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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2090

186

Identity theft - personal information

Authorizes the Secretary of State to refuse to file certain documents if documents contain Social Security number, state identification number, driver license number, credit card or debit card number or account number that has not been redacted; deletes requirement that certain documents filed with Secretary of State contain Social Security numbers, federal employer identification numbers and taxpayer identification numbers. Effective: June 1, 2007.

HB 2104

539

Property insurance

Reduces dormancy period for unclaimed property held by financial institutions, insurance companies and intangible equity ownership interests; changes the requirement that the holder of unclaimed property provide notice by certified mail to notice by first class mail prior to imposing service charges, ceasing payment of interest or levying fees; specifies conditions by which the owner of the property shall be deemed to have consented to renewal of property upon expiration of initial time period. Effective: January 1, 2008.

HB 2147

359

Motor vehicle insurance - teen drivers

Expands age range for denial of driving privileges for a person younger than 20 who is convicted of any offense involving the possession, use or abuse of alcohol. Effective: January 1, 2008.

HB 2148

41

Motor vehicle insurance - teen drivers

Provides that person commits a violation of liquor laws if the person is under age of 21 years and has personal possession of alcoholic beverages while operating motor vehicle; punishes a violation by maximum fine of $720. Effective: January 1, 2008.

HB 2176

195

Motor vehicle insurance - enforcements issues

Establishes the responsibility of the medical determination officer of the Department of Transportation to determine the eligibility for a driver's license of a person with a mental or physical condition or impairment that may affect the person's ability to safely operate a motor vehicle. Effective: January 1, 2008.

HB 2218

270

Workers' compensation - benefits, claims and authorized treatments

Requires an insurer to make a lump sum payment of a permanent partial disability award if requested, unless a specified condition exists; eliminates review of lump sum payments by the Director of the Department of Consumer and Business Services; authorizes the director to approve or deny certain changes of worker's attending physician or nurse practitioner; authorizes the director to assess a civil penalty against a managed care organization on the same basis as against an employer or insurer. Effective: January 1, 2008.

HB 2222

448

Workers' compensation - miscellaneous provisions

Require every public or private employer to establish and administer a safety committee or hold safety meetings; requires the Director of the Department of Consumer and Business Services to adopt rules providing for alternate forms of safety committees and safety meetings to meet special needs of small employers, agricultural employers, and employers with mobile worksites. Effective: January 1, 2008.

HB 2224

544

State regulation

Permits the Director of the Department of Consumer and Business Services by rule to specify categories of insurance for which the director need not review individual policy forms if the director finds that the Interstate Insurance Product Regulation Commission approval process provides policyholders with the same protections as or better protections than does the approval process under state law. Effective: June 22, 2007.

HB 2244

274

Workers' compensation - miscellaneous provisions

Requires the Department of Consumer and Business Services to develop a plan to eliminate the sunset of provisions related to permanent partial disability awards in workers' compensation claims. Effective: January 1, 2008.

HB 2247

365

Workers' compensation - miscellaneous provisions

Requires the Department of Consumer and Business Services to develop a plan to eliminate the sunset of provisions related to services provided by nurse practitioners in workers' compensation claims. Effective: January 1, 2008.

HB 2250

275

Workers' compensation - miscellaneous provisions

Allows the imposition of a surcharge on a workers' compensation rating plan for an assigned risk pool. Effective: January 1, 2008.

HB 2267

121

Motor vehicle insurance - enforcement issues

Allows renewal of instruction driver permit within a certain amount of time of the expiration of the permit or after the applicant is discharged from the Armed Forces; provides for fees. Effective: January 1, 2008.

HB 2268

122

Motor vehicle insurance - commercial auto

Provides that a school bus manufacturer, school bus dealer or school bus mechanic is not required to have a school bus endorsement while operating a school bus that is not transporting students; increases civil penalties for violation of out-of-service orders; eliminates exemption for holders of farm endorsements from commercial driver license disqualifications; classifies certain speeding offenses committed by holders of commercial driver licenses operating motor vehicles as serious violations. Effective: January 1, 2008.

HB 2271

50

Motor vehicle insurance - enforcement issues

Redefines registration weight to include loaded weight at which certain vehicles will be operated on the highway. Effective: May 9, 2007.

HB 2272

366

Motor vehicle insurance - miscellaneous

Adds compliance with certain low emission standards as a requirement for registration of motor vehicles of a specified model year or later; provides exemptions. Effective:

HB 2274

124

Motor vehicle insurance - traffic offenses

Eliminates sunset on law that doubles fines for traffic offenses committed in safety corridors. Effective: January 1, 2008.

HB 2275

200

Motor vehicle insurance - commercial auto

Requires operators and passengers of privately owned commercial vehicles to use safety belts if vehicle is designed or used primarily for transportation of property rather than people. Effective: December 31, 2007.

HB 2297

367

Motor vehicle insurance - enforcement issues

Establishes speed limit of 15 miles per hour for narrow roadways in residence districts. Effective: January 1, 2008.

HB 2321

127

Motor vehicle insurance - traffic offenses

Increases length of time person's license is suspended if court orders suspension because person failed to appear for traffic citation or failed or refused to pay traffic fine. Effective: January 1, 2008.

HB 2345

402

Property insurance

Eliminates lack of foreseeability as a defense in an action for economic damages against the owner of a dog that causes an injury. Effective: January 1, 2008.

HB 2384

131

Motor vehicle insurance - auto coverage issues

Provides that when insured is injured while occupying vehicle not owned by named insured, uninsured motorist coverage of insured is excess coverage. Effective: May 30, 2007.

HB 2385

287

Motor vehicle insurance - auto coverage issues

Requires a self-insurer for purposes of financial responsibility requirements to provide coverage for permissive drivers; permits recovery of amount under an insured's uninsured motorist coverage if an insured recovers from a self-insurer less than the amount of an insured's uninsured motorist coverage under applicable motor vehicle liability insurance policy. Effective: June 1, 2007.

HB 2405

69

Building codes

Expands the scope of Department of Consumer and Business Services electronic building codes information system; requires the department to make the system available for use by municipalities administering and enforcing building inspection programs; authorizes the department to develop form and format for exchanging information through electronic building code information system; imposes a surcharge on permits to defray cost of the administering electronic system. Effective: May 15, 2007.

HB 2435

630

Motor vehicle insurance -- miscellaneous

Defines vehicle appraiser for purposes of the vehicle code; creates the offense of acting as a vehicle appraiser without a certificate; establishes a maximum fine. Effective: January 1, 2008.

HB 2460

633

Workers' compensation - benefits, claims & authorized treatments

Redefines family leave to exclude leave taken by an employee who is unable to work because of a disabling compensable injury under Workers' Compensation Law; provides conditions for the use of family leave. Effective: January 1, 2008.

HB 2520

207

Motor vehicle insurance - all-terrain vehicles

Modifies the definition of a Class II all-terrain vehicle; permits a person to operate a Class II all-terrain vehicle on a highway if the vehicle is used for agricultural purposes; requires the operator of a Class II all-terrain vehicle to use a slow-moving vehicle emblem if operating on a highway. Effective: January 1, 2008.

HB 2567

406

Motor vehicle insurance - auto equipment issues

Exempts a person from the offense of unlawful use of metal objects on tires if the person uses tires with retractable studs during specified times; allows a tire dealer to sell tires equipped with non light weight studs if the studs are retractable. Effective: January 1, 2008.

HB 2568

644

Motor vehicle insurance - event data recorders

Requires the seller of a new motor vehicle to give the purchaser written notice disclosing the presence and function of a motor vehicle event data recorder; provides that data on a motor vehicle event data recorder is exclusively owned by the owner of the vehicle; allows retrieval and use of data from an event data recorder without consent of the owner for specified purposes, including an investigation of an accident and determination of the need for emergency medical treatment following an accident. Effective: January 1, 2008.

HB 2654

648

Commercial insurance

Requires a construction contractor to maintain liability insurance; directs the Construction Contractors Board to establish a continuing education system; disallows liens arising from the improvement of real property without a written contract; requires a contractor to provide maintenance information to a property owner; allows a property owner to cancel a contract; requires a contractor to offer a warranty to the first purchaser or owner of a structure or dwelling; relates to surety bonding. Effective: July 1, 2008.

HB 2751

210

Commercial insurance

Permits an insurer to issue liability insurance at a preferred rate or premium to construction contractors without violating the prohibition against fictitious groupings. Effective: June 1, 2007.

HB 2756

252

Workers' compensation - benefits, claims and authorized treatments

Changes time frame for provision of compensable medical treatment by certain medical service providers in workers' compensation system; requires the Department of Consumer and Business Services to provide medical service providers certain information about workers' compensation; requires providers to certify review of information before providing compensable services or authorizing temporary disability benefits. Effective: June 1, 2007.

HB 2758

653

Motor vehicle insurance -- miscellaneous

Allows a property owner to remove a recreational vehicle placed or driving onto property without prior consent; changes reimbursement to recreational vehicle dealer for warranty service to include dealer's shipping expense to return warranty parts to supplier; provide warrantor with alternative responses when warrantor disapproves dealer's claim for defective part; establishes warrantor requirements when warrantor issues recall. Effective: January 1, 2008.

HB 2783

656

Workers' compensation - miscellaneous provisions

Requires insurer providing workers' compensation coverage to provide notice of termination of coverage 45 days prior to effective date of termination. Effective: varies.

HB 2821

456

Motor vehicle insurance -- miscellaneous

Permits a motor vehicle hauling or towing two implements of husbandry to operate on a highway. Effective: July 6, 2007.

HB 2902

380

Motor vehicle insurance - traffic offenses

Allows issuance of fine not to exceed $720 for violation of maximum weight limits if the vehicle could have qualified for a variance permit at the time of the offense. Effective: January 1, 2008.

HB 2908

457

Motor vehicle insurance - auto coverage issues

Requires an insurance company to pay an insured up to the limits of a policy for injuries sustained by an insured in an accident with uninsured motor vehicle. Effective: January 1, 2008.

HB 2941

382

Motor vehicle insurance -- miscellaneous

Removes the requirement that motor vehicles subject to enforcement of express manufacturer's warranties be sold in this state; allows a motor vehicle seller to return items of value received for purchase or lease of a motor vehicle within 14 days of the transaction if the lender does not give final approval of funding; allows a seller to send a buyer notice that the lender has not approved financing for the motor vehicle transaction within the required time period. Effective: January 1, 2008.

HB 2943

300

Workers' compensation - benefits, claims and authorized treatments

Requires Director of Department of Consumer and Business Services to adopt by rule standards of conduct for providers of independent medical examinations in workers' compensation claims if appropriate health professional regulatory board does not adopt standards. Effective: June 13, 2007.

HB 3086

782

Motor vehicle insurance - auto coverage issues

Requires every motor vehicle liability insurance policy issued for delivery in this state to contain a provision that provides liability coverage for each family member of the insured residing in the same household as the insured in an amount equal to the amount of liability coverage purchased by the insured; relates to sums and damages that an insured person can collect from an uninsured person following a motor vehicle accident. Effective: January 1, 2008.

HB 3362

835

Workers' compensation - miscellaneous provisions

Requires Home Care Commission to elect workers' compensation coverage for certain home care workers; allows termination of temporary total disability benefits of home care workers who refuse modified employment in certain circumstances. Effective: January 1, 2008.

HB 3380

387

Motor vehicle insurance - commercial auto

Removes from the definition of commercial motor vehicle, a vehicle that is of any size and is owned or leased by, or operated under contract with, a mass transit district or a transportation district when the vehicle is actually being used to transport passengers for hire, regardless of the number of passengers. Effective: January 1, 2008.

HB 3400

686

Workers' compensation - miscellaneous provisions

Requires Home Care Commission to elect workers' compensation coverage for certain home care workers; allows termination of temporary total disability benefits of home care workers who refuse modified employment in certain circumstances. Effective: June 27, 2007.

HB 3490

692

Motor vehicle insurance -- PIP

Relates to motor vehicle personal injury insurance claims; requires the provider, upon receipt of a notice and explanation from the insurer, to repay personal injury benefits paid by the insurer based on data appearing to establish proof of loss if the insurer later determines the insurer was not responsible for payment. Effective: January 1, 2008.

SB 112

158

Tort reform -- miscellaneous

Provides alternative methods for serving corporations and limited partnerships with subpoenas for production of papers, documents, records or other tangible things in criminal actions. Effective: January 1, 2008.

SB 116

538

Motor vehicle insurance - towing issues

Prohibits and requires certain business practices by towers of motor vehicles; authorizes Attorney General to adopt rules to implement prohibitions and requirements; authorizes enforcement of violation as unlawful trade practice; makes violation grounds for loss or suspension of towing business certificate. Effective: January 1, 2008.

SB 122

304

Unfair practices

Specifies as an unlawful trade practice the mailing or delivering of a check, draft or other payment instrument that, when deposited or cashed, creates obligation in depositor or payee to pay for goods or services. Effective: January 1, 2008.

SB 130

482

Tort reform -- miscellaneous

Allows a court, with the consent of a victim, to order restitution of less than the full amount of economic damages. Effective: January 1, 2008.

SB 179

716

Corporate governance - company rules

Requires an insurer to make a lump sum payment of a permanent partial disability award if requested, unless a specified condition exists; eliminates review of lump sum payments by the Director of the Department of Consumer and Business Services; authorizes the director to approve or deny certain changes of worker's attending physician or nurse practitioner; authorizes the director to assess a civil penalty against a managed care organization on the same basis as against an employer or insurer. Effective: varies.

SB 183

574

Tort reform -- medical malpractice

Extends the reinsurance program for medical professional liability insurance policies administered by the State Accident Insurance Fund Corporation to nurse practitioners; reduces the corporation's obligation for the annual amount of the cost of the program; reduces the amount of credit the corporation may take against an assessment by the Department of Consumer and Business Services; requires the Director of the Department of Consumer and Business Services to report on the performance of the program. Effective: July 3, 2007.

SB 202

160

Workers' compensation - benefits, claims & authorized treatments

Requires farm labor contractors to provide workers' compensation insurance for workers; requires an applicant for a farm labor contractor's license to provide proof of the existence of workers' compensation insurance. Effective: January 1, 2008.

SB 221

31

Motor vehicle insurance - commercial auto

Specifies that exemption from certain state motor carrier regulations does not constitute exemption from federal motor carrier safety regulations; relates to interstate and foreign commerce. Effective: January 1, 2008.

SB 222

465

Motor vehicle insurance - commercial auto

Removes the requirement that a weight receipt or temporary pass identifying a motor carrier be carried in the vehicle; allows Department of Transportation to enter into agreement with other jurisdictions for purposes of confirming registration and accepting proof of financial responsibility for interstate motor carriers; prohibits certain interstate for-hire carriers or private carriers from operating on highways without first complying with federal registration and financial responsibility requirements. Effective: January 1, 2008.

SB 223

92

Motor vehicle insurance - commercial auto

Allows certain vehicles to exceed weight limitations when vehicle is equipped with idle reduction system; states that the vehicle may exceed the maximum weight by a certain amount; declares emergency, effective on passage. Effective: May 11, 2007.

SB 253

491

Workers' compensation -- miscellaneous

Authorizes an Administrative Law Judge who mediates a workers' compensation claim to approve a disposition agreement in certain circumstances. Effective: January 1, 2008.

SB 255

392

Motor vehicle insurance - auto coverage issues

Provides that if a motor vehicle liability insurer does not request reimbursement for recovery of personal injury protection payments from another insurer, the insurer may recover payments only through lien process or subrogation. Effective: January 1, 2008.

SB 256

328

Motor vehicle insurance - auto coverage issues

Establishes requirements, unless parties agree otherwise, for motor vehicle liability arbitration proceedings concerning uninsured motorist coverage insurance claims. Effective: January 1, 2008.

SB 268

17

Workers' compensation - fund management

Makes timeliness of service of petition for judicial review of order of Workers' Compensation Board jurisdictional; authorizes board to enter orders implementing settlement of issue during pendency of petition for judicial review with Court of Appeals; allows appellate court to dismiss petition for judicial review if settlement disposes of all issues or to limit scope of judicial review to issues not disposed of by settlement. Effective: January 1, 2008.

SB 404

Workers' compensation - benefits, claims and authorized treatments

Authorizes payment of certain reasonable fees, expenses and costs associated with litigation of workers' compensation claim if claimant prevails against claim denial. Effective: January 1, 2008.

SB 431

565

Motor vehicle insurance - towing issues

Prohibits certain business practices and requires other business practices by towers of motor vehicles; authorizes Attorney General to adopt rules to implement prohibitions and requirements; authorizes enforcement of violation of certain business practices as unlawful trade practices; makes violation of certain business practices grounds for loss or suspension of towing business certificate; modifies procedure for towing motor vehicle from private property without prior approval or authorization. Effective: January 1, 2008.

SB 504

505

Workers' compensation - benefits, claims and authorized treatments

Relates to attending physicians for workers' compensation claims; allows an emergency room physician who is not authorized to serve as attending physician to authorize temporary disability benefits for a specified maximum number of days. Effective: January 1, 2008.

SB 523

506

Motor vehicle insurance - auto body shops

Requires an insurer, before recommending that a particular motor vehicle repair shop make repairs to an insured's motor vehicle, to inform the insured of their right to select a repair shop of their choice; prohibits an insurer from limiting the cost of repairs based on the insured's choice; requires an insurer to provide written notice regarding costs to the insured if they accept the insurer's recommendation. Effective: January 1, 2008.

SB 556

432

Workers' compensation - miscellaneous provisions

Amends the procedural deadlines for an appeal of occupational safety violations by an employer before the Workers' Compensation Board; extends the time for payment of a civil penalty before the order assessing the penalty may be recorded as a judgment. Effective: January 1, 2008.

SB 559

241

Workers' compensation - miscellaneous provisions

Eliminates guaranty contracts as a method of providing workers' compensation coverage; authorizes the issuance of workers' compensation insurance policies in place of guaranty contracts; establishes requirements for a policy term based on filings related to proof of coverage and termination of coverage by insurers; allows the Director of the Department of Consumer and Business Services to adopt rules requiring electronic filing of proof of coverage with the Department of Consumer and Business Services. Effective: January 1, 2008.

SB 563

423

Workers' compensation - benefits, claims and authorized treatments

Modifies standards for approval of managed care plans that provide medical and health care services for injured workers. Effective: January 1, 2008.

SB 567

509

Motor vehicle insurance -- miscellaneous

Permits an authority to declare a vehicle with a specified gross weight parked on a freeway within the city limits at any time, a hazard or obstruction for purpose of custody and removal of vehicle. Effective: January 1, 2008.

SB 583

759

Identity theft - security breach

Requires person that owns, maintains or possesses data that includes individual personal information and is used in person's business, vocation, occupation or volunteer activities to notify individual following discovery of breach of security if personal information is included in data for which security was breached; specifies notification methods and lists exemptions from notification requirements; permits consumer to place security freeze on consumer report if consumer provides specified information. Effective: October 1, 2008.

SB 595

719

Producer licensure - miscellaneous provisions

Provides related definitions to the provisions of existing law which provides a limited license that authorizes a vehicle rental company to offer or sell insurance. Effective: July 12, 2007.

SB 603

433

Corporate governance - company rules

Provides that a domestic insurer may not have fewer than five directors and that a director need not be a shareholder or member of the insurer unless the articles of incorporation so require, but a director must be 21 years of age or older; provides the number of directors that must be residents of the state. Effective: January 1, 2008.

SB 676

346

Claims

Prohibits insurer from refusing claim on basis that claim was submitted by physician assistant rather than by supervising physician; repeals sunset provision. Effective: January 1, 2008.

SB 684

820

Unfair practices

Increases amount of damages recoverable for violations of laws regarding unlawful trade practices and unlawful debt collection; extends statutes of limitations; expands list of activities prohibited as unlawful debt collection practices. Effective:

SB 688

721

Workers' compensation - miscellaneous provisions

Modifies meaning of taxicab for purposes of determining who are subject workers under workers' compensation statutes. Effective: January 1, 2008.

SB 762

518

Workers' compensation - benefits, claims and authorized treatments

Modifies the maximum amount an employer may pay in a nondisabling workers' compensation claim; requires the Director of the Department of Consumer and Business Services to adjust the maximum amount annually to reflect changes in the Consumer Price Index. Effective: January 1, 2008.

SB 835

437

Workers' compensation - miscellaneous provisions

Requires the Workers' Compensation Management-Labor Advisory Committee to study the adequacy of workers' compensation death benefits, including burial benefits; instructs the committee to report its findings to Legislative Assembly. Effective: January 1, 2008.