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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2031

163

Producer Licensure

Concerns insurance; redefines major line insurance to include personal lines insurance; provides that an insurance producers license may be denied, suspended, or revoked for using the license to procure insurance that covers the life, property or insurable interests of the licensee, their family, employer, employees or a firm or corporation in which they own a substantial interest; amends the definition of company action level event as it related to property and casualty insurers risk-based capital. Effective date: September 26, 2008.

HB 2081

213

Captives

Provides that existing law regulating the transaction of insurance by a captive insurer on a direct basis does not prohibit a captive insurer from directly insuring employment practices liability risk; provides that a branch captive insurer may be established in this state to write insurance or reinsurance; prohibits a limited liability company from conducting or promoting any insurance business unless it does so as an authorized title insurance agent or pure captive insurer. Effective date: September 26, 2008.

HB 2088

142

Commercial Auto

Modifies certain lighting and other safety equipment requirements for commercial vehicles, passenger buses, trucks, and truck tractors of various sizes. Effective date: September 26, 2008.

HB 2093

143

Traffic Offenses

Relates to motor vehicle violations at school crossings; provides for civil penalties for such violations. Effective date: January 1, 2009.

HB 2169

177

Vehicle Titles

Concerns vehicle title; relates to registration; relates to electronic signatures. Effective date: September 26, 2008.

HB 2228

215

Boilers

Provides that the furnishing of boiler certificate inspections that are conducted incidental to the issuance or renewal of boiler and machinery insurance shall not subject the insurer, whether domestic or foreign, its agents, or its employees to liability for damages for any act or omission in the course of performing inspections. Effective date: September 26, 2008.

HB 2355

147

Commercial Auto

Requires the Department of Transportation to develop, and publish online, easily understandable publications of the laws, rules, and policies relating to commercial and non commercial vehicles, trailers, and combinations that contain weight thresholds specifying the differences between commercial and noncommercial vehicles and vehicle combinations, equipment requirements for different weight classes of commercial an noncommercial vehicles, and allowable vehicle combinations. Effective date: September 26, 2008.

HB 2403

249

Towing Issues

Repeals a section of existing law which established the Motor Vehicle Towing Advisory Council Advise to assist the department of public safety concerning matters related to rules governing the design and operation of tow trucks in this state and in resolving complaints from consumers and tow truck operators. Effective date: September 26, 2008.

HB 2425

218

Underground Storage Tanks

Relates to the Underground Storage Tank Compliance Act; relates to certain requirements regarding modification of an underground petroleum storage tank; provides containment and release detection requirements to be met prior to installation of a hazardous substance underground storage tank; relates to hearing for an appeal of a stop use order and the affixing of a stop use tag to an underground storage tank not in compliance with law. Effective date: September 26, 2008.

HB 2680

47

Auto Equipment

Exempts pickup trucks of a certain size and certain trailers from a prohibition against operating a truck, trailer, semitrailer or bus on a highway unless the vehicle is equipped with rear fender splash guards that comply with certain specifications. Effective date: September 26, 2008.

HB 2732

246

Vehicle Titles

Relates to the contents of a certificate of title for a motor vehicle; provides that at the request of an owner and on payment of a fee the certificate of title may contain a transfer on death provision where the owner may designate a beneficiary of the title; relates to a special nonresident registration permit issued to a nonresident who purchases an unregistered vehicle in this state for removal to the state of residence of the purchaser; relates to tax liability of nonresident motor vehicle purchasers. Effective date: September 26, 2008.

HB 2813

308

Civil Procedure

Provides that in any civil action the finder of fact may find the defendant not liable if the defendant proves that the claimant was attempting to commit, committing, or fleeing from a felony or misdemeanor criminal act and as a result of that act, attempted act, or flight was at least 50% responsible for the accident or event that caused the claimant's harm. Effective date: September 26, 2008.

HB 2828

169

Workers' Compensation

Provides that a workers' compensation claim shall not be reopened if the initial claim for compensation was previously denied by a notice of claim status or determination by the Workers' Compensation Commission and the notice or determination was allowed to become final and no exemption excusing a late filing to request a hearing applies; relates to the time in which a claim for temporary partial disability benefits must be filed after the compensation accrual or benefit finality. Effective date: September 26, 2008.

SB 1086

122

Producer Licensing

Extends the period of time that a person is allowed between passing an examination for an insurance producer's license and applying for licensure with the Director of the Department of Insurance and further extends that time for an individual called into active military service. Effective date: September 26, 2008.

SB 1125

187

Workers' Compensation

Concerns workers compensation benefits; relates to an increased civil penalty imposed on an employer who willfully or repeatedly violates rules related to administration or payment of workers compensation benefits to an employee or their benefits in each case where the employee's injury results in permanent disability or death. Effective date: September 26, 2008.

SB 1156

188

Auto Theft

Provides that any personal or vehicle information that is voluntarily submitted by a person to the Automobile Theft Authority or that is disseminated by the Authority to another state agency as part of a program designed to reduce the incidence of automobile theft is not public information and is not subject to public disclosure. Effective date: September 26, 2008.

SB 1165

258

Salvage Title

Concerns salvage and stolen vehicle title; provides that if a vehicle subject to titling or registration becomes a salvage, stolen, or nonrepairable vehicle and is acquired by an insurance company as a result of a total loss insurance settlement, the insurance company shall submit an application to the department after the title is properly assigned with all liens released on a form prescribed by the department for a salvage, stolen vehicle or nonrepairable vehicle certificate of title. Effective date: September 26, 2008.

SB 1167

294

All-terrain Vehicles

Provides for the mitigation of damage to natural resources caused by off-highway vehicles; establishes the Off-Highway Vehicle Recreational Fund made up in part by monies collected pursuant to the off-highway vehicle user fee; provides certain off-highway vehicle equipment requirements; provides rules regarding license plates, including license plate fees, for all-terrain, off-highway, and off-road recreational vehicles; provides traffic penalties for violations. Effective date: January 1, 2009.

SB 1185

43

Identity Theft

Adds a new section to the article in existing law concerning consumer reporting agencies and fair credit reporting; relates to credit reports, credit scores, and security freezes; provides that any consumer reporting agency that is grossly negligent or that acts willfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, attorney fee and court costs; relates to certain notification to be issued and records to be maintained regarding a security freeze. Effective date: September 1, 2008.

SB 1238

275

Fire Safety

Authorizes a County Board of Supervisors to adopt and enforce ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county that are private property islands within the boundaries of a national forest or United States Bureau of Land Management or state land holdings when a determination of emergency is issued by the County Emergency Management Officer and the Board deems it necessary to protect public health and safety. Effective date: June 19, 2008.