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2007 SUMMARY OF NEW STATE LAWS - NORTH DAKOTA

North Dakota State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1037

271

Motor vehicle insurance - traffic offenses

Relating to the criminal procedure for driving without liability insurance; and to provide a penalty. Effective: August 1, 2007.

HB 1038

570

Workers' compensation - benefits, claims and authorized treatments

Relates to workers' compensation benefits for the catastrophically injured, additional benefits payable, death benefits, supplemental benefits, and loans for education; provides for application. Effective: March 28, 2007.

HB 1068

326

Motor vehicle insurance - commercial auto

Provides that a person may drive a commercial motor vehicle without a commercial drivers license when the vehicle is being driven for military purposes or when a political subdivision of a certain size needs additional drivers for snow removal; relates to out-of-state convictions for commercial license sanctioning purposes. Effective: July 1, 2007.

HB 1069

325

Motor vehicle insurance - traffic offenses

Relates to unlawful use of a driving license, points entered against a driving record, addiction evaluation for a temporary restricted license, witnesses for interpretation of a chemical test, and an advisory given before a screening test; relates to seizure of an operator's license and a report from an appropriate licensed addiction treatment program; provides for indigent defendants to subpoena the person who drew the defendant's blood. Effective: August 1, 2007.

HB 1081

166

Motor vehicle insurance - enforcement issues

Relates to requirements for drivers of school buses and school vehicles; provides that a driver, in order to be eligible to transport students or other passengers, must hold the appropriate class of driver's license together with any special endorsement otherwise required by law. Effective: August 1, 2007.

HB 1089

345

Motor vehicle insurance -- miscellaneous

Concerns the Abandoned Motor Vehicle Fund; relates to suspension of the tax on initial motor vehicle certificates of title upon accrual of certain amount in the Fund by a yearly deadline; concerns low-speed vehicle weight classifications and equipment; relates to a tax on initial motor vehicle certificate of title; relates to a safety belt assembly. Effective: August 1, 2007.

HB 1094

245

Underground storage tanks

Concerns underground storage tank regulations; prohibits adoption of regulations more stringent than requirements of the federal Resource Conservation and Recovery Act and the federal Energy Policy Act in effect on August 1, 2007; provides for public hearings. Effective: August 1, 2007.

HB 1114

329

Motor vehicle insurance - enforcement issues

Revises provisions of existing law that set out the determining factors is setting speed limits. Effective: August 1, 2007.

HB 1140

572

Workers' compensation - benefits, claims and authorized treatments

Relates to a workers' compensation inflationary adjustment for injured employees with long-term temporary partial disabilities; provides for application; relates to a lump-sum inflation adjustment for qualified claims. Effective: August 1, 2007.

HB 1156

469

Workers' compensation -- miscellaneous

Relates to expiration of the workers' compensation review committee of workforce safety and insurance claims. Effective: August 1, 2007.

HB 1158

324

Motor vehicle insurance - enforcement issues

Relates to a restricted permit to operate an automobile; provides that a child may operate an automobile that is not the parent's or guardian's to take a road test. Effective: August 1, 2007.

HB 1183

346

Motor vehicle insurance -- motorcycles

Relating to motorcycle handlebars. Effective: August 1, 2007.

HB 1205

347

Motor vehicle insurance --motorcycles

Relating to motorcycle lights. Effective: August 1, 2007.

HB 1296

250

Tax issues

Relates to distribution of insurance premiums tax collections to emergency medical services operations; relates to the insurance premiums tax collections; requires a report on the assessment of the state's emergency medical services system; relates to billing; provides for an appropriation. Effective: July 1, 2007.

HB 1319

120

Property insurance

Relates to the use of and liability for deadly force by an individual; provides that a duty to retreat or avoid force does not apply under certain circumstances; relates to public servants and guards, an occupied motor home or travel trailer, a duly licensed physician, forcible entry and attempted removal of another against that person's will; awards reasonable court costs and attorney fees. Effective: August 1, 2007.

HB 1334

167

Motor vehicle insurance - enforcement issues

Relates to requirements for drivers of school vehicles for which a commercial driver's license is not required; requires training and a health care examination. Effective: August 1, 2007.

HB 1359

340

Motor vehicle insurance - auto equipment issues

Relates to rear-end protection of trucks and trailers; provides for a legislative study; relate to required protection on a rear-end dump truck or trailer while being used for hauling agricultural or other farm products from a place of production or on a farm storage site to a place of processing or storage. Effective: October 1, 2008.

HB 1390

419

Property insurance

Relates to liability insurance coverage by the department for damage to property caused by foster children; provides for self-insurance; restricts deductibles; provides that such coverage is secondary to any other coverage; provides for exclusions from coverage. Effective: August 1, 2007.

HB 1396

339

Motor vehicle insurance - traffic offenses

Relating to determination of alcohol concentration by breath testing. Effective: August 1, 2007.

HB 1400

327

Motor vehicle insurance - commercial auto

Relates to commercial driver's license exemptions; provides such exemption for the operators of a farm vehicle that transports trees; provides that a waived or restricted commercial driver's license to include employees of retailers and suppliers of trees. Effective: July 1, 2007.

HB 1411

571

Workers' compensation - benefits, claims and authorized treatments

Relates to workers' compensation benefits for modification of real estate and vehicles; provides for application. Effective: March 23, 2007.

HB 1417

438

Identity theft - security freeze

Relates to security freezes on consumer credit reports; provides a penalty; provides an effective date; declares an emergency; relates to victims of identity theft; relates to a copy of a police report; provides for proper identification and temporary lifting of the security freeze; provides for a fee. Effective: June 1, 2007.

HB 1445

348

Motor vehicle insurance - all-terrain vehicles

Relates to equipment of registered off-highway vehicles; relates to the operation of off-highway vehicles, mirrors, horns, speedometers, odometers, brake lights, lighted headlamps and a motor of a specified size; provides that a licensed driver over age 16 may operate such registered vehicle on a paved highway not to exceed a specified speed. Effective: August 1, 2007.

HB 1460

567

Workers' compensation - miscellaneous provisions

Relates to the workforce safety and insurance board membership and compensation; relates to employee awards and incentive spending authority; provides for a legislative study; provides for transition. Effective: August 1, 2007.

HB 1465

343

Motor vehicle insurance - enforcement issues

Relates to the definition of motor-powered recreational vehicles; relates to the licensing of motor-powered recreational vehicle dealers; includes a motorcycle, off-highway vehicle or a snowmobile; provides for the dealer enforcement fund; relates to dealer plates. Effective: July 1, 2007.

HB 1468

338

Motor vehicle insurance - traffic offenses

Relating to temporary operator permits after testing for alcohol. Effective: August 1, 2007.

HB 1517

574

Workers' compensation - fund management

Relates to release of information by workforce safety and insurance; provides for privacy of records and hearings; provides that a representative organization may provide an injured employee's insurer information regarding the injured employee's claim. Effective: August 1, 2007.

HCR 3062

624

Motor vehicle insurance - teen drivers

A concurrent resolution directing the Legislative Council to study solutions to the problem of underage drinking.

SB 2042

566

Workers' compensation - benefits, claims and authorized treatments

Relates to the workers' compensation presumption of compensability for firefighters and law enforcement officers; provides for retroactive application; provides that if a medical examination produces a false positive result for a covered condition, the organization shall consider the condition to be a compensable injury; provides that in the case of a false positive result, neither the coverage of the condition nor the period of disability may exceed a specified number of days. Effective: August 1, 2007.

SB 2052

379

State regulation

Provides an exception from private investigative licensing for fire origin and cause investigations. Effective: August 1, 2007.

SB 2065

265

Producer licensure - licensing requirements

Relating to elimination of mandatory prelicensing education requirements for insurance producers. Effective: August 1, 2007.

SB 2067

259

State regulation

Relates to sharing of confidential documents by the national association of insurance commissioners with international insurance regulators; relates to regulatory and law enforcement officials that are required to maintain confidentiality. Effective: August 1, 2007.

SB 2086

533

Motor vehicle insurance - auto equipment issues

Relates to use of notarized total loss statements within three years of day of issuance; relates to purchase price. Effective: August 1, 2007.

SB 2092

568

Workers' compensation - fund management

Provides for deposit into the risk management workers' compensation fund; relates to costs associated with workers' compensation loss control programs; relates to payments for workplace safety, insurance premiums for state agencies and claims not covered by the deductible contract. Effective: August 1, 2007.

SB 2112

323

Motor vehicle insurance - enforcement issues

Relates to drivers' licenses and nondriver photo identification cards, and issuance of such to individuals of nonresident status legally residing in the United States; relates to renewal and expiration dates. Effective: August 1, 2007.

SB 2113

337

Motor vehicle insurance -- miscellaneous

Relates to refusing motor vehicle registration, adopting the unified carrier registration plan, and claiming a motor vehicle excise tax exemption; exempts vehicles in excess of a specified weight if a motor carrier's vehicles are titled and registered in the state. Effective: April 12, 2007.

SB 2123

569

Workers' compensation - benefits, claims and authorized treatments

Concerns workers' compensation; relates to employers, rates, premiums, discounts, preferred providers, experience rating, release of confidential information, employer's certificate of premium payment, release of confidential information, the maximum experience rating of employers, premium discounts in risk management programs, preferred providers and roughrider industries; obligates employers to pay premiums; relates to delinquent and uninsured employers; includes prison industry work programs. Effective: August 1, 2007.

SB 2146

328

Motor vehicle insurance - traffic offenses

Relates to proof of driver's insurance; provides that during the investigation of an accident, the driver may be charged with a violation if the driver fails to provide satisfactory proof of insurance within three days of the request. Effective: August 1, 2007.

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.

SB 2175

331

Motor vehicle insurance - enforcement issues

Revisions the provisions of existing law that governs the right of way at intersections. Effective: August 1, 2007.

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.

SB 2284

277

Wrongful death

Relates to exemption from process for proceeds of a wrongful death or personal bodily injury recovery; provides for a legislative council study. Effective: August 1, 2007.

SB 2294

575

Workers' compensation - disputes and settlements

Relates to reopening of Workforce Safety and Insurance claims that are presumed closed; provides that such claim may not be reopened unless the presumption is rebutted by clear and convincing evidence that the work injury is the primary cause of the current symptoms. Effective: August 1, 2007.

SB 2296

264

Rate regulation

Relates to a non-competitive market, insurance company rate filings and policy forms; provides for a commercial risk market that has been found to be noncompetitive; relates to the crop hail, farm owners and medical malpractice insurance markets that have not been found to have a reasonable degree of competitiveness; relates to Department of Justice merger guidelines for an un-concentrated market; relates to pricing and availability; relates to a private passenger automobile or homeowner rate filing. Effective: August 1, 2007.

SB 2389

573

Workers' compensation - benefits, claims and authorized treatments

Relates to workers' compensation permanent impairment awards; relates to a permanent impairment multiplier; provides that if an injured employee qualifies for an additional award and a prior award was based upon the number of weeks, the impairment multiplier must be used to compare against the prior award of weeks in determining any additional award. Effective: August 1, 2007.

SB 2411

263

Boiler Issues

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

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.