Read

 E-mail Print

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

H 10

453

Motor vehicle insurance - enforcement issues

Concerns the calculation of tandem axle weight fines for 6-axle trucks hauling special commodities; concerns the axle weight fine schedules and fine increases for violations by trucks hauling forest products; concerns the elimination of axle weight fine violations during the months of January and February on most state roads; repeals sunset date for provisions. Effective: September 20, 2007.

H 86

222

Unfair trade practices

Clarifies and achieves the original intent of the Unfair Trade Practices Act concerning regulatory boards by exempting from application of the law actions expressly permitted by law by a regulatory board or officer; relates to exemptions to qualified businesses; relates to government regulation. Effective: September 20, 2007.

H 101

90

Property insurance

Relates to a model radon standards; provides that if a municipality intends to adopt a radon code or standard for new residential construction, that municipality must adopt a radon code or standard recommended by the American Society for Testing and Materials. Effective: September 20, 2007.

H 142

33

Motor vehicle insurance - all-terrain vehicles

Allows the Department of Transportation more flexibility in providing safe access for all terrain vehicle users within the public way by determining how and where all terrain vehicle access occurs on a case-by-case basis; provides for direction by the appropriate governmental unit within the public way, traveling in the same direction as motor vehicle traffic. Effective: September 20, 2007.

H 143

272

Motor vehicle insurance - teen drivers

Prohibits a person who has not attained 18 years of age from using a cellular telephone while operating a motor vehicle; makes the offense a traffic infraction; prohibits use of electronic devices for games, electronic mail and text messaging while driving. Effective: September 20, 2007.

H 149

70

Military personnel insurance-related legislation

Allows a member of the Armed Forces of the United States who is permanently stationed at a military or naval post, station or base in the state or the spouse or child of that member to register an ATV in the state at the cost of a resident registration; provides that the registration fees attributable to such a registration are allocated to the municipality in which the military or naval post, station or base is located. Effective: September 20, 2007.

H 182

38

Motor vehicle insurance - enforcement issues

Allows the Secretary of State to issue a temporary point-to-point permit to a trucker for an off-highway vehicle to haul a trailer on a highway from point to point as set forth in the permit; relates to trailers and semi-trailers; requires moving to be done during daylight hours. Effective: September 20, 2007.

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.

H 198

83

Motor vehicle insurance -- miscellaneous

Relates to reimbursement of excise tax; requires that a credit on the excise tax paid for a vehicle that is transferred, lost by fire, theft or accident or permanently junked or abandoned in the amount of the tax less a prorated amount for the portion of the registration year that the vehicle was in service be applied to the excise tax for a new motor vehicle the owner or lessee is registering within the registration year and that any remaining sum be returned by a municipality as a refund. Effective: September 20, 2007.

H 331

32

Producer licensure - agents practices

Provides an act to enhance consumer awareness of insurance sales activity; requires insurance producers to identify themselves as engaged in insurance sales activities on their business cards, in order to protect the interests of both the consumer and the producer by clearly identifying the producers' business activities; prohibits false information in advertising; prohibits use of the name of a financial institution without permission. Effective: September 20, 2007.

H 354

202

Motor vehicle insurance - all-terrain vehicles

Relates to the definition of an all-terrain vehicle in the statutes; further proposes to enact restrictions on the use of all-terrain vehicle trails, including limiting truck use on the trails designed for all-terrain vehicle use. Effective: September 20, 2007.

H 402

190

Motor vehicle insurance - fees

Establishes fees for commercial inspections of farm trucks; amends provisions regarding farm trucks. Effective: September 20, 2007.

H 433

238

Property insurance

Relates to renovation and lead notices; requires a person to give to every household in a residential structure 30 days' notice by posting and by certified mail of an activity involving lead-based paint or that has a risk of creating a lead hazard if the structure is child-occupied; provides that the notice may be a 7 days' notice if each adult who lives in the structure signs an acknowledgment and waiver form; requires a renovation notice from a landlord or other lessor. Effective: September 20, 2007.

H 443

86

Motor vehicle insurance - traffic safety

Requires law enforcement agencies to inform the Department of Public Safety of motor vehicle incidents, accidents, violations and warnings during a required time in which cellular telephones were involved; requires the Department of Public Safety to study the role that cellular telephones may have played in contributing to motor vehicle accidents, using the information received from law enforcement agencies as well as crash reports; relates to distracted driving. Effective: September 20, 2007.

H 457

51

Producer licensure - licensing requirements

Amends provisions regarding insurance connected with rental cars, personal accident insurance, liability insurance, personal effects insurance, roadside assistance, emergency sickness protection insurance and any other designated coverage; relates to a limited insurance producer employed by a motor vehicle rental company; requires availability of records; requires reports from surplus lines producers. Effective: September 20, 2007.

H 480

63

Motor vehicle insurance - traffic offenses

Relates to operating under the influence; makes the results of detectable urine-drug level and blood-drug level hospital tests admissible as evidence along with blood-alcohol level test results. Effective: September 20, 2007.

H 492

121

Motor vehicle insurance - auto equipment issues

Clarifies equipment provisions for motor vehicles; amends the equipment laws for motor vehicles by removing the specific list of aftermarket equipment prohibited and removing the prohibition on the sale of or equipping a motor vehicle with aftermarket equipment; limits the prohibition on use of a motor vehicle with aftermarket equipment to use on a public way. Effective: September 20, 2007.

H 515

150

Motor vehicle insurance - towing issues

Relates to the towing of a vehicle and the owner of an abandoned vehicle; clarifies that not only the owner of the premises where an abandoned vehicle is located but also the owner's agent may initiate and sign a notification to the Secretary of State indicating that the owner or owner's agent is in possession of an abandoned motor vehicle; shortens the period of time for retrieving the abandoned property to 7 days; provides that a vehicle may be towed at the direction of a law enforcement officer. Effective: September 20, 2007.

H 579

336

Property insurance

Relates to reducing the risk of poisoning of household pets and other animals; requires that engine coolant or antifreeze that contains more than 10% ethylene glycol or propylene glycol must include an adverse agent that makes it taste bitter so that it is rendered unpalatable; requires records of the manufacturer and packager to be furnished to the public upon request; provides limitations on liability. Effective: indefinite.

H 597

329

Motor vehicle insurance - auto coverage issues

Part M of the state highway budget repeals the electronic notification system concerning cancellations. Effective: June 19, 2007.

H 612

24

Motor vehicle insurance - enforcement issues

Restricts the issuance of driver's licenses and non-driver identification cards to residents of the state; permits nonresident students and persons on active military duty and the spouses and children of persons on active military duty to be issued non-driver identification cards; relates to migrant workers and others who may be affected by changes in eligibility requirements. Effective: September 20, 2007.

H 639

125

State regulation

Permits the Superintendent of Insurance to determine whether, and on what conditions, the Employers' Mutual Insurance Company may offer employment practices liability insurance as part of the workers' compensation policy it issues to employers in the state; provides for terms and conditions of the coverage, including terms of reinsurance necessary to protect the Employer's Mutual Insurance Company; requires approval by the superintendent and a report; authorizes a subsidiary insurer. Effective: September 20, 2007.

H 655

280

Tort reform - wrongful death

Increases the cap on wrongful death noneconomic damages; requires adjustments in the future tied to the Consumer Price Index; requires the court to inform the jury about the statutory caps on both noneconomic and punitive damages if either or both are sought in a wrongful death action. Effective: September 20, 2007.

H 671

82

Property insurance

Clarifies that a person who violates laws applicable to dance facilities commits a Class E crime; requires that incident reports be submitted by municipal fire officials to the State Fire Marshal that are consistent with a national fire incident reporting system; changes the term residential-custodial care facilities to residential board and care occupancies for the purposes of clarification and accuracy; requires an incident report for each response; includes residential board and care occupancies. Effective: September 20, 2007.

H 673

169

Motor vehicle insurance -watercraft issues

Provides a definition of a personal watercraft. Effective: September 20, 2007.

H 707

104

Motor vehicle insurance - all-terrain vehicles

Directs the Department of Inland Fisheries and Wildlife to study incentives, including possible financial incentives, to encourage all-terrain vehicle registrants to join local all-terrain vehicle clubs; requires a report. Effective: September 20, 2007.

H 751

75

Workers' compensation - self-insurance

Relates to security requirements for self-insurers; clarifies that when a surety bond or a letter of credit held as security for a workers' compensation self-insurance program is drawn, the proceeds must be held and disbursed in a manner similar to a cash deposit; specifies that all group self-insurance trusts must have cash funding to no less than the 65% confidence level. Effective: September 20, 2007.

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.

H 849

315

Property insurance

Protects from civil liability an owner, occupier or resident of a home, including a guest, from any death, personal injury or property damage that results from protecting the home or its residents from a person unlawfully present in or attempting to enter the home; provides for a defense of premises justification for the use of different degrees of force. Effective: September 20, 2007.

H 886

260

Property insurance

Clarifies existing law to ensure that a landowner is not liable for the actions of a recreational user of the land, whether those actions have an impact on the landowner's property or property of another; relates to injury to persons or property caused by persons to whom the permission is granted even if the injury occurs on the property of another person. Effective: September 20, 2007.

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.

H 935

361

Workers' compensation - benefits, claims and authorized treatments

Amends the law governing survivors' benefits under the workers' compensation laws; amends the imitation on survivors' benefits; restores the limitation on payment but removes the death benefit credits for indemnity payments made to an injured worker up to the time of death. Effective: September 20, 2007.

H 982

386

Reinsurance

Allows special purpose reinsurance contracts to facilitate the securitization of insurance risks; relates to impairment regarding reinsurance and protected cells; provides for fair value of assets under the control of the ceding insurer or held in trust for the benefit of the ceding insurer under a special purpose reinsurance contract; relates to capital market offerings, investment risks to securities, transactions swaps, written agreements, trust accounts and separation of assets and liabilities. Effective: June 21, 2007.

H 1036

213

Motor vehicle insurance - financial responsibility

Increases the minimum amount of insurance coverage mandated for medical payments from automobile liability insurance; includes policies continued and renewed. Effective: January 1, 2008.

H 1049

186

Motor vehicle insurance - auto equipment issues

Amends the law concerning automotive reflective and tinted glass by lowering the minimum standards for the percentage of light that must be transmitted through a side window or a rear window from 50% to 35% net of glass and material; expands by 1 inch the sun-screening or tinting material allowed at the top of a windshield. Effective: September 20, 2007.

H 1052

188

Rate regulation

Corrects a redundancy made by prior revisions to the rate-making law; amends the rate-filing law to require the Department of Professional and Financial Regulation, Bureau of Insurance to act on electronic filings; makes a variety of changes to the cancellation statutes; amends the definition of renewal in the casualty insurance laws by adding language concerning affiliates that the Legislature added to the property insurance law in 2005. Effective: September 20, 2007.

H 1054

437

Tax issue

This law makes one specific change applicable to insurance companies. It eliminates the requirement that an insurance company must elect a basis for reporting and paying the insurance premium tax, and increases the threshold for quarterly filing of insurance premium tax returns from $500 per year to $1,000 per year. Effective: June 1, 2008.

H 1298

350

Workers' compensation - miscellaneous provisions

Adds registered domestic partners to the list of individuals who may waive workers' compensation coverage in certain circumstances related to wood harvesting; amends provisions regarding private employers. Effective: September 20, 2007.

H 1337

355

Mold

Implements recommendations of the Working Group to Study Mold in Buildings; requires home construction contracts to contain the training received and certifications held by project supervisors; requires disclosure of the potential for conflict of interest if mold assessment and remediation services are provided by the same person or company; adds mandatory moisture control provisions to the State Model Building Code; provides for landlord-tenant disputes. Effective: September 20, 2007.

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.

S 16

78

Workers' compensation - fund management

Clarifies that decisions issued by the Workers' Compensation Board pursuant to the Revised Statutes, Title 39-A, section 360 are final agency action subject to appeal to the Superior Court whether or not a penalty is imposed. Effective: September 20, 2007.

S 17

8

Motor vehicle insurance - enforcement issues

Clarifies intent of and proper use of a 2-way traffic lane to allow a motorist to turn safely onto a public way from an entrance or driveway. Effective: September 20, 2007.

S 22

60

Motor vehicle insurance - traffic safety

Repeals prohibition on the enforcement of the seat belt law unless the driver has been stopped for a violation of another law; allows a police officer to detain and cite a vehicle operator or passenger 18 years of age or older solely for failing to wear a seat belt; prohibits inspection or search solely because of a violation of seat belt laws. Effective: September 20, 2007.

S 44

26

Workers' compensation - fund management

Authorizes the Workers' Compensation Board to opt for the Attorney General or hired private counsel to prosecute any action necessary to enforce penalties payable to the Workers' Compensation Board Administrative Fund, Employment Rehabilitation Fund or General Fund; provides for payment of Superior Court prosecution costs and attorney fees. Effective: September 20, 2007.

S 124

170

Property insurance

Establishes standards for a secure enclosure in which to confine a dangerous dog; allows the court to prohibit a person convicted of violating a court order pertaining to a dangerous dog from possessing or keeping a dog; changes penalty for bite by a dangerous dog from civil forfeiture to a fine. Effective: May 25, 2007.

S 168

383

Motor vehicle insurance - enforcement issues

Concerns motor vehicles; relates to sports utility vehicles, trucks, veteran license plates, Pearl Harbor Survivor plates, lien certificates, subsequent offenses while holding a provisional license, titles for manufactured housing and compliance with the Federal Commercial Motor Vehicle Safety Act; creates a weight definition for registration purposes. Effective: September 20, 2007.

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.

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.

S 219

84

Self-insurance

Directs the Department of Administrative and Financial Services, Risk Management Division to develop a program to self-insure elementary and secondary schools in the state for property, fire and theft losses; provides that the director may provide insurance advice for public schools. Effective: September 20, 2007.

S 359

265

Workers' compensation - disputes and settlements

Raises the penalty amount for any employer, insurer or 3rd-party administrator for an employer who has engaged in a pattern of questionable workers' compensation claims-handling techniques or repeated unreasonably contested claims; provides that an insurer's payment of penalty may not be considered an element of loss for purposes of establishing rates for worker's compensation insurance. Effective: September 20, 2007.

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.

S 439

118

Producer licensure - agent practices

Prohibits a person from using the name of a financial institution in insurance solicitations without the express written permission of that financial institution; relates to advertising in a newspaper, magazine or on radio, television or on a business card. Effective: September 20, 2007.

S 506

312

Workers' compensation - fund management

Enhances the Worker's Compensation Board Advocate Program; establishes a new Workers' Compensation Advocate Attorney classification; reclassifies other staff attorney and paralegal positions; provides a range change; provides for confidentiality of records and penalties for fraud. Effective: September 20, 2007.

S 516

250

Tort reform - arbitration agreements

Concerns binding arbitration agreements and confidentiality; limits binding consumer arbitration agreements with a consumer concerning credit and loans; includes insurance; regulates those agreements and the providers of consumer arbitration; relates to credit cards, personal loans, credit sales or other specified financial products or services. Effective: September 20, 2007.

S 643

386

Motor vehicle insurance - traffic safety

Concerns bicyclists using a drive-up window; relates to toy vehicle; requires an operator of a motor vehicle that is passing a bicycle to leave a distance of 3 feet between the motor vehicle and the bicycle; allows a person operating a bicycle to pass a motor vehicle on the right at the bicyclist's own risk; allows a motor vehicle to pass a bicycle traveling in the same direction. Effective: September 20, 2007.

S 646

348

Motor vehicle insurance - enforcement issues

Adds mopeds to the list of vehicles exempt from motor vehicle inspections; details the circumstances under which a trailer or semi-trailer must be inspected; relates to interstate commerce; repeals certain inspection requirements; provides that official inspection stations must comply with rules of the Chief of the State Police; provides for inspection station license expiration; concerns inspection station license appeal hearings; relates to property damage and vehicle repairs. Effective: September 20, 2007.

S 712

83

Motor vehicle insurance - all-terrain vehicles

Relates to development of the Outdoor Licensed Network; increases registration fees for all terrain vehicle registrations for residents and nonresidents; provides for reduced fees for documented current membership in an eligible all terrain vehicle club for a resident and a nonresident; defines an eligible club; relates to establishment of a land and water grant program. Effective: September 20, 2007.