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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1635

616

Workers' compensation - benefits, claims and authorized treatments

Establishes a presumption that hypertension or heart disease causing the death or disability of an officer of the police department established and maintained by the Norfolk Airport Authority is an occupational disease compensable under the Workers' Compensation Act. This bill is identical to SB 747. Effective: July 1, 2007.

HB 1704

249

Motor vehicle insurance - auto coverage issues

Grants to civilian employees of the U.S. government and contractors with the U.S. government extensions of the period of validity of their driver's licenses while serving or providing services under contract outside the Commonwealth. Effective: July 1, 2007.

HB 1778

836

Motor vehicle insurance - traffic safety

Grants localities the authority to operate traffic signal enforcement systems. Localities may install photo-monitoring systems at no more than one intersection for every 10,000 residents at one time. Provisions within the bill limit the use and retention of images recorded and provides other parameters and limitations for localities. Effective: July 1, 2007.

HB 1779

826

Motor vehicle insurance -- miscellaneous

Provides criteria for the awarding of attorney fees from the Motor Vehicle Transaction Recovery Fund. Effective: July 1, 2007.

HB 1785

437

Motor vehicle insurance - traffic offenses

Provides that law-enforcement officers lawfully engaged in the discharge of their duties are not subject to the Class 1 misdemeanor for possessing or utilizing devices designed to puncture motor vehicle tires. Effective: July 1, 2007.

HB 1795

441

Identity theft - personal information

Amends identify theft statute to correct a possible reference to a false or fictitious person as a person who may be dead or alive. Effective: July 1, 2007.

HB 1797

443

Tort Reform -- miscellaneous

Applies § 8.01-35.1 (effect of release or covenant not to sue) to all injuries to persons or property or wrongful death and removes the limiting tort language. Effective: July 1, 2007.

HB 1840

255

Property insurance

Requires a landlord or property owner to notify the tenant in writing that the full lead-based report is available upon request. Effective: July 1, 2007.

HB 1890

258

Motor vehicle insurance - traffic offenses

Clarifies that a conviction of a third offense in 10 years of driving on a license that has been suspended, revoked, or restricted because of a DUI-related offense is a Class 6 felony when such offenses are committed within the 10-year period. Current law could be interpreted to punish on the basis of the dates of convictions rather than dates the offenses were committed. Effective: July 1, 2007.

HB 1922

105

Tort reform -- miscellaneous

Allows any party to move the court for a change of venue and any party to oppose such motion. Also states that the standard of good cause shown for such motion shall include an attempt to comply with the laws of another state or the United States. Effective: July 1, 2007.

HB 1930

447

Motor vehicle insurance - enforcement issues

Exempts federal, state, and local officials from fees charged by DMV for obtaining data from DMV records. Effective: July 1, 2007.

HB 1957

449

Producer licensing - miscellaneous provisions

Requires those consultants that do not sell, solicit or negotiate insurance to enter into a written contract with clients prior to acting as a consultant. Consultants that sell, solicit or negotiate insurance will be required to enter into a written contract with clients before they purchase insurance. Currently, all consultants are required to enter into a written contract with clients prior to taking any action as a consultant. Effective: July 1, 2007.

HB 2027

188

Motor vehicle insurance - enforcement issues

Provides for half-price copies of driver record abstracts for volunteer drivers for Faith in Action. Effective: July 1, 2007.

HB 2177

190

Motor vehicle insurance -- miscellaneous

Changes "endorsement" to "classification"; allows an individual with a Virginia driver's license who successfully completes a motorcycle rider safety training course to use the documentation as a temporary motorcycle classification for 30 days; requires persons applying for a motorcycle classification who fail the road test twice to complete a motorcycle rider safety training course; allows DMV to exempt those who have completed a motorcycle safety training course from either the written materials or the road test or both; and requires the minimum paved range area used for motorcycle rider safety training courses to be consistent with the minimum range requirements established by the DMV-approved curriculum. Effective: July 1, 2007.

HB 2266

194

Motor vehicle insurance - traffic offenses

Provides that a person whose license to operate a motor vehicle has been suspended or revoked may be issued a restricted permit to drive for the purpose of providing medically necessary transportation of any person residing in the person's household with a serious medical problem upon written verification of need by a licensed health professional. Currently, the restriction is narrower, only allowing such person to drive an elderly parent for a medical necessity and to drive minor children to medical care facilities. This bill is similar to SB 886. Effective: July 1, 2007.

HB 2294

475

Workers' compensation - miscellaneous provisions

Classifies policemen, firefighters, sheriffs and their deputies, and certain other individuals who are generally deemed to be employees of their employing locality for purposes of the Virginia Workers' Compensation Act, as employees of the Commonwealth while rendering aid outside of the Commonwealth pursuant to a state-approved request under the Emergency Management Assistance Compact. Effective: July 1, 2007.

HB 2357

231

Motor vehicle insurance -- miscellaneous

Repeals the provision that allows law-enforcement officers using vehicle-based microcomputer devices to perform speed limit enforcement, upon request of any affected motorist, to show the motorist the reading on the device. Effective: July 1, 2007.

HB 2394

488

State regulation

Provides that regulatory analyses, financial analyses, and examination synopses, including working papers, concerning insurance companies or insurance transactions that are submitted to the Commission by the National Association of Insurance Commissioners shall be kept confidential. These confidentiality requirements are made applicable to health maintenance organizations. Effective: July 1, 2007.

HB 2469

290

Building codes

Relates to the statewide building code. Allows, as a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality to agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty. Effective: July 1, 2007.

HB 2497

291

Building codes

Allows a local building official to issue an annual permit for any construction regulated by the building code. Effective: July 1, 2007.

HB 2518

496

Motor vehicle insurance - traffic offenses

Prohibits the Department of Motor Vehicles from issuing or reinstating the driver's license of a person who has been convicted of driving under the influence or a related offense during the three-year period following the conviction, unless the person provides proof that he has in effect a motor vehicle liability insurance policy with limits that are double the minimum limits required generally for motor vehicle liability insurance policies. A second enactment clause provides that the bill will apply only to policies issued or renewed on or after January 1, 2008. Effective: July 1, 2007.

HB 2603

810

State regulation

Clarifies that articles of domestication shall not be filed for a foreign stock or nonstock corporation, limited liability company, or business trust until all fees, including the annual registration fee, are paid. The measure also allows business entity documents to be filed without payment of the annual registration fee on or before, rather than prior to, the due date of the annual registration fee; moves the due date for the payment of an annual registration fee for a business trust or limited partnership from September 1 to October 1; and makes other technical amendments. Effective: July 1, 2007.

HB 2640

296

Motor vehicle insurance - miscellaneous

Prohibits imposition of local vehicle license taxes and fees on inoperable vehicles and unlicensed as reconstructed or specially constructed vehicles. Effective: July 1, 2007.

HB 2789

760

Building codes

Provides that when violations of the Building Code relating to occupancy limits, where a dwelling results in not being a safe, decent, and sanitary dwelling, in a locality where the governing body has taken action to enforce the Maintenance Code, any owner, other person, firm, or corporation convicted of such violation may be punished by increased fines and confinement in jail for not more than 10 days. Currently, any violation of the Building Code is punishable by a fine of not more than $2,500. Effective: July 1, 2007.

HB 2978

679

Motor vehicle insurance - watercraft issues

Makes it a Class 6 felony to operate a watercraft while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar in a manner so gross, wanton, and culpable as to show reckless disregard for human life, and to unintentionally cause the serious bodily injury of another person resulting in permanent and significant physical impairment. The bill also adds statutes dealing with boating while intoxicated to the statute that allows written reports of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room to be admissible in evidence as a business records exception to the hearsay rule in prosecutions for DUI. This bill is identical to SB 1130. Effective: July 1, 2007.

HB 3016

703

Producer licensing - suspensions, revocations

Repeals a provision that directs the automatic termination of an insurance agent's license for failure to hold at least one active appointment within 183 calendar days from the date of issuance of the insurance license or the cancellation by an insurer of an agent's only appointment. Effective: July 1, 2007.

HB 3055

762

Property insurance

Authorizes miscellaneous casualty insurance and burglary and theft insurance policies to include appropriate provisions obligating the insurer to pay medical, hospital, surgical, and funeral expenses arising out of the death, dismemberment, sickness, or injury of any person, and death and dismemberment benefits in the event of death or dismemberment, if the death, dismemberment, sickness, or injury is caused by or is incidental to a cause of loss insured under the policy. Effective: July 1, 2007.

HB 3071

225

Motor vehicle insurance -- miscellaneous

Odometer readings. Exempts vehicles that were manufactured for a model year at least 10 years earlier than the calendar year in which a sale or transfer occurs and were previously exempt from recording an odometer reading on the certificate of title in another state from odometer reading certifications. Effective: July 1, 2007.

SB 816

589

Military personnel insurance-related legislation

Grants to civilian employees of the U.S. government and contractors with the U.S. government extensions of the period of validity of their driver's licenses while serving or providing services under contract outside the Commonwealth. Effective: July 1, 2007.

SB 1060

91

Motor vehicle insurance - traffic safety

Increases the age that children must be secured in a child restraint device from five to eight and requires that rear-facing child restraint devices for infants from birth to one year shall be secured only in the back seat of motor vehicles manufactured after January 1, 1968. The bill also removes the exemption from required child restraint device use for the rear cargo area of vehicles other than pickup trucks and increases the age from less than six years old to eight years old for the permitted use of standard seat belt equipment for certain children. Effective: July 1, 2007.

SB 1097

156

Motor vehicle insurance - miscellaneous

Eliminates the fee to receive driving record abstracts from the Department of Motor Vehicles for (i) local government group self-insurance pools, (ii) law-enforcement officers, (iii) attorneys and court officials for the Commonwealth, (iv) officials of counties, cities, and towns, and (v) court, police, and licensing officials of other states and of the federal government. Effective: July 1, 2007.

SB 1113

157

State regulation

Clarifies that an alien insurer cannot be approved as a surplus lines carrier unless it maintains at least $2.5 million in an irrevocable trust fund, in addition to capital and surplus requirements. Other provisions address the authority of the Commission to deem the capital and surplus requirements to be satisfied by an unlicensed insurer possessing less than that amount. The measure clarifies that the reporting date is March 1 unless the insurer's home state establishes a later date and makes several technical changes. Effective: July 1, 2007.

SB 1167

608

Catastrophe-related legislation

Provides a sales and use tax exemption, beginning in 2008, for certain hurricane preparedness equipment purchased during a seven-day period each year beginning on May 25. The sales and use tax holiday will sunset on July 1, 2012. Effective: July 1, 2007.

SB 1169

356

Workers' compensation - benefits, claims and authorized treatments

Authorizes an employer to deduct, from payments made as compensation under the Virginia Workers' Compensation Act to an injured employee, any payments that are made to the injured worker under the Longshore and Harbor Workers' Compensation Act. Effective: March 13, 2007.

SB 1171

609

Property insurance

Establishes a separate class of tangible personal property for aircraft that are (i) considered Warbirds, manufactured and intended for military use, excluding those manufactured after 1954, and (ii) used only for (a) exhibit or display to the general public and otherwise used for educational purposes (including such flights as are necessary for testing, maintaining, or preparing such aircraft for safe operation), or (b) airshow and flight demonstrations (including such flights necessary for testing, maintaining, or preparing such aircraft for safe operation). Effective: July 1, 2007.

SB 1314

168

Motor vehicle insurance - watercraft issues.

Makes the blood or breath testing protocol for boating under the influence (BUI) consistent with that used for driving under the influence (DUI). Effective: July 1, 2007.

SB 1317

360

Financial regulation

Corrects an erroneous cross-reference regarding the definition of adjusted risk-based capital reports. The measure also clarifies that negative trend, in the context of a life and health insurer, is determined in accordance with the trend test calculation included in the life insurance risk-based capital instructions. Finally, provisions regarding the trend test for property and casualty insurers are added. Effective: July 1, 2007.

SB 1383

393

Motor vehicle insurance -- miscellaneous

Revises procedures whereby specially constructed, reconstructed, and replica vehicles are titled and registered by DMV. Effective: July 1, 2007.