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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - HAWAII

Hawaii State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1871

138

Identity theft -security freeze

Relates to consumer credit reporting agencies; protects consumers who are victims of identity theft by allowing them to place a security freeze on their credit reports. Effective: Jan. 1, 2007.

HB 2211

176

Workers' compensation - miscellaneous

Repeals the definition of day or days under the state worker compensation law which currently defines these terms to mean working days, as opposed to calendar days, thereby prolonging certain processes of the workers' compensation law. Effective: July 1, 2006.

HB 2899

155

Tort reform - joint and several liability

Relates to judgment liens; clarifies that liens do not continue beyond the time period that the underlying judgment, order, or decree is in force; clarifies that liens apply to judgments, orders, and decrees; relates to judgment liens; requires every judgment to contain the social security number, the tax identification number, or the federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment, order, or decree is rendered. Effective: May 31, 2006.

HB 3250

11

Tort reform - bonds

Limits the amount of any supersedeas bond that may be required to stay execution of a judgment on a civil case pending appeal; permits court to set a higher amount if appellant dissipates assets during pendency of appeal; relates to judgments. Effective: April 21, 2006.

HCR 64

Catastrophe related legislation

Urges Hawaii's congressional delegation to support and secure passage of federal legislation establishing a catastrophic reinsurance fund to support state efforts to keep homeowners' disaster insurance affordable.

HCR 73

Catastrophe related legislation

Requests the department of commerce and consumer affairs to establish a task force to consider expedited licensing or licensing exemptions for contractors and tradesmen following a natural disaster. (Same as HR 43 and SR 23).

HR 80

Motor vehicle insurance -- towing

Urges the Honolulu Police Department to check vehicle status prior to towing to ensure towing fees on stolen vehicles will not be passed on to the victims.

SB 743

229

Tax Issues

Conforms the State's securities provision to federal securities laws by adopting the 2002 Uniform Securities Act; amends provisions as they apply to sales of securities by broker-dealers, insurance personnel, investment advisors, and depository institutions; amends provisions relating to the insurance premium tax. Effective: July 1, 2008.

SB 2159

139

Identity theft - personal information

Implements the recommendations of the task force on protection of personal information; provides that a person commits the offense of unauthorized possession of confidential personal information if that person knowingly possesses, without authorization, any confidential personal information of another; provides an affirmative defense that the person who possessed the confidential information did so under the belief that the person in possession was authorized by law to possess the confidential information. Effective: May 25, 2006.

SB 2214

115

Catastrophe related legislation

Relates to disaster preparedness; makes an appropriation out of interest derived from the hurricane reserve trust fund for disaster preparedness, including purchasing or improving early warning systems, public education programs on disaster preparedness, loss mitigation efforts, including deposits to the loss mitigation grant fund, updating tsunami inundation and evacuation maps in phone books, and establishing an emergency supply cache to provide immediate relief in the case of a disaster or emergency. Effective: July 1, 2006.

SB 2255

99

Fraud

Relates to time limitations; provides that a prosecution may be commenced for any offense an element of which is either fraud, deception, or a breach of fiduciary obligation within three years after discovery of the offense. Effective: May 15, 2006.

SB 2283

189

Tort reform -- miscellaneous

Relates to insurance; provides commercial general liability extended reporting requirements; provides that no cause of action shall arise nor shall any liability be imposed against any examiner appointed or otherwise designated as an examiner by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of the insurance code. Effective: July 1, 2006.

SB 2290

135

Identity theft - security breach

Relates to protection from security breaches; requires any business that owns or licenses personal information to provide notice to the affected person in the event of a security breach without unreasonable delay; provides for electronic notice under specified circumstances; provides that a violation is an unfair or deceptive act in the conduct of trade and commerce. Effective: Jan. 1, 2007.

SB 2293

137

Identity theft - personal information

Relates to social security number protection; minimizes the abuses associated with the fraudulent use of a social security number by restricting its use as an identifier. Effective: July 1, 2007.

SB 3090

191

Workers' compensation - state oversight

Requires the director of labor and industrial relations to establish standardized forms for health care providers to use when reporting on and billing for injuries compensable under the State's workers' compensation law. Effective: July 1, 2006.

SR 147

Catastrophe related legislation

Requests the counties to adopt an ordinance to participate in the national flood insurance program community rating system to obtain monetary discounts in purchasing flood insurance.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.