2007 SUMMARY OF NEW STATE LAWS - NEBRASKA

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

LB 115

No chapter numbers are used in Nebraska

Motor vehicle insurance – auto coverage issues

Redefines an automobile liability policy for personal use vehicles; relates to renewal, nonrenewal and payment of premiums; provides for exemptions under the assigned risk plan. Effective: September 1, 2007.

LB 117

State regulation

Changes provisions relating to the Business Corporation Act, the Long-term Care Insurance Act, the Surplus Lines Insurance Act, securities, worker's compensation, fire insurance, the Viatical Settlement Act, non-admitted insurers, the Insurers Investment Act, provider training, tax on premiums from industrial insurers and captive insurers, the Senior Protection in Annuity Transactions Act; filing fees for agents, depositing insurers, assessment associations, risk assessment, fraud and insurance rates. Effective: September 1, 2007.

LB 152

Tort reform – miscellaneous provisions

Changes insurer reporting requirements regarding professional liability claims; relates to a suit in which the patient releases any professional liability claim against the insurer, health care facility, practitioner or health care service. Effective: September 1, 2007.

LB 188

Motor vehicle insurance -- miscellaneous

Eliminates a notice requirement relating to motor vehicle service contracts regarding risks; requires a motor vehicle service contract provider to be insured under a reimbursement insurance policy. Effective: May 17, 2007.

LB 256

Workers’ compensation – fund management

Changes administrative provisions relating to state government, bidding and contract requirements; provides for granting of utility easements; relates to duties assigned to the Risk Manager under the Workers' Compensation Act; relate to self-insured liability claims; relates to notification if the state agency has insufficient funds to pay settlements and judgments. Effective: September 1, 2007.

LB 286

Motor vehicle insurance – enforcement issues

Changes provisions of the Motor Vehicle Certificate of Title Act and the Motor Vehicle Registration Act to harmonize provisions; relates to farm trailers, historical vehicles, low-speed vehicles, trucks, vehicle identification numbers, limousines, identification inspections and altered certificates of title, liens, sports utility vehicles, salvage and apportionable vehicles. Effective: September 1, 2007.

LB 307

Motor vehicle insurance – all-terrain vehicles

Restricts operation of all-terrain vehicles within municipalities; relates to a controlled-access highway. Effective: September 1, 2007.

LB 358

Motor vehicle insurance – commercial auto

Changes provisions relating to interstate motor carriers; authorizes registration under the unified carrier registration plan and agreement; includes a freight forwarder; relates to the single state insurance registration system; includes transportation of waste or recyclable materials. Effective: September 1, 2007.

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:

LB 367

Tax issues

Adopts the Property Tax Credit Act; relates to estate taxes, generation-skipping transfer taxes, sales and use taxes, and income taxes; provides property tax relief in the form of a property tax credit for property taxes levied against real property; makes a technical correction to a section relating to insurance premium taxes; eliminates the use tax the gross receipts from the sale, lease, or rental of personal property for use in a wind energy project or community-based energy development project. Effective: varies.

LB 415

Motor vehicle insurance – teen drivers

Changes provisions relating to provisional operator's permits, school permits and learner permits; prohibits use of an interactive wireless communication device while driving; includes cellular phones, text messaging or laptop computers. Effective: April 26, 2007.

LB 561

Motor vehicle insurance – enforcement issues

Changes provisions relating to removal of disabled or immobilized vehicles; provides that a peace officer may remove such vehicles from a roadway without consent of the owner or driver; provides that this section does not apply if an accident is believed to involve the release of hazardous materials, hazardous substances or hazardous wastes. Effective: September 1, 2007.

LB 573

Property insurance

Adopts the Minor Alcoholic Liquor Liability Act; provides for keg identification and minors in possession of alcoholic liquor. Effective: varies.

LB 588

Workers’ compensation – benefits, claims and authorized treatments

Changes the workers' compensation hospital fee schedule, disability compensation and payment of providers; provides for reimbursement of inpatient hospital services; relates to a workers' compensation insurer, risk management pool, self-insured employer or managed care plan; prohibits collection from an employer, insurer, government, injured employer or the estate of such employee in excess of the established fee. Effective: varies.

LB 674

Identity theft – security freeze

Relates to the Credit Report Protection Act; prohibits use of Social Security numbers by employers as prescribed; provides a penalty; relates to a security freeze; requires copies of a police report evidencing that the consumer is a victim of identity theft; provides for a confirmation warning that the consumer may be denied credit because of a security freeze. Effective: varies.

LB 681

Motor vehicle insurance – salvage title

Increases motor vehicle dealer licensing fees; relates to a bond; includes motorcycle salespersons, factory representatives and distributor representative's license; requires a license for a finance company license; relates to a wrecker or salvage dealer, auctioneer and a trailer dealer's license. Effective: September 1, 2007.

LR 86

Resolution

Resolution to study the method used in Nebraska to verify proof of automobile liability insurance.

LR 100

Resolution

Resolution to study whether the insurance laws of this state should be amended in order to allow property and casualty insurance producers to charge fees for services they perform, subject to regulation by the Department of Insurance.

LR 159

Resolution

Resolution to examine the public policies under the Workers' Compensation Act; concerns current requirements of covered employees and adverse or unintended consequences to employers; concerns policy exemptions; relates to agricultural operations and full time employees; provides for an interim study by the Business and Labor Committee of the Legislature.

LR 180

Resolution

Designates the Transportation and Telecommunications Committee to conduct an interim study of sufficiency of State laws concerning off road vehicles; relates to titling, registration and operation on highways.

LR 197

Resolution

Designates the Business and Labor Committee to conduct an interim study of the Workers' Compensation Program; concerns vocational rehabilitation; concerns review of use, cost effectiveness and benefit of current programs.