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Issue

Bill #

Bill Description

Miscellaneous Provisions

(Notice Requirements for Commercial Risk Policies)

HB 413

Revises notice requirements if percentage of increase of rates or factors included in the definition of supplementary rate information on a commercial risk policy will be increased by more than 25 percent to notifying if premiums will be increased by more than 25 percent if the increase is the result of comparing policies of equivalent exposures. Effective: 4/12/2005. P. L. 52 (2005).

("Anti-affiliation" Provision Eliminated)

HB 1275

This bill would eliminate Tennessee's "anti-affiliation" provision, which prohibits an insurance agent or broker, who is owned or controlled directly or indirectly by, or who is employed by, a bank holding company, a bank which is a subsidiary of a bank holding company, or any other subsidiary or affiliate of a bank holding company, from negotiating any policy of insurance other than credit life insurance, credit accident and health insurance and comprehensive physical damage insurance on motor vehicles, mobile homes, and recreational vehicles. Effective: 3/21/2005. P.L. 8 (2005).

(Stock Disclosure Requirement for Corporate Officers)

HB 1639

Requires an insurance company officer, director, or committee member must disclose their stock or ownership interest in order to own or have an ownership interest in publicly traded stock or in a regulated financial institution under this bill. Also, this amendment would permit insurance company officers, directors, and committee members to own or have an ownership interest in a company that does business with their insurance company in the ordinary course of business on terms no less favorable to the insurance company than are available to other customers of the company. Effective: 4/25/2005. P.L. 101 (2005).

(Loss Run Information Required Within 30 Days)

SB 92

Requires commercial lines insurers, within thirty days of request, to provide insured or producer of record copy of insured's prior three-year loss run history; requester may appeal to the commissioner for relief if the requested information is not timely produced. Effective: 7/1/2005. P. L. 165 (2005).

(Producer Exemption for Rental Agreement Sellers)

SB 141

Exempts from insurance producer license requirements persons who sell optional insurance in connection with motor vehicle rental agreements that are less than 90 days in duration. Effective: 7/1/2005. P.L. 58 (2005).

(Home Inspector Licensing Requirements)

SB 302

Establishes licensing procedures for home inspectors. Effective: 4/18/2005 to allow promulgation of rules; otherwise effective on 7/1/2006. P.L. 65 (2005).

(Liability of Boat Owners)

SB 758

Clarifies that a person engaged in the business of selling, repairing, or manufacturing boats may loan a boat to a consumer or potential consumer, and during that time the operator of the boat is liable for any negligence or violations of law that occur while operating the boat. Effective: 5/27/2005. P.L. 238 (2005).

(Tax Preparation Service Liability)

SB 1129

Requires a tax preparation service company to obtain surety bonds. Effective: 5/28/2005. P.L. 274 (2005).

(Vehicle Product Protection Warranties)

SB 1347

Establishes regulations for vehicle product protection warranties. Effective: 7/1/2005. P.L. 244 (2005).

(Examiner Compensation)

SB 2261

Adds amending language to existing statutory provisions for the compensation of examiners. Effective: 5/27/2005. P.L. 251 (2005).

(Building Codes and Standards)

SB 2263

Revises various provisions governing statewide building codes and the codes governing buildings to be accessed by handicapped persons. Effective: 7/1/2006. P. L. 284 (2005).

Motor Vehicle Insurance

(School Buses Allowed Flashing Lights)

HB 370

Adds school buses to the list of motor vehicles that can use flashing red and white lights. Effective: 5/9/2005. P. L. 154 (2005).

(Avoid Collisions With Objects in Road)

HB 821

Requires that every driver of a motor vehicle exercise due care to avoid collisions with any object in the road or legally placed beside a road. Effective: 7/1/2005. P. L. 198 (2005).

(Child Restraint Requirements)

HB 823

Changes minimum height requirement from 5 feet to 4 feet 9 inches which triggers the provisions whereby the person transporting the child is responsible for the proper use of a seat belt for children between nine and 12 years of age. Also specifies that the provision of this bill and the provisions of Chapter 299 of the Public Acts of 2003, which revised child booster seat and restraint system requirements including evidence admissibility provisions, only apply to civil actions that arise on or after their respective effective dates. Effective: 7/1/2005. P.L. 55 (2005).

(Restriction on Stationary Vehicle Hunting)

HB 1272

Prohibits individual from hunting from a stationary automobile, motor vehicle or watercraft. Effective: 5/4/2005. P.L. 109 (2005).

(Subrogation Actions)

SB 154

Establishes presumption of damages for default judgments in subrogation actions. Effective: 7/1/2005. P. L. 22 (2005).

(Penalties for ATV Use on Certain Properties)

SB 770

Imposes $50 fine for riding an ATV upon land of another without landowner's permission; if damages to land occur, then court may order restitution be made to landowner. Effective: 7/1/2005. P.L. 175 (2205).

(Motorcycle Helmet Requirement)

SB 928

Requires driver of motorcycle or motorized bicycle to wear either a crash helmet or a bicycle helmet conforming to standards of specified testing agencies. Effective: 7/1/2005. Not yet signed by Governor.

(Emergency Vehicle Driver Certification)

SB 1174

Requires all persons who drive emergency vehicles to be certified and to have at least two hours of annual training. Effective: 1/1/2006. P. L. 243 (2005).

(Motorcycle Handlebar Restriction Removed)

SB 1265

Removes restriction that motorcycle handlebars be less than 15 inches higher than the operator's seat. Effective: 7/1/2005. P.L. 136 (2005).

(Fee Hike for Vehicle Salvage Conversion)

SB 2289

Increases the maximum fee for each conversion of a vehicle salvage document to a rebuilt title from $45.00 to $75.00. Effective: 7/1/2005. P. L. 130 (2005).

Privacy Issues

(Restrictions on Credit Card Numbers)

HB 1095

Prohibits anyone who accepts credit or debit cards for business transactions to print or cause to be printed more than five digits of the card number or the expiration date of the card. A violation of the provisions of this bill is punishable as a Class B misdemeanor and through private rights of action and civil penalties. Effective: 5/13/2005. P. L. 161 (2005).

(Clarification on Confidentiality of Medical Records)

HB 1557

Provides that the Patient's Privacy Protection Act and the medical records statute may not be construed to create an agreement to maintain medical information as confidential if disclosure is permitted or required by state or federal law or the Tennessee Rules of Civil Procedure. Effective: 5/4/2005. P.L. 113 (2005). (Same as SB 1576).

(Breach of Information Security Notice Requirements)

SB 2220

Requires persons, businesses or government agencies that discover a breach of information security resulting in disclosure of unencrypted personal information about persons to unauthorized third parties to provide notice of such disclosure. Doesn't apply to anyone subject to Title V of the federal GLBA Act. Effective: 7/1/2005. Governor has not yet signed.

(Medical Records Exception for Division of Health)

SB 2311

Adds requirements for division of health related boards to obtain patient's medical records without signed waiver when investigating a complaint; requires disputes regarding reasonableness of division's record requests to be decided by Davidson County Chancery Court. Effective: 5/4/2005. P.L. 118 (2005).

Property Insurance

(French Drain Exemption)

HB 681

Requires that French drains shall not apply to manufactured homes installed in any portion of a mobile home or manufactured home trailer park, operating as such on or before January 1, 2004, in which all the lots have underground utilities. Effective: 5/13/2005. P. L. 160 (2005).

(Standards Revision for Smoke Detectors)

SB 2264

Revises standards for installation of smoke detectors for one or two-family rental units and residential buildings. Effective: 1/1/2006. P. L. 148 (2005).

Traffic Issues

(Habitual Offenders)

HB 89

Relates to habitual offenders. Effective: 7/1/2005. P.L. 213 (2005).

(Sentence for First-Time DUI Offenders)

HB 581

Authorizes judge to sentence first-time DUI offenders to remove litter from highways for 48 hours in lieu of 48 hours of incarceration. Effective: 7/1/2005. Governor has yet to sign bill.

(Illegal Highway Entrances)

HB 927

Increases penalties for construction of illegal entrances onto public highways. Effective: 7/1/2005. P. L. 220 (2005).

(Restricted License Requirement)

HB 671

Allows person whose license has been suspended for having been convicted of a driving offense and for the subsequent failure to pay a fine or cost imposed for that offense to apply to the court for issuance of a restricted license. Effective: 7/1/2005. P. L. 155 (2005).

(Unsafe Motorboat Penalty)

HB 1269

Any person who interferes with the safe operation of any motorboat or vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person commits a Class C misdemeanor. Effective: 5/17/2005. P. L. 181 (2005).

(Restricted Drivers' Licenses)

HB 2306

Revises provisions governing the issuance of restricted driver license; adds offenses to those that constitute serious traffic violations; provides for dismissal of charge of driving commercial vehicle without a commercial license if the offender comes into compliance with law prior to court date; revises other various provisions regarding driver licenses and safety. Effective: 7/1/2005. P.L. 235 (2005).

(Driver Restriction on Cell Phone Usage)

SB 36

Prohibits driver possessing learner permit or intermediate driver license from operating motor vehicle while engaged on cellular telephone; violation is Class B misdemeanor punishable by $100 fine and delayed eligibility for next license type; creates affirmative defense for bona fide emergency. Effective: 7/1/2005. P.L. 236 (2005).

(Penalties for Methamphetamine Use While Driving)

SB 293

Creates the Class B misdemeanor offense, punishable by a fine only of up to $500, of possession of five grams or more of methamphetamine while operating a motor vehicle. A second or subsequent violation would be a Class A misdemeanor punishable by a fine only of $1,000. Effective: 7/1/2005. P.L. 209 (2005).

(Alcohol Vaporizing Devises)

SB 631

Creates Class A misdemeanor of establishment licensed to sell alcohol for consumption on premises selling alcoholic beverage that is dispensed by alcohol vaporizing device or maintaining, using, or allowing another to maintain or use such a device on the premises. Effective: 7/1/2005. Governor has yet to sign bill.

(Inoperable Traffic Light)

SB 634

Clarifies that when a traffic light is flashing drivers should stop if it is flashing red and yield if it is flashing yellow. Effective: 7/1/2005. P. L. 15 (2005).

(Restricted driver's license)

SB 896

Increases the reasons for which a trial judge may issue a restricted driver license to a driver convicted of DUI to include attendance at an outpatient alcohol or drug treatment program. Effective: 5/27/2005. P.L. 239 (2005).

(Payment of Outstanding Judgments for Traffic Violations)

SB 1089

Authorizes a Shelby County court clerk to establish an amnesty plan for delayed and reduced payment of certain outstanding judgments based on failure to pay local fines by persons whose licenses have been suspended. Effective: 7/1/2005. P.L. 241 (2005).

Workers' Compensation

(Appeals Panel Sunset Date Averted)

HB 440

Removes September 1, 2006, expiration date for the special workers' compensation appeals panel thereby permitting Supreme Court to refer cases to such panel after that date. Effective date: 7/1/2005. P.L. 28 (2205).

(Medical Fee Schedule Rule Deadline Extended)

HB 720

Extends deadline for commissioner of labor and workforce development to file proposed rules with clerks and designated standing committees regarding comprehensive medical fee schedule, from February 15, 2005, to April 1, 2005. Effective: 3/21/2005. P.L. 7 (2005).

(Chiropractic Sunset Removed)

HB 762

Removes the June 30, 2005, sunset provision for chiropractic inclusion on the workers' compensation panels if the injury is a back injury; authorizes more than 12 visits per back injury if approved by the employer. Effective: 5/4/2005. P.L. 107 (2005).

(Chiropractor Added to Cost Containment Committee)

HB 477

Adds a chiropractor to the membership of the medical care and cost containment committee. Effective: 5/4/2005. P.L. 105 (2005).

(Contractor License Renewal Requirement)

SB 751

Requires contractors to show proof of workers' compensation coverage relative to applying for or renewing a contractor's license. Effective: 5/9/2005. P. L. 133 (2005).

(Penalty Provisions Extended for Fee Schedule)

SB 1578

Requires that the penalty provisions of rules on a comprehensive medical fee schedule are not effective until January 1, 2006. Effective: 5/19/2005. P.L. 188 (2005).