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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 5182

25

Motor vehicle insurance - auto equipment issues

Concerns fake air bags for motor vehicles; prohibits the sale or offer of sale of any device intended to replace an air bag in a motor vehicle if the seller knows that the device does not conform to federal air bag safety standards; provides that a violator commits an unfair trade practice. Effective: July 1, 2006.

HB 5371

108

Tort reform - medical malpractice

Relates to an extended reporting period coverage under medical malpractice insurance policies; provides that prior acts coverage be consistent with an agreed upon retroactive date; eliminates the requirement that the insured is over the age of sixty; requires that the insured has been insured by the insurer for the five consecutive years immediately preceding the discontinuance; provides an unlimited extended reporting period with a specified aggregate liability limit; relates to claims-made coverage. Effective: Oct. 1, 2006.

HB 5462

109

Policy Form Filings

Concerns transfer of insurance policies to affiliate insurers; provides that a property and casualty insurer who transfers a policy to an affiliate as a result of a merger or acquisition of control shall provide notice to policyholders; provides that such transfer does not require a cancellation of the policy; relates to automobile and homeowner's insurance; amends provisions regarding rates and rating plans of renewals of a transferred policy; requires a cancellation notice under certain circumstances. Effective: Oct. 1, 2006.

HB 5593

117

Financial Regulation

Concerns requirements for the filing of annual reports and financial statements by insurers; provides for the confidentiality of actuarial workpapers and the actuarial report and actuarial opinion summary drafted in support of the certification; provides that such workpapers are not subject to subpoenas or disclosure under the Freedom of Information Act; relates to insurers and HMOs. Effective: Oct. 1, 2006.

HB 5694

60

Identity Theft - personal information

Concerns identity theft and theft of personal information; prohibits using a scanner to read the information on a computer chip or payment card without permission and with the intent to defraud or using a reencoder to take information from a computer chip or a payment card and encode it on a computer chip or a different card without permission and with intent to defraud; requires businesses to take reasonable steps to ensure the destruction of records containing personal information; provides for penalties. Effective: Oct. 1, 2006.

HB 5839

173

Motor vehicle insurance - traffic offenses

Relates to blood or breath tests of surviving operators involved in motor vehicle accidents; prohibits persons facilitating drag racing; requires a blood or breath sample be obtained from a surviving operator of a motor vehicle involved in an accident resulting in the serious physical injury or death of another person if the operator has been charged with a violation and a police officer has a reasonable suspicion of drug or alcohol influence. Effective: Oct. 1, 2006.

SB 25

84

Workers' compensation - benefits, claims or treatments

Concerns social security offsets under the workers' compensation act; eliminates the offset of Social Security old age benefits from Workers' Compensation total incapacity benefits for certain individuals; relates to an injured employee's average weekly earnings as of the date of the injury. Effective: May 30, 2006.

SB 285

76

Motor vehicle insurance - auto coverage issues

Concerns personal watercraft; prohibits children under the age of six from riding on personal watercraft; provides for lake patrolmen and the appointment of special conservation officers and training; amends environmental protection statutes; provides that no passenger shall be permitted to ride in front of the operator on a personal watercraft. Effective: Oct. 1, 2006.

SB 410

104

Rate Regulation

Relate to claims for uninsured or underinsured motorist benefits and insurance rate filing requirements; provides that no rate increase may be implemented on an individual policy unless certain conditions are met and the insurer provides notice of the increase; provides that no insurer may required an insured, as a condition of eligibility for payment of uninsured motorist benefits, to provide affidavits or written statements that the person did not maintain liability coverage at the time of the accident. Effective: Oct. 1, 2006.