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State

Bill #

Chapter #

Bill Type

Bill Description

PA

HB 131

69

Accident response fees

Prohibits municipalities from charging a fee for police to respond to a motor vehicle accident. Effective: February 16, 2007.

RI

SB 387

404

Adjusters

Defines "public adjusters" in accordance with the National Association of Insurance Commissioners (NAIC) Model Act; allows the insurance commissioner to set the application fees and requirements by regulation; permits licensing in accordance with national standards and allow for reciprocal licensing with other states. Effective: July 7, 2007.

MN

SF 608

79

Aircraft liability

Increases the required minimum liability limits on aircraft insurance; provides that aircraft liability insurance is not voidable retroactively after a claim. Effective: varies.

HI

HB 1158

11

Arson

Adds recklessness to the state of mind requirement for arson in the fourth degree; Clarifies that 10,000 square feet is only the minimum amount of property damage that is required to trigger special sentencing for arson. Effective: April 9, 2007.

NJ

SB 1712

131

Asbestos and silica reform

Eliminates statute of limitations for certain environmental crimes and crimes causing widespread injury or damage; relates to crimes under the Solid Waste Management Act, the Comprehensive Regulated Medical Waste Management Act, the Air Pollution Control Act (1954), the asbestos law and the Water Pollution Control Act. Effective: August 6, 2007.

WA

SB 5726

498

Bad faith laws

Creates the Insurance Fair Conduct Act and provides that an insurer engaged in the business of insurance may not unreasonably or negligently deny a claim for coverage or payment of benefits to any insured. Effective: July 22, 2007.

TX

HB 1158

657

Bail bonds

Relates to the address to which notice of the forfeiture of a bail bond is delivered. Effective: September 1, 2007.

AK

HB 90

24

Bail bonds

Relates to purchase of alcoholic beverages and civil liability for persons accessing licensed premises; requires driver's licenses and identification cards to be marked for certain convictions and probation conditions, and fees for the marked license or card; relates to the information contained on driver's licenses; relates to surrender and cancellation of driver's licenses and identification cards, prostitution, the DNA registration system, sex offenders parole or registration, and bail. Effective: varies.

GA

SB 106

250

Bail bonds

Relates to bonds for good behavior; extends the period for which the court may require a bond with a surety for good behavior. Effective: July 1, 2007.

ID

SB 1161

175

Bail bonds

Amends existing law relating to bail to revise provisions applicable to the forfeiture of bail. Effective: July 1, 2007.

ME

H 190

31

Bail bonds

Requires the proceeds from a forfeited bail of an offender who is in default of a restitution obligation to be used to satisfy the obligation for the victims of an offender. Relates to funding for the Extradition Account. Effective: September 20, 2007.

ME

S 169

374

Bail bonds

Adds to the factors that a judicial officer must consider before allowing the pretrial release of a defendant on personal recognizance or an unsecured appearance bond the determination that the defendant's release will not compromise the safety of the community. Effective: September 20, 2007.

MS

HB 1485

501

Bail bonds

Revises bail bond requirements. Effective: June 1, 2007.

MS

SB 2756

390

Bail bonds

Revises form requirements for bail. Effective: July 1, 2007.

NC

SB 880

105

Bail bonds

Provides that a bond forfeiture shall be set aside if the defendant failed to appear because the defendant was incarcerated anywhere in the United States. Effective: October 1, 2007.

NC

SB 881

228

Bail bonds

Defines the residency requirements for licensure under the laws pertaining to bail bondsmen and runners; makes other stylistic changes. Effective: October 1, 2007.

NC

SB 1327

399

Bail Bonds

Adds an exception to the circumstances under which a surety on a bail bond is not required to return the premium on the bond under the laws regulating bail bondsmen and runners. Effective: August 21, 2007.

OK

SB 996

97

Bail bonds

Relates to professions and occupations; relates to forfeiture procedure; modifies how certain bond shall be exonerated by operation of law; modifies certain length of time to return a defendant to custody; provides for request for certain remitter. Effective: November 1, 2007.

TN

HB 362

239

Bail bonds

Relates to the duration of a bond or recognizance; provides that if a defendant appeals a verdict, then the defendant has to make a new bond to the court of criminal appeals unless the bond has not been released to a bail bondsmen. (Same as SB 885). Effective: May 24, 2007.

TN

HB 1454

255

Bail bonds

Concerns bail and bail bonds; allows a court to grant an extension when a defendant fails to appear in court instead of entering a conditional judgment. (Same as SB 459). Effective: May 24, 2007.

TN

SB 730

108

Bail bonds

Concerns Criminal Procedure; adds offenses of rape, statutory rape by an authority figure, aggravated child abuse, and stalking to list of offenses for which the judge must revoke bail immediately upon conviction. Effective: July 1, 2007.

TX

HB 3692

1113

Bail bonds

Relates to the denial of bail to a person who violates court orders or conditions of bond related to victim or community safety and to the performance of community service by persons charged with certain alcohol-related offenses; relates to court orders and conditions of bond in a family violence case relates to safety of the victim or the safety of the community; provides for weapons, drunk driving and traffic offences; relates to community service. Effective: varies.

TX

SB 235

353

Bail bonds

Relates to the composition of a county bail bond board. Effective: September 1, 2007.

NJ

AB 2987

46

Bail bonds

Requires the court to conduct an inquiry concerning the source of bail funds when defendant is charged with serious crimes; after the inquiry, issue an order either approving or disapproving; establishes the reliability of the source of the funds used to post bail or security offered, that the relationship of the person posting bail is sufficient to ensure the defendant's presence in court, and that the funds used to post cash or secure bail were not acquired as a result of unlawful conduct. Effective: June 1, 2007.

ND

SB 2411

263

Boiler Issues

Relates to hobby boiler operator licensing and fees; provides for inspections. Effective: August 1, 2007.

NE

LB 347

Bonds

Changes provisions relating to the giving of bonds by city or village officials; provides for the acceptance of evidence of equivalent insurance. Effective:

ID

HB 137

184

Building codes

Amends existing law to provide a date change regarding various building codes; and to provide for adoption of the 2006 International Residential Energy Conservation Code as published by the International Code Council. Effective: July 1, 2007.

IA

HF 590

Building codes

Relates to the application and enforcement of the state building code and providing an applicability date. Effective: July 1, 2007.

MS

HB 753

524

Building codes

Makes certain revisions to the Mississippi Building Codes Council; also creates a hurricane damage mitigation program. Effective: July 1, 2007.

VA

HB 2469

290

Building codes

Relates to the statewide building code. Allows, as a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality to agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty. Effective: July 1, 2007.

VA

HB 2497

291

Building codes

Allows a local building official to issue an annual permit for any construction regulated by the building code. Effective: July 1, 2007.

VA

HB 2789

760

Building codes

Provides that when violations of the Building Code relating to occupancy limits, where a dwelling results in not being a safe, decent, and sanitary dwelling, in a locality where the governing body has taken action to enforce the Maintenance Code, any owner, other person, firm, or corporation convicted of such violation may be punished by increased fines and confinement in jail for not more than 10 days. Currently, any violation of the Building Code is punishable by a fine of not more than $2,500. Effective: July 1, 2007.

CO

HB 1146

189

Building codes

Concerns the requirement that certain local governments adopt an energy efficiency code in connection with the construction of certain buildings; provides that the board of county commissioners of a county that has enacted a building code shall adopt a building energy code; provides exceptions. Effective: July 1, 2007.

FL

SB 2836

187

Building codes

Relates to the building code; authorizes the Building Commission to approve amendments; revises provisions of Building Code Education and Outreach Program; provides for program to be administered by DCA through private nonprofit corporation selected by and under contract with DCA; provides for commission to adopt rules identifying standards equivalent to or more stringent than those adopted in the code; relates to inspections; provides for electrical systems, swimming pools, fire safety and graved roofs. Effective: June 19, 2007.

HI

SB 795

82

Building codes

Requires the department of accounting and general services to establish a state building code that includes hurricane resistive criteria that incorporates building code plans from each county; relates to integrated state building code. Effective: July 1, 2007.

LA

HB 629

364

Building codes

Creates the Industrialized Building Act; provides for third-party inspectors and design review agencies; provides for standards of construction for industrialized buildings; provides for enforcement of the building code; provides for equivalent methods of compliance; provides for inspections of industrialized buildings; provides for decals or insignia on modules indicating that the building complies with the building code for specific wind zones; provides for reciprocity of industrialized buildings. Effective: August 15, 2007.

LA

HB 704

335

Building codes

Provides for changes to the State Uniform Construction Code. Effective: July 9, 2007.

LA

HB 743

110

Building codes

Provides for changes to the Commercial Building Energy Conservation Code; changes to the 2006 edition of the International Energy Conservation Code as the Commercial Building Energy Conservation Code for applicable buildings not covered by present law; provides an exemption for buildings of less that 3,000 square feet of gross floor from the provisions of the code. Effective: June 22, 2007.

ME

S 214

46

Building codes

Provides a recommendation of the Community Preservation Advisory Committee; directs the Executive Department, State Planning Office, with assistance from the Office of the State Fire Marshal, the Department of Economic and Community Development and the Historic Preservation Commission, to develop a plan for implementing the Maine Model Building Code and the International Existing Building Code. Effective: September 20, 2007.

MT

HB 145

98

Building codes

Revises building code enforcement provisions for counties, cities and towns certified to enforce building codes. Effective: March 30, 2007.

NV

SB 56

104

Building codes

Establishes that in a county whose population is 400,000 or more, a city's building code that has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes, with respect to the area within the city, any provisions of the county's building code not consistent therewith. Effective: July 1, 2007.

NC

SB 490

529

Building codes

Specifies that no portion of the building code shall extend to or be construed as being applicable to the regulation of industrial machinery; clarifies, however, that if during a building code inspection, an electrical inspector has any concerns about the electrical safety of such machinery, the inspector may refer that concern to the Occupational Safety and Health Division of the Department of Labor but not withhold the certificate of occupancy nor mandate testing of the machinery based on this concern. Effective: August 31, 2007.

NC

SB 556

414

Building Codes

Authorizes municipalities to adopt ordinances establishing a nonresidential building or structure code; relates to the inspection of nonresidential buildings or structures and the repair, closing or demolition of said structures by order of the local public officer appointed for that purpose; relates to buildings and structures deemed to be historically significant; relates to liens and civil penalties. Effective: August 21, 2007.

NC

SB 581

381

Building codes

Allows counties and cities to provide building permit fee reductions or partial rebates to encourage construction of buildings using sustainable design principles to achieve energy efficiency. Effective: August 19, 2007.

OR

HB 2405

69

Building codes

Expands the scope of Department of Consumer and Business Services electronic building codes information system; requires the department to make the system available for use by municipalities administering and enforcing building inspection programs; authorizes the department to develop form and format for exchanging information through electronic building code information system; imposes a surcharge on permits to defray cost of the administering electronic system. Effective: May 15, 2007.

RI

HB 5557

291

Building codes

Allows local building inspectors that perform plan reviews and inspections for the installation of monoxide detectors to charge a specified fee for one, two, or three family units for the plan review together with any subsequent inspections. Effective: July 6, 2007.

SC

SB 504

54

Building codes

Relates to the building code adoption procedure; provides the procedure for modifying an existing code is the same as adopting a code; provides the procedure for emergency building code modification. Effective: June 15, 2007.

SD

HB 1122

72

Building codes

Revises and updates the references to the building codes. Effective: July 1, 2007.

IL

SB 1508

512

Building codes

Amends the Counties Code and the Municipal Code. Provides that once a building permit is issued, the applicable building codes of any unit of local government in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit. Effective: June 1, 2008.

NJ

AB 409

2

Building codes

Establishes an emergency deployment program for building inspection following disaster or emergency. Effective: January 17, 2007.

NJ

SB 2261

1

Building codes

Requires DHSS standards for safe building interiors; submission of documentation of investigation and remediation as a condition to issuance of construction permit for certain sites; makes changes to the "Industrial Site Recovery Act." Effective: January 11, 2007.

NY

AB 339

234

Building codes

Provides that temporary swimming pool enclosures shall be replaced with permanent enclosures in compliance with state and local building codes within ninety days, permits extension for good cause. Effective: January 1, 2008.

NY

AB 4367

108

Building codes

Excludes permanent structures used in conjunction with the working of a farm operation from the definition of the term building for purposes of the State Uniform Fire Prevention and Building Code Act. Effective: July 3, 2007.

FL

SB 404

227

Building codes

Relates to housing and construction industry regulation; provides additional requirements for a person to take the examination for building code inspector or plans examiner; provides for disciplinary proceedings for violations involving failure to follow the building code or permit requirements, obstructing investigation or accepting services at a noncompetitive rate from any person whose work is under enforcement authority of the official; provides for payments to the Mobile Home Relocation Trust Fund. Effective: July 1, 2007.

NH

SB 40

108

Building codes

Removes a reference to the International Residential Code 2000 from the definition of modular building code; defines the modular building code as the state building code, which is defined to include the International Residential Code 2000. Effective: August 10, 2007.

NH

SB 81

187

Building codes

Updates the definition of the State Building Code. Effective: August 17, 2007.

DC

B 347

63

Captive Insurance

Establishes the District of Columbia Free Clinic Captive Insurance Company for non-profit community health centers in the District; establishes eligibility standards to purchase a medical malpractice insurance policy from the company; establishes benefits under policies issued by the company; establishes the Free Clinic Captive Trust Fund, a nonlapsing fund, to serve as the funding mechanism for the company; exempts the company from District taxation and procurement laws. Effective: January 10, 2008.

AZ

HB 2294

122

Captives

Relates to industry group captive insurers; provides for an alien captive insurer to write insurance business for its affiliates and is licensed to a foreign jurisdiction; provides for a deductible reimbursement under a separate commercial insurance policy issued to the same insured; relates to transactions that provide primary coverage to an insured and not reinsurance to another insurer; prohibits direct workers' compensation or employer liability coverage unless under a self-insurance program. Effective: September 19, 2007.

DE

HB 214

161

Captives

Provides for special purpose financial captive insurance company; requires that expert costs are paid for by insurer; removes a duplicate license fee; adds new minimum surplus requirements; relates to suspension, investment restrictions and incorporation; authorizes required business organization forms; amends confidentiality provisions; relates to an insurer's books and records; permits transfer of insurance risk and associated premiums; relates to limited liability companies and reinsurance. Effective: July 18, 2007.

GA

HB 408

132

Captives

Allows certain captive insurance companies to join the insolvency pool. Effective: January 1, 2008.

HI

HB 272

232

Captives

Allows captive insurance companies to be formed as limited liability companies. Clarifies minimum capital and surplus requirements. Increases investment flexibility for pure captives. Effective: July 1, 2007.

HI

HB 1323

224

Captives

Establishes a $200,000 maximum annual Premium Tax paid by captive insurance companies licensed by the Department of Commerce and Consumer Affairs. Effective: July 1, 2007.

MO

SB 215

Captives

Allows for the formation of captive insurance companies within the state under certain conditions. Effective: August 28, 2007.

SC

SB 589

86

Captives

Relates to a captive insurance company taking credit for reserves on risks or portions of risks that are ceded to reinsurers; provides that an industrial insured captive insurance company may not take credit if not in compliance with certain provisions of law; provides that all other captive insurance companies may not take credit for reserves pursuant to those provisions unless specific approval has been granted by the director of insurance. Effective: June 27, 2007.

MD

HB 1442

486

Catastrophe-related legislation

Establishes the Task Force on the Availability and Affordability of Property Insurance in Coastal Areas; providing for the composition, co chair, and staff of the Task Force; requiring the Task Force to submit a report to the Governor and specified committees of the General Assembly by December 31, 2007, regarding methods to ensure the continued availability and affordability of property insurance in coastal areas of Maryland; etc. Effective: June 1, 2007.

CT

HB 7300

77

Catastrophe-related legislation

Establishes mitigating measures to mitigate catastrophic losses due to hurricanes and severe storms; relates to homeowners insurance policies; prohibits insurance companies from requiring the installation of hurricane shutters as a condition of insurance; requires a premium discount for homeowners who install storm shutters or impact-resistant glass; includes mobile home dwellers; provides for a Coastal Market Assistance program established by the Insurance Commissioner. Effective: October 1, 2007.

FL

HB 1a

1

Catastrophe-related legislation

Relates to the Interlocal Cooperation Act, residential property insurance, automobile insurers, condominiums, capitalization for insurers writing property insurance, minimum surplus amounts, premium discounts, consumer advocates, statements of certification for rate filings, premium payment plan options for policyholders, hospital immunity caps, reinsurance, inspectors, notice of nonrenewals, cancellations and terminations, self insurance, premium taxes and discounts for hurricane mitigation programs. Effective: January 25, 2007.

FL

HB 211

25

Catastrophe-related legislation

Provides exemption from sales & use tax for sales of specified tangible personal property from June 1, 2007, through June 12, 2007; provides exceptions for sales within public lodging establishments, theme parks, entertainment complexes, & airports; provides appropriation. Effective: April 30, 2007.

FL

HB 7057

126

Catastrophe-related legislation

Redesignates Fla. Comprehensive Hurricane Damage Mitigation Program as My Safe Florida Home Program; revises criteria & requirements for hurricane mitigation inspections; requires that residential structure located in wind-borne debris region have certain opening protections required under Fla. Building Code in order to be eligible for coverage by Citizens Property Insurance Corporation, etc. Effective: June 12, 2007.

HI

SB 1402

80

Catastrophe-related legislation

Authorizes the release of a specified amount for FY 2007-2008 from the Loss Mitigation Grant Fund to provide grants for wind resistive devices. Effective: July 1, 2007.

HI

SB 1425

81

Catastrophe-related legislation

Ensures an adequate supply of licensed contractors available to perform necessary repairs and reconstruction work during a state of emergency or disaster. Effective:

IA

HF 896

Catastrophe-related legislation

Creates a disaster aid individual grant fund. Effective: July 1, 2007.

LA

HB 431

403

Catastrophe-related legislation

Changes the governor's appointments to the governing body of the Louisiana Citizens Property Insurance Corporation. Effective: August 15, 2007.

LA

HB 472

235

Catastrophe-related legislation

Provides relative to the recoupment of Louisiana Citizens Property Insurance Corporation assessments and deletes its credit schedules under the Coastal and FAIR plans. Effective: January 1, 2008.

LA

HB 558

323

Catastrophe-related legislation

Requires property and casualty insurers to provide a discount, credit, rate differential, adjustment in deductible or other adjustment to reduce the insurance premium to insureds who comply with building codes or provide for damage mitigation. Effective: July 9, 2007.

LA

HB 678

447

Catastrophe-related legislation

Establishes the Insure Louisiana Incentive Program; attracts new property insurance market capacity through certain public and private partnerships in order to accomplish this essential public purpose; provides for the administration and funding of the program; provides for the administration of the program through the execution of cooperative endeavor agreements which provide for matching grants and for the conditions and limitations on such grants. Effective: August 15, 2007.

LA

HB 717

449

Catastrophe-related legislation

Provides for the elimination of contents coverage on residential properties following a catastrophe. Applies to policies on or after January 1, 2008. Effective: July 11, 2007.

LA

HB 960

459

Catastrophe-related legislation

Abolishes the Insurance Rating Commission and establishes the office of consumer advocacy within the Department of Insurance. Effective: January 1, 2008.

LA

HB 962

420

Catastrophe-related legislation

Eliminates the application of the Louisiana Citizens Property Insurance Corporation's noncompetitive rating structure to residential property insurance policies in any market that the Commissioner of Insurance deems noncompetitive; provides that an agent's commission shall only be paid on the actuarially justified amount of the premium. Effective: August 15, 2007.

LA

HB 966

361

Catastrophe-related legislation

Relates to civil procedure; provides for the abandonment of actions. Effective: July 9, 2007.

LA

SB 3

244

Catastrophe-related legislation

Establishes annual Louisiana Sales Tax Holidays to exempt from state sales tax each year from Sunday through Saturday of the week in which the first of August occurs the first $2,500 of purchases by all consumers and by businesses located in areas which were designated as Hurricane Katrina or Hurricane Rita Federal Emergency Management Agency (FEMA) Individual Assistance Areas. Effective: July 9, 2007.

LA

SB 37

462

Catastrophe-related legislation

Excludes storm shutter devices from state sales and use tax. Effective: July 1, 2007.

LA

SB 153

377

Catastrophe-related legislation

Provides for depopulation of the Louisiana Citizens Property Insurance Corporation. Effective: November 1, 2007.

LA

SB 182

467

Catastrophe-related legislation

Provides a refundable tax credit for voluntarily retrofitting residential property to bring it into compliance with the State Uniform Construction Code. Effective: July 11, 2007.

LA

SB 183

468

Catastrophe-related legislation

Requires that the Louisiana Citizens Property Insurance Corporation give a preference for insurance adjuster work to Louisiana companies. Effective: August 15, 2007.

LA

SB 204

381

Catastrophe-related legislation

Amends existing law to prohibit an insurer from canceling or non-renewing a homeowner's policy where two or more claims within a period of three years shall not include any loss incurred or arising from an "Act of God." Effective: July 10, 2007.

LA

SB 205

222

Catastrophe-related legislation

Creates an office of consumer advocacy in the Department of Insurance and for enforcement of a property insurance consumer's bill of rights by the office. Effective: July 5, 2007.

LA

SB 211

382

Catastrophe-related legislation

Provides for claiming of the tax credit for assessments levied by Louisiana Citizens Property Insurance Corporation on forms provided by the secretary of revenue after the payment is made. Effective: July 10, 2007.

ME

S 407

80

Catastrophe-related legislation

Provides for study to identify ways to reduce the threat of flooding; provides for notice of downstream properties; provides for a review of criteria for water level modification. Effective: September 20, 2007.

MS

HB 1500

425

Catastrophe-related legislation

Makes numerous revisions to the state's wind pool. Effective: March 22, 2007.

MS

SB 3070

503

Catastrophe-related legislation

Sales tax; exempt sales of materials & equipment used to replace or repair buildings or equipment destroyed in disasters. Effective: July 1, 2007.

NC

HB 730

300

Catastrophe-related legislation

Makes technical and substantive changes in the laws governing mediation of property insurance claims arising out of disasters. Effective: October 1, 2007.

RI

HB 6503

131

Catastrophe-related legislation

Creates the Rhode Island commission on hurricane loss projection methodology and hurricane catastrophe fund for purposes of achieving reasonable property insurance rates in light of potential hurricane disasters. Effective: January 1, 2007.

RI

SB 1110

262

Catastrophe-related legislation

Requires hurricane insurers to provide prominent and clear notice to insurers relating to deductible details or insureds mitigation measures; provides no insurer shall non-renew an insured who has taken requested mitigating steps; provides instances when such insurer may add a deductible to windstorm coverage; provides premium credits should be applied to policies as specified in existing law; amends the State Building Code relating to hurricane, storm, and flood standards. Effective: July 3, 2007.

SC

HB 3820

78

Catastrophe-related legislation

Relates to the Omnibus Coastal Property Insurance Reform Act, a catastrophe savings account, an income tax credit for retrofitting a residence against hurricane losses, rising water, or other wind event, sales tax rates on building materials, insurance claims reporting requirements, an insurance tax incentive, insurance discounts, discriminatory insurance rates, storm and hail insurance, a wind and hail underwriting association, manufactured homes, and insurance cancellation and nonrenewal. Effective: June 18, 2007.

VA

SB 1167

608

Catastrophe-related legislation

Provides a sales and use tax exemption, beginning in 2008, for certain hurricane preparedness equipment purchased during a seven-day period each year beginning on May 25. The sales and use tax holiday will sunset on July 1, 2012. Effective: July 1, 2007.

CA

SB 114

223

Catastrophe-related legislation

Provides state allocations with respect to property tax revenue reductions resulting from a reassessment for damages incurred within specified counties declared by the Governor to be in a state of emergency due to severe freezing conditions. Provides that any qualified dwelling that was damaged or destroyed that has not changed ownership, cannot be denied on the basis of temporary damage or destruction. Provides for school districts and county offices of education. Relates to wildfire damage. Effective: January 1, 2008.

NY

SB 4139

456

Catastrophic-related legislation

Creates the New York state canal flood mitigation task force to determine what measures should be taken to enhance flood management and mitigation in and along the New York state canal system, including the Erie Canal; develops recommendations; defines terms; creates thirteen member task force; outlines task force duties. Effective: August 1, 2007.

LA

HB 203

140

Civil procedure

Provides for discovery in civil actions; to provide for the scope of discovery; to provide exceptions to disclosure; to provide remedies for inadvertent disclosure; to provide for discovery of experts; to provide for discovery of electronically stored information; to provide for live trial testimony by video; to provide for delivery of process by commercial carrier; and to provide for related matters. Effective: August 15, 2007.

NC

HB 244

210

Civil procedure

Provides that when there are two or more plaintiffs in a civil action, the presiding judge, if it appears that there are antagonistic interests between the plaintiffs, may, in the judge's discretion, apportion among the plaintiffs the challenges now allowed by law, or the judge may increase the number of challenges to not exceeding six for each plaintiff or class of plaintiffs representing the same interest. Effective: October 1, 2007.

NC

HB 316

514

Civil procedure

Amends existing law relative to civil procedure; establishes that a party or attorney responsible for the issuance and service of a subpoena shall, within five business days after the receipt of material produced in compliance with the subpoena, serve all other parties with notice of receipt of the material produced in compliance with the subpoena and, upon request, shall provide all other parties a reasonable opportunity to copy and inspect such material at the expense of the inspecting party. Effective: October 1, 2007.

NC

HB 1374

351

Civil procedure

Overturns the Shepard case and amends the limitation regarding actions to recover for usury; overturns the Skinner case and amends the long-arm statute to allow North Carolina courts to exercise personal jurisdiction over certain nonresident defendants; requires that a notice of foreclosure contain certain information; provides for mortgage debt collection and servicing. Effective: Varies.

RI

SB 500

505

Civil procedure

Provides that any person, firm, or corporation which suffers damages as a result of a competitive bid for a contract not being accepted due to another person, firm, or corporation knowingly misclassifying employees as independent subcontractors may bring an action for damages. Effective: October 30, 2007.

CA

AB 500

268

Civil procedure

Permits a party to appear in a general civil case who has provided notice, by telephone at specified conferences, hearings, and proceedings. Permits a court to require a party to appear in person at these hearings, conferences, or proceedings if the court makes a specified determination on a hearing-by-hearing basis. Effective: January 1, 2008.

IL

SB 229

661

Civil procedure

Amends the Code of Civil Procedure. Provides that a judgment creditor may recover a corporate judgment debtor's property. Provides that a debtor may be compelled to resign memberships. Provides that a judgment debtor's property not amenable to a sheriff's sale may be sold by other means. Provides property held by a third party determined to be wages is subject to a wage deduction. Provides that a financial institution shall disclose financial records under a lawful citation. Provides for reimbursement. Effective: June 1, 2008.

IL

SB 486

479

Civil procedure

Amends the Code of Civil Procedure. Provides that the new Section concerning residual funds in a class action common fund applies to all actions pending on the effective date for which no court order has been entered preliminarily approving a proposed settlement for a class of plaintiffs. Relates to nonprofit organizations. Effective: June 1, 2008.

OR

SB 676

346

Claims

Prohibits insurer from refusing claim on basis that claim was submitted by physician assistant rather than by supervising physician; repeals sunset provision. Effective: January 1, 2008.

AZ

SB 1054

142

Claims arbitration

Concerns arbitration of claims; concerns jurisdictional limits for submission of disputes to arbitration to superior court; concerns powers and compensation for arbitrators. Effective: September 19, 2007.

NV

SB 300

211

Commercial auto

Relates to motor carriers; revises the definition of "intrastate driver" to exclude drivers who work for a public utility; repeals the exemption of commercial intrastate drivers from the hours-of-service limitations in certain emergencies. Effective: October 1, 2007.

CA

AB 913

58

Commercial auto

Amends existing law which requires a motor carrier to pay a fee for the reissuance of a motor carrier's permit following its suspension or revocation. Waives the fee requirement, if the suspension or revocation was based on a lapse in liability insurance or workers' compensation insurance, and the evidence of valid insurance coverage demonstrates that a lapse in coverage for the carrier's operation did not occur. Effective: January 1, 2008.

CA

AB 1513

66

Commercial auto

Amends existing law which requires a motor carrier of property to pay an initial and renewal permit fee to the Department of Motor Vehicles, except for a motor carrier of property engaged solely in interstate or foreign transportation of property by motor vehicle. Updates reference to applicable federal law relating to interstate or foreign transportation of property by motor vehicle. Effective: January 1, 2008.

NY

AB 7877

251

Commercial auto

Relates to disqualification of commercial driver's licenses. Effective: July 18, 2007.

NY

AB 8315

257

Commercial auto

Permits the collection of motor carrier fees through the unified carrier registration plan. Effective: July 18, 2007.

AR

HB 1387

874

Commercial insurance

Promotes insurance coverage for construction contracts and to protect the construction industry from insurance policy limitations. Effective: July 31, 2007.

FL

SB 1624

218

Commercial insurance

Requires purchase of owner-controlled insurance in connection with public construction project if program maintains completed operations insurance coverage for no less than 10 years; exempts contractors & subcontractors working under construction project insured by said insurance program from individually satisfying eligibility requirements for large deductible workers' compensation rating plans. Effective: October 1, 2007.

IA

SF 265

Commercial insurance

Relates to asbestos removal and encapsulation regulations as enforced by the Labor Commissioner. Effective: July 1, 2007.

OR

HB 2654

648

Commercial insurance

Requires a construction contractor to maintain liability insurance; directs the Construction Contractors Board to establish a continuing education system; disallows liens arising from the improvement of real property without a written contract; requires a contractor to provide maintenance information to a property owner; allows a property owner to cancel a contract; requires a contractor to offer a warranty to the first purchaser or owner of a structure or dwelling; relates to surety bonding. Effective: July 1, 2008.

OR

HB 2751

210

Commercial insurance

Permits an insurer to issue liability insurance at a preferred rate or premium to construction contractors without violating the prohibition against fictitious groupings. Effective: June 1, 2007.

SD

SB 39

287

Commercial insurance

Relates to providing claims information to commercial property casualty insureds. Effective: July 1, 2007.

SD

SB 65

286

Commercial insurance

Revises certain provisions regarding the reimbursement for medical assistance made by certain insurers to the state. Effective: July 1, 2007.

TN

SB 1764

168

Commercial insurance

Provides that public buildings insurance policies shall be obtained by the State Treasurer subject to the approval of the Board of Claims; provides that the State Treasurer, with the approval of the Board of Claims, shall consider bid proposals from admitted carriers and also non-admitted surplus lines carriers under certain circumstances; provides that if a certain insurance rating company changes or amends its rating methodology, the Board of Claims shall adopt a minimum rating requirement. (Same as HB 1849). Effective: May 15, 2007.

TX

SB 561

1379

Commercial insurance

Relates to the subrogation interests of certain political subdivisions or insurance carriers providing reinsurance for subdivisions. Effective: June 15, 2007.

WV

SB 490

112

Commercial insurance

Relating to the Underground Storage Tank Insurance Fund; providing for expiration of the fund and disposal of its assets; directing the Department of Environmental Protection to assist certain policyholders reclaim sites insured by the fund; providing that the Department of Environmental Protection is not liable for claims against the fund nor may be bound to policy terms; providing legislative findings; directing the Secretary of the Department of Environmental Protection to develop a plan to cause remediation of these sites; authorizing the Secretary of the Department of Environmental Protection to place conditions on remediation recipients; establishing criteria and preconditions for remediations; allowing persons who have undertaken remediation or expended funds to undertake remediation of sites to be reimbursed expenses; and allowing the secretary to establish conditions for reimbursement for prior or future remediations of insured sites. Effective: June 6, 2007.

LA

HB 216

26

Commercial insurance

Provides for mandatory insurance coverage or liability protection for licensees of the Louisiana Motor Vehicle Commission or motor vehicle dealers; provide for liability of purchasers with respect to vehicles in their custody pursuant to a conditional sale; provides that failure to maintain such insurance or liability protection shall result in the immediate suspension of license. Effective: August 15, 2007.

TX

HB 1070

655

Commercial insurance

Relates to the liability insurance requirements for certain amusement rides that operate in a manner similar to a train. Effective: June 15, 2007.

NJ

AB 3408

Commercial lines

Provides that no person, including, but not limited to, an insurance producer shall be liable in an action for damages on account of an applicant or insured purchasing a commercial lines insurance policy that does not comply with specified requirements of existing law. Effective: January 14, 2008.

CA

SB 138

32

Construction liability

Provides that all agreements affecting any residential construction contract that purport to indemnify the general contractor not affiliated with the builder by a subcontractor against liability for claims of construction defects or negligence are unenforceable. Effective: January 1, 2008.

FL

HB 1285

221

Construction liens

Revises provisions relating to Construction Lien Law; revises performance bond & notice requirements; establishes procedures related to recommencement of construction; provides bond requirements; requires notices, requests, or demands to be in writing; requires claims of lien to be sworn to or affirmed; provides notice of commencement requirements; provides requirements for recording amended notices of commencement; revises requirement for lienors to demand statements of account; provides procedures for service on limited liability companies; extends duration of specified liens; provides for award of attorney's fees. Effective: July 1, 2007.

CO

SB 87

118

Contractor insurance coverage

Concerns a prohibition against the shifting of financial responsibility for negligence in construction agreements. Effective: July 1, 2007.

MN

SF 1168

9

Contractor insurance coverage

Amends insurance requirements for building contractors; provides that each licensee shall maintain commercial general liability insurance, with specified limits for bodily injury and property damage; provides that the insurance shall not be canceled without the insurer first giving a written notice of cancellation to the commissioner. Effective: August 1, 2007.

NY

SB 5246

664

Contractor insurance coverage

Relates to safety requirements during excavation, insurance for construction or demolition operations and support of adjoining structures during excavation. Effective: August 28, 2007.

NC

SB 527

288

Contracts

Requires businesses that sell products or services to consumers pursuant to contracts that automatically renew unless the consumers cancel the contracts to disclose the renewal clauses. Effective: October 1, 2007.

SD

HB 1099

259

Corporate governance

Authorizes certain domestic limited liability companies and partnerships to be registered agents of foreign corporations. Effective: July 1, 2007.

NY

AB 7892

597

Corporate governance

Relates to shareholder votes in mutual companies. Effective: August 15, 2007.

OH

HB 134

24

Corporate governance -- company rules

Modifies corporation law relating to the election of directors and conforms conversion provisions of Chapter 1701 of the Revised Code with parallel provisions in Chapters 1705, 1775, and 1782 of the Revised Code; relates to alternative election standards and the shareholder's voting power; relates to obligations incurred by a partnership. Effective: Varies.

KS

HB 2112

122

Corporate governance - company rules

Concerns insurance companies; relates to corporate seals, merger authority, preparation and filing of reports, a health maintenance organization, stocks, fees, fraternal benefit societies, mutual nonprofit hospital service corporations, nonprofit medical service corporations, nonprofit dental service corporations, nonprofit optometric service corporations and nonprofit pharmaceutical service corporations. Effective: July 1, 2007.

KS

SB 162

59

Corporate governance - company rules

Concerns certain nonstock corporate actions taken without meeting, notice, vote or consent. Effective: July 1, 2007.

KS

SB 220

30

Corporate governance - company rules

Pertains to insurance companies; relates to corporate structure; relates to the board of directors of a mutual life insurance company; provides for a quorum. Effective: July 1, 2007.

OR

SB 179

716

Corporate governance - company rules

Requires an insurer to make a lump sum payment of a permanent partial disability award if requested, unless a specified condition exists; eliminates review of lump sum payments by the Director of the Department of Consumer and Business Services; authorizes the director to approve or deny certain changes of worker's attending physician or nurse practitioner; authorizes the director to assess a civil penalty against a managed care organization on the same basis as against an employer or insurer. Effective: varies.

OR

SB 603

433

Corporate governance - company rules

Provides that a domestic insurer may not have fewer than five directors and that a director need not be a shareholder or member of the insurer unless the articles of incorporation so require, but a director must be 21 years of age or older; provides the number of directors that must be residents of the state. Effective: January 1, 2008.

RI

SB 367

269

Corporate governance - company rules

Would expand the definition of commercial run-off insurer to include a Rhode Island domestic insurance company formed or re-activated for the purpose of entering into a voluntary restructuring whose liabilities consist of commercial liabilities transferred to the company with the approval of the commissioner. Effective: July 6, 2007.

RI

SB 368

240

Corporate governance - company rules

Would set standards for insurance company boards of directors as well as certain subcommittees of the board. The proposal would also require that each insurer's corporate by- laws must not be in conflict with any of the corporate governance standards in this act and that any amendment to these by-laws must receive prior approval by the department of business regulation. Effective: July 1, 2008.

LA

HB 340

148

Corporate governance -- miscellaneous

Provides relative to rights of employees to be free from reprisal and threats of reprisal for whistle blowing; relative to prohibited actions by employers against their employees, procedures of the board of ethics concerning findings relating to public involving possible criminal activity and relates to the records of the board concerning such findings; to require the posting of certain information regarding the rights of public employees; relative to penalties; and to provide for related matters. Effective: August 15, 2007.

LA

SB 253

12

Credit insurance

Relates to financing single premium insurance mortgage loans; no mortgage lender shall finance the premium amount for any single premium credit life, dismemberment, health and accident, mortgage life and disability, involuntary unemployment, or debt cancellation insurance sold unless that portion of original balance is scheduled to be fully amortized no later than the coverage expiration date of such insurance product. Effective: June 18, 2007.

NV

AB 24

29

Credit regulation

Revises provisions governing the release of a consumer report by a credit reporting agency; prohibiting a credit reporting agency from charging certain elderly consumers a fee to release their consumer reports to specific persons or for specific periods or to place security freezes in or remove security freezes from their credit files; reducing the amount of fees that may be charged by credit reporting agencies to other consumers. Effective: October 1, 2007.

NV

AB 404

218

Credit regulation

Revises provisions governing the use of credit information by insurers; regulates the use by an insurer of the credit information of a policyholder or an applicant for insurance; requires the notice explaining the reasons for the adverse action to be provided in a form approved by the Commissioner of Insurance. Effective: October 1, 2007.

TX

SB 382

502

Credit regulation

Relates to certain refund requirements regarding credit insurance; provides that a policy of such insurance must contain a written notice regarding refunds and refund requirements of the insurer; provides that in any claim or action asserted by an insured against an insurer for failure to refund any unearned premium, the insurer shall be entitled to indemnity from a holder who failed to provide the notice required. Effective: September 1, 2007.

DE

SB 31

175

Credit-based insurance scoring

Prohibits the practice of credit scoring in setting premiums for automobile and homeowners insurance in the state, and in denying applications for automobile and homeowners insurance in the state; includes insurance for motorcycles, boats, personal watercraft and recreational vehicles. Effective: January 1, 2008.

ME

H 801

74

Credit-based insurance scoring

Requires an insurer that uses consumer reports in insurance underwriting to obtain an updated credit report to recalculate the insured's insurance score and re-underwrite and re-rate the insured within 30 days of receiving the insured's request but need not do so more often than once in any 12-month period; provides that any changes in a premium do not become effective until the current policy's renewal. Effective: September 20, 2007.

MT

HB 537

275

Crop insurance

Revises state hail insurance laws. Effective: April 26, 2007.

CA

SB 430

303

Earthquake insurance

Amends existing law authorizing the state Earthquake Authority to transact basic residential earthquake insurance. Revises the definition of available capital and defines total capital for those purposes. Relates to the authorities ability to require participating insurers to make certain additional capital assessments. Provides that if claims and claim expenses paid by the authority due to earthquakes exhaust existing capital and the maximum assessments, the board may further assess participating insurers. Effective: July 1, 2008.

AR

SB 918

722

E-commerce

Requires state agencies to use or permit the use of electronic records and electronic signatures no later than June 20, 2008. Effective: July 31, 2007.

NC

SB 211

119

E-commerce

Revises the law governing electronic signatures by clarifying that public agencies may use, as well as accept, electronic signatures. Effective: June 27, 2007.

ND

SB 2192

79

E-commerce

Relates to the legal recognition of electronic records and signatures; provides for legal recognition of electronic records and electronic signatures. Effective: August 1, 2007.

AR

HB 1303

76

Farm mutuals

Permits the insurance commissioner to extend the time limit for a Farmer's Mutual Aid Association to meet statutory minimum membership requirements and to clarify the obligation to purchase any necessary indemnity reinsurance. Effective: July 31, 2007.

ND

SB 2171

261

Farm mutuals

Relates to the location of a county mutual insurance company's principal office; provides for an approved territory of operation. Effective: August 1, 2007.

TX

SB 849

47

Farm mutuals

Relating to the submission of annual reports by farm mutual insurance companies. Effective: May 8, 2007.

AR

SB 683

588

Fees

Requires the insurance commissioner to assess rural risk underwriters a fee for the expense of mailing fire department renewal subscription notices not to exceed a specified amount. Effective: March 28, 2007.

FL

SB 2162

71

Fees

Relates to local government funding; deletes specific ending date for increases to guaranteed entitlements for certain municipalities that receive revenue sharing funds; deletes specific ending date for surcharge imposed by certain local governments on penalties for non-criminal infractions; provides that a court cost applies to juvenile delinquency proceedings; deletes the surcharge imposed by certain local governments on penalties for juvenile non-criminal violation proceedings. Effective: July 1, 2007.

HI

HB 1322

214

Fees

Re-establishes the issuance and all services fees applicable to limited line motor vehicle rental company insurance producer's licensee; requires adjusters and independent bill reviewers' place of business be the place where the licensee principally conducts transactions under the license. Effective: July 1, 2007.

LA

HB 481

191

Fees

Provides for an annual financial regulation fee along with payment of any expenses associated with an examination by the insurance commissioner or investigation. Effective: July 1, 2007.

LA

HB 829

349

Fees

Provides for the distribution of a portion of the Two Percent Fire Insurance Fund to Delgado Community College for firefighter training. Effective: August 15, 2007.

MS

HB 1312

485

Fees

Provides that no county shall received insurance rebate monies until the county designates a member of the sheriff's department to be the county fire investigator and requires the designated member to attend the state fire academy for arson investigation training. Effective: July 1, 2007.

TX

SB 978

252

Fees

Relating to certain insurance premium surcharges. Effective: September 1, 2007.

WA

SB 5919

153

Fees

Provides relief from retaliatory taxes on insurance premium taxes. Effective: July 22, 2007.

DE

SB 63

39

Financial regulation

Permits domestic insurers to increase the portion of their admitted assets invested in securities issued by entities domiciled in foreign countries; increases the limit on a case-by-case for life insurers. Effective: May 30, 2007.

FL

HB 7187

249

Financial regulation

Removes scheduled repeal of exemption under Open Government Sunset Review Act for specified examination & investigation reports under Florida Insurance Code & related work papers, information, & lists of insurers or regulated companies; reorganizes exemption; defines "work papers" to narrow exemption for work papers & other information held by DFS or Office of Insurance Regulation pursuant to examination or investigation; provides for limited duration of exemption for work papers; makes editorial changes & deletes unnecessary language. Effective: October 1, 2007.

ID

HB 88

277

Financial regulation

Amends existing law relating to the Department of Insurance to incorporate a new trend test for risk-based capital levels of property and casualty insurers. Effective: July 1, 2007.

ID

HB 90

279

Financial regulation

Authorizes the department to examine insurance rate making organizations, advisory organizations, joint reinsurance organizations and group, association or any other organization of insurers which engages in joint underwriting or joint reinsurance every three years. This proposal changes the three year examination requirement for these entities to every five years. Effective: July 1, 2007.

KS

HB 2107

45

Financial regulation

Concerns insurance deposits of cash, securities, deeds, mortgages and other assets; relates to security deposits in financial institutions; includes a savings and loan association and savings bank organized in this or another state, a national or state bank or trust company which have main or branch offices in the state which is legally qualified to accept custody of securities; provides for records. Effective: July 1, 2007.

LA

HB 312

294

Financial regulation

Authorizes certain investments by domestic insurers in limited liability companies. Effective: August 15, 2007.

ME

H 890

281

Financial regulation

Amends the Insurance Code; replaces provisions regarding property and casualty actuarial opinions on insurer reserves with the model legislation adopted by the National Association of Insurance Commissioners; requires filing of the statement of actuarial opinion, the actuarial report supporting the opinion and the actuarial opinion summary by domestic insurers; excludes domestic mutual property insurers; relates to public records. Effective: January 1, 2009.

ME

H 1338

466

Financial regulation

Makes technical corrections to various State laws; makes technical and substantive changes relating to insurance company investments, mercury waste reduction plans, current use valuation of working waterfront land, estate taxes, 529 plan tax deductions, horse racing and slot machine revenues, S corporation taxes, state contracts, tobacco taxes, time share sales and taxation, community wind power generator tax rebates, advanced communications infrastructure tax rebates, and other provisions. Effective: July 2, 2007.

MD

HB 1432

110

Financial regulation

Authorizes the Maryland Insurance Commissioner to conduct a specified analysis and examine the financial condition of specified entities whenever the Commissioner considers it advisable; repealing provisions of law governing the disclosure of specified information by the Commissioner; etc. Effective: October 1, 2007.

MS

HB 1313

369

Financial regulation

Revises financial reporting requirements with the Commissioner of Insurance. Effective: July 1, 2007.

MO

SB 66

Financial regulation

Relates to insurance company investments and how boards of trustees of police and firemen's pension systems may invest monies; exempts insurance companies from certain laws; amends provisions regarding foreign investment; includes loans. Effective: August 28, 2007.

NM

SB 350

282

Financial regulation

Updates capital requirements and other provisions; relates to property and casualty insurance and life and health insurance; relates to premium taxes; relates to insurance adjuster licensure and training; relates to the insurance holding company law; provides penalties. Effective: June 15, 2007.

NC

HB 737

127

Financial regulation

Makes changes in the laws relating to the monitoring of solvency of insurance companies and other risk-bearing entities regulated by the Commissioner of Insurance; relates to credit insurance and mortgage guaranty insurance; relates to the advancement of funds to directors, officers, or controlling stockholders; relates to workers' compensation self-insurance, professional employer services, property and casualty actuarial opinions, and life insurance and annuity reserves. Effective: Varies.

RI

HB 5740

156

Financial regulation

Expands the definition of commercial run-off insurer to include a Rhode Island domestic insurance company formed or re-activated for the purpose of entering into a voluntary restructuring whose liabilities consist of commercial liabilities transferred to the company with the approval of the commissioner. Effective: June 30, 2007.

SD

HB 1054

294

Financial regulation

Revises certain requirements for the independent audit of insurers. Effective: July 1, 2007.

TX

HB 1741

303

Financial regulation

Relates to investments by insurance companies and related organizations; relates to a low-income community and programs for the allocation and investment of certified capital; relates to vested premium tax credits; provides that the maximum amount of certified capital for which premium tax credit allocation may be allowed on behalf of any one certified investor and its affiliates with respect to Program One or Program Two may not exceed a specified amount. Effective: September 1, 2007.

WA

HB 1236

127

Financial regulation

Establishes certain capital and surplus requirements necessary to transact insurance. Effective: July 22, 2007.

CA

AB 796

138

Financial regulation

Relates to adding another level of Total Adjusted Capital with respect to insurers comprehensive financial plan that is filed with the Insurance Commissioner, the marketability of securities held by an admitted insurers in order to qualify for coverage from a surplus lines broker, the capital and surpluses of Insurance Exchanges, the charging of additional premiums and deductibles for earthquake insurance, and the definition of credit default swap as it relates to financial guaranty insurance. Effective: January 1, 2008.

CA

SB 339

297

Financial regulation

Relates to existing law that provides that an insurer may make excess fund investments in shares of an open-end diversified investment company, under specified conditions. Revises and recasts the conditions applicable to an investment company in which a domestic insurer may make excess fund investments. Effective: January 1, 2008.

NJ

AB 3289

252

Financial regulation

Increases investment options for domestic property and casualty insurance companies' capital, surplus and other funds; relates to purchase of real estate; relates to mergers, investments and loans upon the security of property; relates to loans to veterans and mortgages. Effective: January 14, 2008.

NY

AB 9233

631

Financial regulation

Establishes risk-based and minimum capital requirements for property and casualty insurance companies. Effective: August 28, 2007.

NY

SB 804

275

Financial regulation

Amends the Insurance Law relating to authorizing domestic life, property/casualty, reciprocal, mortgage guaranty, cooperative property/casualty and financial guaranty insurers to enter into derivative transactions, in relation to extending the effectiveness thereof. Effective: July 18, 2007.

FL

HB 1549

224

Financial regulation

Authorizes certain agencies designated as branch office to file application for registration in lieu of licensure; provides exemption from required written examination to certain applicants for licensure as claims adjuster; authorizes certain licensed agents to be agent in charge of branch locations under certain circumstances; revises requirements for identification of insurers, agents, & insurance contracts, etc. Effective: July 1, 2007.

VA

SB 1317

360

Financial regulation

Corrects an erroneous cross-reference regarding the definition of adjusted risk-based capital reports. The measure also clarifies that negative trend, in the context of a life and health insurer, is determined in accordance with the trend test calculation included in the life insurance risk-based capital instructions. Finally, provisions regarding the trend test for property and casualty insurers are added. Effective: July 1, 2007.

IL

SB 495

305

Fire sprinkler systems

Amends the Fire Sprinkler Contractor Licensing Act. Provides that all inspections and testing of existing fire sprinkler systems and control equipment must be performed by a licensee under the Act or an individual employed and contracted by a licensee. Sets forth qualifications for individuals performing the inspection and testing duties. Relates to testing of Inspection and the Testing of Water Based Systems. Regulates state employees. Provides for testing of gauges and control panels. Effective: June 1, 2008.

CA

AB 70

367

Flood insurance

Provides that a city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that it has increased the state's exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project, unless the city or county meets specified requirements. Effective: January 1, 2008.

ID

HB 98

239

Fraud

Amends existing law relating to the Idaho Arson and Fraud Reporting-Immunity Act to revise definitions; and to revise provisions applicable to insurance fraud. Effective: July 1, 2007.

KS

SB 208

146

Fraud

Relates to the insurance department; establishes the criminal anti-fraud division; concerns criminal history records; authorizes access by the Insurance Department to criminal history record information; relates to unfair and predatory practices in the sales of life insurance to members of the armed forces. Effective: July 1, 2007.

MD

HB 1409

651

Fraud

Provides that it is a fraudulent insurance act, with the purpose of submitting a specified claim, for a person to organize, plan, or knowingly participate in an intentional motor vehicle accident or a scheme to create documentation of a motor vehicle accident that did not occur; providing that for a specified time following the date a specified report is filed with a law enforcement agency, only specified persons may access the report, with a specified exception; etc. Effective: October 1, 2007.

NH

HB 532

37

Fraud

Clarifies certain provisions of the insurance fraud law and authorizes the Commissioner of Insurance to adopt rules for the implementation of the insurance fraud law; provides for service of subpoenas for evidence collection related to insurance fraud; provides that any insurance personnel or entity which believes that an insurance related criminal activity has been committed shall make a report within a certain amount of time. Effective: January 1, 2008.

UT

HB 6

293

Fraud

Provides limited access to the Controlled Substance Database for practitioners, for the purpose of inquiring whether the practitioner's DEA number has been fraudulently used by another person. Effective: April 30, 2007.

WV

SB 381

136

Fraud

Clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commissioner to investigate fraud relating to the Public Employees Insurance Agency and to present criminal complaints directly to a magistrate; modifying the threshold for certain criminal penalties; and extending the statute of limitations for certain misdemeanors involving insurance fraud. Effective: June 8, 2007.

RI

HB 5404

341

Guaranty fund

Removes the termination date of the Rhode Island Insurers' Insolvency Fund's ability to shift money into under-funded accounts. Effective: July 6, 2007.

RI

HB 5543

88

Guaranty fund

Increases the covered claim amount under the Rhode Island Insurers' Insolvency Fund. T1, 2008. Effective: January 1, 2008.

RI

SB 103

431

Guaranty fund

Would remove the December 31, 2007 termination date of the Rhode Island Insurers Insolvency Fund's ability to shift money into under-funded accounts. Effective: July 6, 2007.

RI

SB 299

130

Guaranty fund

Increases the covered claim amount under the Rhode Island Insurers' Insolvency Fund from three hundred thousand dollars ($300,000) to five hundred thousand dollars ($500,000). Effective: January 1, 2008.

UT

HB 340

309

Guaranty fund

This bill modifies the Insurance Code by repealing existing insurer rehabilitation and liquidation provisions and enacting the Insurer Receivership Act. Effective: April 30, 2007.

AZ

HB 2188

115

Guaranty funds

Regards the Property and Casualty Insurance Guaranty Fund; relates to an insolvent insurer against whom an order of liquidation has been entered; provides for covered claims and the return of unearned premiums; provides for insurance of warranties or service contracts for repair or material defects; relates to warranty insurance and service contracts. Effective: September 19, 2007.

CT

SB 1212

21

Guaranty funds

Relates to guaranty associations and insolvent insurers; concerns the Insurance Guaranty Association with respect to covered property and casualty claims; relates to workers' compensation policies. Effective: October 1, 2007.

CA

SB 1038

100

Guaranty funds

Relates to the unearned premium that is required under the Insurance Guaranty Association which is used to provide insurer insolvency coverage. Provides that any district attorney who fails to submit an application for fraud prosecution funds to the Commissioner of the Department of Insurance by the deadline set by the commissioner shall be subject to loss of distribution of moneys. Deletes a specified report requirement of the Fraud Division. Effective: January 1, 2008.

MD

HB 26

10

Identity theft

Alters to December 31, 2007, the date by which the Task Force to Study Identity Theft is required to report to the General Assembly; and providing for an alternate date for the termination of the Task Force. Same as SB 70. Effective: April 10, 2007.

NC

HB 454

534

Identity theft

Protects the identity of individuals by authorizing the photographing of a person who is cited for a motor vehicle moving violation who does not produce a valid drivers license upon the request of a law enforcement officer when the law enforcement officer has a reasonable suspicion regarding the true identity of the person; provides a cause of action for a person whose identifying information is published over objection. Effective:

UT

HB 432

311

Identity theft

This bill requires the attorney general to maintain an Internet website to assist victims of identity-related crimes; requires that the Internet website allow a victim of an identity-related crime to report the crime and have the report routed to the appropriate law enforcement agency; and allows the attorney general to expand the website to include additional services. Effective: April 30, 2007.

UT

SB 140

94

Identity theft

This bill modifies the definition of "personal identifying information"; provides that it is a felony of the second degree when a person fraudulently uses     personal identifying information and that use results, directly or indirectly, in bodily injury to another person; and makes technical changes. Effective: April 30, 2007.

UT

SCR 1

Identity theft

Resolution urges Congress to address social security number identity theft.

WY

SF 53

162

Identity theft

Provides for notice to consumers affected by breaches of consumer information databases as specified; authorizes consumers to prohibit release of information maintained by credit rating agencies as specified; provides definitions; provides exceptions. Effective: July 1, 2007.

NY

AB 335

233

Identity theft

Prohibits a merchant from writing a customer's address or telephone number on a credit card transaction form or on any attachment thereto; removes the exception that allows merchant to record the customers name and address where the amount of the transaction is below the stores floor limit. Effective: July 18, 2007.

NY

SB 5541

346

Identity theft

Relates to police reports for victims of identity theft; requires local law enforcement agencies to take police reports of theft identity offenses; allows courts to include the value of time spent by the victims to remediate such crimes as part of restitution. Effective: July 18, 2007.

MS

SB 3034

585

Identity theft

Relates to security freeze requirements. Effective: July 1, 2007.

AR

HB 1309

85

Identity theft -- fraud

Enhances the penalty for financial identity fraud under certain circumstances; creates the offense of nonfinancial identity fraud. Effective: July 31, 2007.

LA

HB 460

312

Identity theft - personal information

Increases mandatory imprisonment when crime of identity theft involves elderly or disabled victims. Effective: August 15, 2007.

MD

HB 1036

447

Identity theft - personal information

Prohibits a person from claiming to be another person without the consent of that person with the intent of soliciting, requesting, persuading, or taking any other action to induce another to provide personal identifying information or a payment device number; providing that a person convicted of this offense is guilty of a misdemeanor; etc. Effective: October 1, 2007.

MT

HB 35

195

Identity theft - personal information

Provides assistance to victims of identity theft. Effective: October 1, 2007.

NV

AB 428

437

Identity theft - personal information

Prohibits the use of personal identifying information of another to obtain any other personal identifying information of that person without the consent of the person; increases the penalty for possessing, selling, transferring or obtaining and using the personal identifying information of another person; creates a rebuttable inference of the intent to use the personal identifying information of another person unlawfully; allows a postal inspector to make arrests for crimes related to postal matters. Effective: October 1, 2007.l

NV

AB 600

324

Identity theft - personal information

Protects certain personal identifying information; makes consistent the information protected from disclosure by public entities on certain documents; authorizes a person to request a governmental agency to redact or maintain in a confidential manner his personal information in documents submitted to the governmental agency; authorizes the use of the last 4 digits of a social security number in judgments; provi