer or insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008. If enacted, effective 7/1/04.
Idaho HB 488 (Workers' Compensation Funds)
Requires the insurance department to examine the State Insurance Fund every five years. Effective 7/1/04. Chapter 237, Laws of 2004.
Idaho HB 533
Extends provisions of law that require a claimant, employer/surety, or self-insured employer to provide materials for evaluation of the merits of the claim before filing a complaint for benefits from the Industrial Special Indemnity Fund. Effective 3/19/04. Chapter 100, Laws of 2004.
Idaho SB 1393 (Fees)
Authorizes a fee to be charged to community service workers for the purpose of providing them workers' compensation insurance. Effective 3/23/04. Chapter 149, Laws of 2004.
Louisiana HB 823 (Disputes and Settlements)
Allows disputes between a single health care provider and a single payor to be consolidated, providing proper venue in the workers' compensation district in the parish of domicile of either the payor or the provider. Effective 6/15/04. Act No. 257, Laws of 2004.
Louisiana HB 825
Clarifies that prior written approval from the Second Injury Board must be obtained prior to a settlement being submitted to the workers' compensation court for approval. Effective 6/15/04. Act No. 258, Laws of 2004.
Maryland HB 776 (Benefits, Claims and Authorized Treatments)
Provides workers' compensation benefits for Montgomery County deputy sheriffs. Effective 10/1/04. Chapter 203, Laws of 2004.
Nebraska L 1091 (Workers' Compensation Funds)
Specifies that the Workers' Compensation Trust Fund will be administered by the Nebraska Workers' Compensation Court, and makes technical changes to the Nebraska Workers' Compensation Act. Effective 4/13/04.
New Hampshire SB 423 (Disputes and Settlements)
Exempts records and proceedings of the New Hampshire Department of Labor from the Right-To-Know Law (RSA 91-A) in regards to workers' compensation claims. Effective 6/11/04. Chapter 223, Laws of 2004.
New Hampshire SB 431 (Disputes and Settlements)
Prohibits provisions in any agreement from requiring employers or their insurance carriers to waive subrogation rights. Effective 3/5/04. Chapter 3, Laws of 2004.
New Jersey AB 2895 (Coverage for Thoroughbred Horse Riders)
Extends workers' compensation coverage secured by the New Jersey Horse Racing Injury Compensation Board to thoroughbred horse exercise riders while working at racetracks in the state. Effective 8/8/04. Chapter 119, Laws of 2004.
New Jersey AR 73 (Resolution)
Encourages Congress to amend the Social Security Act to ensure the 80% limit on total combined social security and workers' compensation benefits for disabled workers be based on pre-injury earnings adjusted for inflation. Effective 6/10/04.
New Mexico SB 30 (State Oversight - Ombudsman)
Reduces the time period an ombudsman is ineligible to hold another position within the administration from five years to one year. Effective 7/1/04. Chapter 118, Laws of 2004.
New Mexico SB 74 (Miscellaneous New Workers' Compensation Provisions - Employer Assessments)
Increases the assessments against employers under the Workers' Compensation Act from $2.00 to $2.30 per covered employee, with $0.30 of the fee per employee distributed to the uninsured employers' fund. Effective 7/1/04. Chapter 36, Laws of 2004.
Pennsylvania HR 660 (Resolution for Legislative Study)
Directs the Legislative Budget and Finance committee to study the state's workers' compensation system relative to other nearby states and make recommendations for lowering medical and indemnity and litigation costs, streamline claims processes, and control prices. Effective 6/15/04.
Rhode Island HB 7870 (Miscellaneous New Workers' Compensation Provisions - Filing of Petitions)
Prohibits a petition for workers' compensation benefits from being filed while a nonprejudicial memorandum of agreement is pending or until after the notification that payments have been terminated. Effective 7/2/04.
Rhode Island HB 7872 (Medical Exam Requirements)
Requires workers' compensation claimants to submit to reasonable examination(s) by a qualified healthcare provider appointed by the director in order to determine the claimant's physical and/or mental condition. Effective 7/7/04. Public Law 471, Laws of 2004.
South Dakota HB 1048 (Miscellaneous New Workers' Compensation Provisions - Cancellation and Notification)
Prohibits cancellation of a workers' compensation policy for nonpayment of premium, unless the employer has provided notification within at least 10 days. Effective 7/1/04.
Utah HB 238 (Miscellaneous New Workers' Compensation Laws - Medical Examinations/Records)
Requires injured employees and their physicians to comply with Labor Commission rules regarding disclosure of medical records relevant to the employee's industrial accident or occupational disease. Effective 5/3/04.
Vermont HB 632 (Miscellaneous New Workers' Compensation Laws - Omnibus Workers' Compensation Law Changes)
Makes a number of changes to the state's workers' compensation laws. Effective 5/26/04.
Virginia SB 597 (State Oversight - Workers' Compensation Commission)
Provides that the Workers' Compensation Commission has the powers of a court to administer oath, to mandate the appearance of witnesses and the production of documents, to punish for contempt, to appoint guardians and to enforce compliance with its orders and awards. Effective 3/19/04. Chapter 178, Laws of 2004.
Virginia HB 270 (Miscellaneous New Workers' Compensation Provisions - Vocational Rehabilitation)
Allows (appropriately certified) contractors or employees of state agencies and workshops that provide vocational rehabilitation to use the title "rehabilitation provider" if they are providing these services through the workers' compensation system. Effective 3/31/04. Chapter 271, Laws of 2004.
Virginia HB 474 (Self-Insurers)
Amends provisions relating to the security deposit required from workers' compensation self-insurers and defines acceptable financial instruments to include corporate surety bonds, certificates of deposit, U.S. government obligations, letters of credit, and cash. Effective 3/4/04. Chapter 44, Laws of 2004.
Virginia SB 323 (Self-Insurers)
Requires a specified financial deposit from self-insured workers' compensation insurers. Effective 3/19/04. Chapter 173, Laws of 2004.
Virginia HB 864 (Lien Rights)
Converts into a lien the assignment to an employer of an injured employee's right to recover damages from a third party. The lien rights would apply to occupational disease as well as injury. Effective 4/15/04. Chapter 914, Laws of 2004.
Virginia SB 558 (Lien Rights)
Creates a lien on behalf of employers when injured/diseased employees recover damages from a third party. Effective 4/15/04. Chapter 941, Laws of 2004.
Washington HB 1691 (Benefits, Claims and Authorized Treatments)
Authorizes advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered under the workers' compensation system. Effective 7/1/04. Chapter 65, Laws of 2004.
Wisconsin AB 669 (Omnibus Workers' Compensation Law Changes)
Amends provisions of the workers' compensation law regarding payment of benefits, disputes, supplemental benefits, examinations and treatment, self-insured employer payments and program administration. Effective 3/30/04. Act 144, Laws of 2004.
Wyoming HB 52 (Benefits, Claims and Authorized Treatments)
Allows, in cases where a surviving child receives workers' compensation benefits, a child enrolled or preregistered in a post-secondary educational institution to continue receiving benefits until reaching age 21. Effective 7/1/04. Chapter 32, Laws of 2004.
Wyoming HB 53 (Benefits, Claims and Authorized Treatments)
Requires temporary light duty awards be paid monthly at 80% of the difference between the employer's light duty wage and the employee's actual monthly earnings. Periods of light duty work may not exceed one cumulative year for any single injury. Provides that payment will cease if the employee's actual monthly earnings, inclusive of the light duty award, exceed 95% of the actual monthly earnings at the time of injury. Effective 7/1/04. Chapter 13, Laws of 2004.
Compliance Resources
Legislative and Regulatory Information Service (LARIS)
NAMIC Survey of New State Insurance Laws
2004 Overview
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