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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 2

78

Motor vehicle insurance - auto body shops

Requires a garage or body shop to repair a motor vehicle in accordance with the specifications of the manufacturer of the motor vehicle and the written estimate or statement of the cost of repairs most recently agreed upon by the garage or body shop and the person authorizing the repairs; requires a body shop to comply with certain other requirements including the posting of a sign in those areas of its business informing customers seeking repairs of their rights and of the license held by the repair shop. Effective: October 1, 2007.

AB 8

26

Motor vehicle insurance - traffic offenses

Prohibits a person from being admitted to bail for at least 12 hours after his arrest for driving a vehicle or operating a vessel under the influence of intoxicating liquor or a controlled substance. Effective: October 1, 2007.

AB 13

353

Motor vehicle insurance - watercraft issues

Increases the age under which a person on a vessel is required to wear a personal floatation device. Effective: October 1, 2007.

AB 14

442

Property insurance

Makes it unlawful to carry a graffiti implement in certain places and in certain circumstances; provides that a governmental entity which incurs costs in cleaning up or removing graffiti may receive restitution if the graffiti was on public property; revises penalties for unlawfully placing graffiti on the property of another; revises provisions governing the suspension of or delay in issuing a driver's license when a person is convicted for placing graffiti on or defacing property. Effective: October 1, 2007.

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.

AB 64

279

Motor vehicle insurance - traffic safety

Makes various changes to existing law concerning the penalties imposed by a court when a defendant fails to properly secure a child in a child restraint system in a vehicle; deletes the requirement that a court order a defendant to undergo a program of training and instead requires the court to provide the defendant with a referral list of available programs of training; relates to imposition of a fine and assignment to community service. Effective: October 1, 2007.

AB 66

6

Motor vehicle insurance - traffic offenses

Requires drivers to stop at any location for a school bus displaying a flashing red light signal. Effective: October 1, 2007.

AB 71

37

Motor vehicle insurance - traffic offenses

Makes various changes to procedures when a vehicle is involved in a traffic accident; clarifies that after stopping his vehicle at the scene of an accident, the driver is required to move his vehicle or cause the vehicle to be moved, as soon as reasonably practicable, if the vehicle is obstructing traffic and can be moved safely. Effective: October 1, 2007.

AB 118

84

Motor vehicle insurance - enforcement issues

Requires the Department of Transportation to erect advisory signs at reasonable intervals on any controlled-access facility within its jurisdiction which has three or more lanes for traffic traveling in one direction to advise operators of vehicles with a declared gross weight in excess of 26,000 pounds in which lanes they should travel. Effective: October 1, 2007.

AB 141

448

Motor vehicle insurance - salvage issues

Provides for the inspection and forfeiture of certain seized vehicles or parts which have altered or missing identification numbers or marks; prohibits the disclosure of certain information related to the investigation of such a vehicle or part; prohibits a vehicle dealer, garage owner, auto wrecker, tow car operator and certain other businesses from possessing a vehicle or part which has a missing or altered identification number or mark; revises the criminal penalty for possessing such a vehicle or part. Effective: October 1, 2007.

AB 161

536

Tort reform - medical malpractice

Revises reporting requirements of insurers that issue a policy covering the liability of a physician or osteopathic physician; makes certain provisions applicable to title insurers, agents and escrow officers; revises provisions governing claims against an insolvent insurer; makes certain provisions applicable to licensed bail agents and solicitors; repeals the requirement that a trustee of a medical savings account file annually. Effective: October 1, 2007.

AB 176

270

Motor vehicle insurance -- miscellaneous

Provides for the automatic transfer of ownership of a motor vehicle, trailer, semi trailer or motorboat to designated beneficiaries on the death of the owner; provides that certain owners who hold certificates of title to registered motor vehicles, trailers or semi trailers may apply to the Department of Motor Vehicles for a certificate of title in beneficiary form which directs the Department to transfer the title to the designated beneficiary on the death of the present owner or all joint owners. Effective: October 1, 2007.

AB 181

132

Motor vehicle insurance - auto body shops

Revises provisions concerning the survey of labor rates charged by body shops; requires the Department of Motor Vehicles to allow on-line verification of a license of a body shop; requires an operator of a body shop to complete the survey as a condition for renewal of his license. Effective: October 1, 2007.

AB 227

268

Property insurance

Changes the interval between posts, structures or natural objects that must be painted with fluorescent orange paint to warn a person against trespassing to such a distance as is necessary to ensure that a person has a clear line of vision from one such post, structure or natural object to the next; requires each corner of the land to be similarly marked; requires that each side of all gates, cattle guards and openings that are designed for entry must be painted with fluorescent orange paint. Effective: October 1, 2007.

AB 266

79

Motor vehicle insurance - title issues

Requires the owner of a motor vehicle that has been declared a total loss to forward the endorsed title to the insurance company within 30 days of accepting a settlement; requires the Department of Motor Vehicles to issue a salvage title to an insurance company for a salvage vehicle in the absence of an endorsed title in certain circumstances. Effective: May 21, 2007.

AB 311

141

Motor vehicle insurance - towing issues

Provides that a tow car operator shall not impose any fees for the storage of a vehicle for a period longer than 21 days after placing the motor vehicle in storage if the vehicle was towed at the request of a law enforcement officer following an accident involving the vehicle or for a period longer than 15 days after placing any other motor vehicle in storage, unless the operator makes an attempt to ascertain the identity of the owner and provide notification that the vehicle has been towed and stored. Effective: January 1, 2008.

AB 393

544

Motor vehicle insurance - salvage title

Relates to wrecking and salvaging of vehicles; requires that a transferor of an interest in a motor vehicle indicate if the vehicle is a rebuilt or reconstructed vehicle; provides that a person shall be deemed to be engaged in a deceptive trade practice for certain activities involving motor vehicle repair; creates an account for the Bureau of Consumer Protection; authorizes undercover investigations of a person for engaging in certain deceptive trade practices or violating provisions governing garages. Effective: October 1, 2007.

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.

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

AB 489

298

Motor vehicle insurance - towing issues

Revises provisions governing the towing of motor vehicles from public or private property; allowing a civil action to be filed against the owner or person in lawful possession of real property on which public parking is restricted in a certain manner for the improper towing of a vehicle; increasing the time within which a court must hold a hearing relating to an improper towing. Effective: July 1, 2007.

AB 493

299

Motor vehicle insurance -- miscellaneous

Revises provisions relating to studded tires; authorizing the use of pneumatic tires with retractable metal-type studs on motor vehicles any time of the year so long as the studs are not engaged or extended except for certain times of the year; and providing other matters properly relating thereto. Effective: October 1, 2007.

AB 496

537

Workers' compensation - omnibus law changes

Makes various changes concerning workers' compensation. Effective: July 1, 2007.

AB 497

433

Motor vehicle insurance - traffic offenses

Transfers certain duties for training peace officers from the Department of Motor Vehicles to the Department of Public Safety; relates to revocation of driver's licenses; prohibits a person who has a temporary driver's license from obtaining another temporary license in certain circumstances; relates to issuance of motor vehicle insurance; relates to the security that must be deposited when a report of certain motor vehicle accidents involving injury, death or damage to property is received. Effective: October 1, 2007.

AB 552

49

Motor vehicle insurance -- miscellaneous

Authorizes constables to collect fees for removing or causing the removal of abandoned vehicles from public property. Effective: July 1, 2007.

AB 580

307

Motor vehicle insurance - title issues

Revises provisions relating to the disposition of fees and administrative fines for certain licenses and titles relating to motor vehicles; abolishes the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages; require that those fees and administrative fines collected be deposited to the Motor Vehicle Fund; requires that the fees collected for the issuance of salvage titles for motor vehicles be deposited with the State Treasurer for credit to the Revolving Account. Effective: July 1, 2007.

AB 584

486

Motor vehicle insurance - traffic offenses

Provides that a driver of a commercial motor vehicle who has a specified concentration of alcohol in his blood or breath or is under the influence of a controlled or prohibited substance is subject to a criminal penalty; revises certain provisions governing the issuance and renewal of drivers' licenses and identification cards to comport with the federal REAL ID Act; repeals the Driver License Compact. Effective: varies.

AB 592

341

Tort reform -asbestos & silica reform

Provides for contracting licenses for the abatement or removal of asbestos; requires the Board to adopt regulations establishing a specific limit on the amount of asbestos that a contractor not licensed to remove asbestos may remove; limits the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor's license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts. Effective: June 4, 2007.

AB 594

546

Motor vehicle insurance -auto body shops

Creates a Class A certification designation for certain body shops. Effective: October 1, 2007.

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; provides immunity to public officers and employees for certain disclosures. Effective: varies.

SB 20

126

Workers' compensation - second injury fund

Relates to industrial insurance; revises certain deadlines relating to claims against a subsequent injury account. Effective: October 1, 2007.

SB 43

432

Motor vehicle insurance - traffic offenses

Prohibits a person from organizing an unauthorized speed contest on a public highway; increases the penalty for driving a vehicle in willful or wanton disregard of the safety of persons or property; increases the penalty for driving a vehicle in an unauthorized speed contest on a public highway. Effective: October 1, 2007.

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.

SB 99

179

Workers' compensation - disputes and settlements

Provides that an employee of a contractor or subcontractor who is covered under a consolidated insurance program that is established and administered by a private company, public entity or utility that is the owner or principal contractor of a construction project is an employee of the contractor or subcontractor for purposes of determining the loss experience of the contractor or subcontractor and is not an employee of the owner or principal contractor for those purposes. Effective: July 1, 2007.

SB 100

128

Workers' compensation - benefits, claims and authorized treatments

Authorizes an employee or a dependent of an employee who receives payments for workers' compensation from an insurer or third-party administrator for a permanent total disability, death or a permanent partial disability to submit a written notice to the insurer or third-party administrator directing the insurer or third-party administrator to deposit the compensation directly into the employee's or dependent's account specified in the written notice. Effective: January 1, 2008.

SB 123

435

Public records

Makes various changes to provisions relating to public records; requires a governmental entity to take certain action in response to a written request to inspect or copy a public book or record; makes various changes regarding the confidentiality of records; authorizes a person to apply to a district court for an order to allow the person to inspect or copy certain confidential public books or records that have been in the custody of a governmental entity for a certain period. Effective: October 1, 2007.

SB 132

188

Property insurance

Expands the definition of a recreational activity for the purposes of provisions governing liability to persons using premises for a recreational activity to include cross-country skiing, snowshoeing or riding a road or mountain bicycle. Effective: October 1, 2007.

SB 206

208

Motor vehicle insurance - enforcement issues

Prohibits a local authority from adopting an ordinance or regulation or taking any other action that prohibits vehicular traffic from crossing an intersection when the red signal is exhibited if such traffic had already completely entered the intersection before the red signal was exhibited; declares that any such ordinance or regulation adopted by a local authority is void and without effect. Effective: October 1, 2007.

SB 298

462

Property insurance

Enacts provisions relating to civil liability for causing the injury or death of certain pets. Effective: October 1, 2007.

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.

SB 306

131

Motor vehicle insurance - watercraft issues

Prohibits the operation of a motorboat that is equipped with an engine cut-off switch in excess of a certain rate of speed if the engine cut-off switch or engine cut-off switch link is missing, disconnected or not operating properly; prohibits the operation of such a motorboat in excess of a certain rate of speed unless the engine cut-off switch link is attached to the body, clothing or personal flotation device of the operator. Effective: October 1, 2007.

SB 329

419

Motor vehicle insurance -- miscellaneous

Prohibits certain activities relating to the transportation and possession of animals in motor vehicles. Effective: October 1, 2007.

SB 367

248

State regulation

Makes various changes concerning administrative regulations. Effective: October 1, 2007.

SB 394

481

Motor vehicle insurance - traffic offenses

Makes changes relating to certain traffic violations. Effective: October 1, 2007.

SB 450

482

Motor vehicle insurance - commercial auto

Makes various changes to provisions relating to the regulation of oversized and overweight vehicles. Effective: July 1, 2007.

SB 519

261

Property insurance

Relates to abandoned property; makes various changes to provisions governing the annual reporting of property presumed abandoned by financial institutions and insurance companies; renames the Abandoned Property Trust Fund as the Abandoned Property Trust Account and creating the Account in the State General Fund; revises provisions governing transfers from the Account to the Millennium Scholarship Trust Fund. Effective: July 1, 2007.