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2007 SUMMARY OF NEW STATE LAWS - TENNESSEE

Tennessee State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 80

235

Motor vehicle insurance - traffic offenses

Concerns highways, roads and bridges; requires the Department of Transportation to provide written notice to the Speakers of the House and Senate at least a certain number of days prior to a modification in the maximum weight of load allowed on public highways. Effective: July 1, 2007.

HB 200

170

Identity theft - security freeze

Creates the Credit Security Act; authorizes consumer to place a security freeze on their consumer credit report; provides a credit agency must develop procedures involving the receipt and processing of such freeze; provides that any person who obtains a report or requests a freeze fraudulently is liable for specified damages; provides procedures for the protection of legally obtained social security numbers; provides for identify theft passports for victims of identity theft. Effective: January 1, 2008.

HB 201

308

Motor vehicle insurance - motorcycles

Adds driving motorcycle while front tire is off the ground to offense of reckless driving; violation is a Class B misdemeanor. Effective: July 1, 2007.

HB 238

171

Motor vehicle insurance - traffic offenses

Permits judge to issue a restricted driver license to person following DUI conviction for the sole purpose of going to and from the person's probation office. (Same as SB 294). Effective: May 15, 2007.

HB 275

7

Motor vehicle insurance -- miscellaneous

Revises criminal offenses relating to driving while viewing video broadcasts or installing such video equipment in motor vehicles. (Same as SB 498). Effective: July 1, 2007.

HB 362

239

Bail bonds

Relates to the duration of a bond or recognizance; provides that if a defendant appeals a verdict, then the defendant has to make a new bond to the court of criminal appeals unless the bond has not been released to a bail bondsmen. (Same as SB 885). Effective: May 24, 2007.

HB 365

240

Motor vehicle insurance -- miscellaneous

Clarifies that only disabled drivers, disabled passengers, and qualified operators acting under express direction of such disabled persons who are present as passengers are allowed to use disabled parking spaces. (Same as SB 889). Effective: July 1, 2007.

HB 698

447

Motor vehicle insurance - traffic offenses

Provides that a traffic citation that is based solely upon evidence obtained from a surveillance camera that has been installed to enforce or monitor traffic violations shall be for a non-moving traffic violation. Effective: July 1, 2007.

HB 851

139

Motor vehicle insurance - miscellaneous

Requires written motor vehicle accident reports, including those prepared by law enforcement and those prepared by the owner or driver of a vehicle involved in an accident, to include insurance policy names and policy numbers. (Same as SB 224). Effective: July 1, 2007.

HB 968

248

Motor vehicle insurance -- miscellaneous

Clarifies that with respect to being authorized to move a motor vehicle located on private property from such property, such action may occur if so ordered by a municipal court. (Same as SB 1624). Effective: May 24, 2007.

HB 1112

251

Motor vehicle insurance - traffic offenses

Provides that the Department of Transportation shall have no authority to suspend or revoke the driver license of an operator or chauffeur for the commission of any offense, conviction or other act qualifying for the suspension or revocation of a driver license, if such offense, conviction or act occurred more than a certain number of years prior to the date the revocation or suspension would take effect. Same as SB 1663). Effective: July 1, 2007.

HB 1154

450

Motor vehicle insurance - enforcement issues

Allows the municipalities of the state to set speed limits on the public roads and streets within their jurisdictions that are not a part of the state or federal road systems; requires an engineering and traffic investigation prior to a municipality establishing a special speed zone on a state highway; requires signs and traffic control devices that comply with national standards designating such zones. Effective: July 1, 2007.

HB 1407

317

Motor vehicle insurance - traffic offenses

Concerns driver licenses; places a cap on the restoration or reinstatement fees imposed for suspensions related to traffic citations. (Same as SB 1908). Effective: July 1, 2007.

HB 1454

255

Bail bonds

Concerns bail and bail bonds; allows a court to grant an extension when a defendant fails to appear in court instead of entering a conditional judgment. (Same as SB 459). Effective: May 24, 2007.

HB 1813

359

Workers' compensation - fund management

Relates to workers compensation insurance; concerns insurance companies, agents, brokers, policies; removes provision whereby certain statutes relating to rates and rate filings that were in existence in 1996 will be revived effective July 1, 2007. Effective: June 5, 2007.

HB 1827

194

Motor vehicle insurance -- miscellaneous

Removes provisions for certificates of driving; provides for temporary driver licenses for persons whose presence in the country has been authorized by the federal government. Effective: October 1, 2007.

HB 2174

70

Property insurance

Relates to the removal of certain devices from dogs; provides that a person who removes from a dog an electronic or radio transmitting collar without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provides that if the dog wearing an electronic or radio transmitting collar is lost or killed as the proximate result of the removal of such collar, the person commits a Class A misdemeanor. (Same as SB 2282). Effective: July 1, 2007.

SB 143

276

Property insurance

Imposes liability upon owner of a dog that causes injury to another regardless of whether the dog had any past propensity for viciousness or whether the owner had knowledge of the dog's viciousness. (Same as HB 108). Effective: July 1, 2007.

SB 267

278

Motor vehicle insurance -- miscellaneous

Relates to the sales of automobiles; when a transferor transfers a vehicle by executing and delivering a bill of sale to a transferee who is a dealer, such dealer shall satisfy all liens on the vehicle and obtain a certificate of title within thirty (30) days of such transfer. (Same as HB 221). Effective: July 1, 2007.

SB 270

214

Motor vehicle insurance -- miscellaneous

Creates new offense of knowingly leaving child under seven in motor vehicle without supervision; punishable by permissible safety training and as Class B misdemeanor by $200 fine for first offense and $500 fine for second or subsequent offense. (Same as HB 304). Effective: July 1, 2007.

SB 291

279

Motor vehicle insurance - traffic offenses

Sets a limit of $400 for unpaid fines for certain city or county traffic offenses for purposes of driver license reinstatement unless an installment payment plan is in place. (Same as HB 180). Effective: July 1, 2007.

SB 322

378

Workers' compensation - benefits, claims and authorized treatments

Authorizes the commissioner of labor and workforce development to issue an order assigning temporary responsibility for paying benefits among insurance carriers and a self-insured employer when there is a dispute as to which carrier should pay benefits, when an employer changes insurance carriers, or, having been self-insured, becomes insured, or having been insured becomes self-insured, and the compensability of the claim is not in dispute. Effective: June 8, 2007.

SB 418

185

Motor vehicle insurance - watercraft issues

Clarifies laws related to boating regulation and safety, updates boating laws to account for new technologies, and increases boating under the influence penalties for first and second time offenders. Effective: July 1, 2007.

SB 425

403

Workers' compensation - benefits, claims and authorized treatments

Clarifies that social security offset does not apply to death benefit in permanent total disability cases and prohibits confidentiality of certain documents, including medical documents, received by a specialist when ordering initiation of temporary and medical benefits. Effective: June 11, 2007.

SB 614

121

Motor vehicle insurance -- miscellaneous

Makes advertising that the seller or lessor of a radar or laser detector or jamming device will pay the customer's motor vehicle traffic citation a violation of the Consumer Protection Act as well as a criminal offense. (Same as HB 146). Effective: May 23, 2007.

SB 730

108

Bail bonds

Concerns Criminal Procedure; adds offenses of rape, statutory rape by an authority figure, aggravated child abuse, and stalking to list of offenses for which the judge must revoke bail immediately upon conviction. Effective: July 1, 2007.

SB 767

28

Motor vehicle insurance - enforcement issues

Broadens criminal provisions involving unlawful use of driver licenses to include use of certificates for driving and all other government-issued photo identification documents. (Same as HB 387). Effective: July 1, 2007.

SB 883

328

Motor vehicle insurance -- miscellaneous

Concerns Consumer Protection; allows consumer who purchases motor vehicle from a dealer, when such sale is conditioned on final approval of financing and the dealer fails to obtain such financing within three days, to return the vehicle and void the transaction. (Same as HB 361). Effective: March 1, 2008.

SB 1480

289

Motor vehicle insurance - title issues

Concerns Motor Vehicles, Titling and Registration; broadens applicability of documentation procedure for issuance of certificate of title for vehicle lacking proper documentation to any vehicle by removing present applicability only to vehicle valued at $3,000 or less. (Same as HB 2117). Effective: July 1, 2007.

SB 1600

181

Motor vehicle insurance -- miscellaneous

Clarifies that security interests or liens in motor vehicles by companies whose principal purpose is loaning money and taking a security interest or lien in the property subject to the loan are not subject to provisions requiring a written notice of assignment of the security interest or lien. (Same as HB 383). Effective: May 16, 2007.

SB 1612

329

Motor vehicle insurance - commercial auto

Authorizes department of safety to regulate all for-hire motor carrier vehicles for eight or more passengers; and requires such motor carriers to maintain liability insurance, submit drivers to drug and health screening, and submit vehicles to safety examinations. (Same as HB 90). Effective: July 1, 2007.

SB 1672

330

Workers' compensation - benefits, claims and authorized treatments

Concerns workers' compensation; corrects cross-reference to definition section in the provision limiting the maximum total benefit. (Same as HB 278) Effective: July 1, 2007.

SB 1764

168

Commercial insurance

Provides that public buildings insurance policies shall be obtained by the State Treasurer subject to the approval of the Board of Claims; provides that the State Treasurer, with the approval of the Board of Claims, shall consider bid proposals from admitted carriers and also non-admitted surplus lines carriers under certain circumstances; provides that if a certain insurance rating company changes or amends its rating methodology, the Board of Claims shall adopt a minimum rating requirement. (Same as HB 1849). Effective: May 15, 2007.

SB 1775

513

Workers' compensation - miscellaneous provisions

Provides that any person who has drawn unemployment compensation benefits and who subsequently receives compensation for temporary disability benefits under a workers' compensation law with respect to the same period shall be required to repay the unemployment compensation benefits provided the amount to be repaid does not exceed the amount of temporary disability benefits; provides that parties entering into the benefit review conference process are required to mediate in good faith. Effective: July 1, 2007.

SB 1916

479

Motor vehicle insurance - towing issues

Adds an authorized agent of the owner, in addition to the owner, of the private property from which the vehicle is to be towed to those persons from whom a towing firm may obtain authorization to tow the vehicle. Effective: June 26, 2007.

SB 1982

228

Producer licensure - licensing requirements

Concerns insurance companies, agents, brokers, policies; adds requirements to persons applying for an insurance producer license; provides that a resident applying for an insurance producer license shall pass a written examination, register and complete either an on-line or classroom study program, and be at least a certain age. (Same as HB 1680). Effective: May 24, 2007.

SB 1994

481

Motor vehicle insurance -- traffic offenses

Creates a Class C misdemeanor offense subject to a fine only for a parent or legal guardian to permit a minor to operate or be a passenger on an off-highway motor vehicle on certain property without wearing an appropriate helmet for such a vehicle; authorizes municipalities to adopt mirror ordinance and to issue a traffic citation in lieu of arrest for a violation; provides an exception for minors who are commuting for the purpose of hunting and have a valid hunting license. Effective: July 1, 2007.

SB 2169

338

State regulation

Concerns the Department of Commerce and Insurance; authorizes the commissioner to assess a civil penalty of up to $5,000 against an insurance company for each separate violation of a statute, rule, or order, unless another civil penalty amount is specifically provided for in the applicable statute, rule, or order. (Same as HB 2232). Effective: June 14, 2007.

SB 2200

339

Military personnel insurance-related legislation

Provides that the mortality tables adopted by the National Association of Insurance Commissioners for life insurance contracts may be used by insurers to determine adjusted premiums, present values and reserve values; provides that it is a deceptive practice to replace a life insurance policy or an annuity contract in a manner contrary to certain rules; provides that the commissioner has the authority to adopt rules to protect service members of the Armed Forces from predatory insurance practices. (Same as HB 2255). Effective: June 4, 2007.

SB 2202

232

State regulation

Concerns Mobile Homes and Manufactured Buildings; authorizes the commissioner of commerce and insurance to levy penalties, including civil penalties, for violations of requirements for modular buildings; specifies that ready-removables are not modular building units for regulatory purposes; makes other technical changes relative to modular buildings. (Same as HB 2257). Effective: January 1, 2008.

SB 2259

300

Workers' compensation - claims, benefits and authorized treatments

Concerns Workers' Compensation; revises workers' compensation provisions, including provisions regarding second injury fund assessments when death results from the injury or occupational disease and provisions governing awards and attorney's fees; provides that an employer shall pay burial expenses of an employee who is deceased because of an injury or occupational disease. (Same as HB 2307). Effective: May 30, 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.