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2008 SUMMARY OF NEW STATE LAWS - MARYLAND

Maryland State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 114

487

Boiler Issues

Authorizing inspections of specified antique boilers or pressure vessels to be made by private inspectors under specified circumstances; requiring private inspectors who make specified inspections to file a report with the Chief Boiler Inspector; requiring the Chief Boiler Inspector to issue a certificate to the owner or user of specified antique boilers or pressure vessels under specified circumstances; and defining "private inspector". Effective date: June 1, 2008.

HB 221

491

Motorcycles

Altering the definition of "motorcycle" under the Maryland Vehicle Law; and making the Act an emergency measure. (See also SB 69). Effective date: May 13, 2008.

HB 225

492

Salvage Title

Authorizing the Automotive Safety Enforcement Division of the Department of State Police to collect fees charged for specified salvage inspections; requiring specified fees collected by the Motor Vehicle Administration or the Department for salvage inspections to be paid to the Automotive Safety Enforcement Division for specified purposes; etc. Effective date: October 1, 2008.

HB 277

63

State Regulation

Applying specified provisions of law to health maintenance organizations; requiring the Maryland Insurance Commissioner to adopt regulations that may be applied in emergencies or disasters; authorizing the regulations to apply to any person regulated by the Commissioner and to address specified activities; requiring that in order to activate a specified regulation, the Commissioner must issue a bulletin containing specified information; etc. Effective date: October 1, 2008.

HB 404

271

Fraud

Requiring insurers to disclose specified information regarding insurance fraud in a specified manner on specified applications for insurance and specified claim forms; providing that the lack of a specified statement does not constitute a defense in specified proceedings; providing exceptions to a specified disclosure requirement; defining "claim form"; etc. Effective date: October 1, 2008.

HB 405

72

Property Insurance

Clarifying the time at which an offer of coverage for loss that is caused by or results from water that backs up through sewers and drains must be given by insurers that issue or deliver homeowner's insurance policies; requiring insurers that sell homeowner's insurance policies to offer the coverage; requiring the offer to be made in a specified manner; etc. Effective date: October 1, 2008.

HB 478

275

Commercial Auto

Prohibiting the Motor Vehicle Administration from expunging specified driving records under specified circumstances; expanding the circumstances under which an individual is subject to disqualification from holding a commercial driver's license; providing that, on termination of a disqualification period of less than 1 year for holding a driver's license, the holder of the license may apply for reinstatement; altering the definition of "commercial motor vehicle"; etc. Effective date: October 1, 2008.

HB 488

458

Auto Records

Prohibiting a person who is not a lawyer, for personal gain, from accessing a motor vehicle accident report for the purpose of soliciting another person to sue or to retain a lawyer to represent the other person; providing for a penalty; repealing specified provisions of law; making the Act an emergency measure; etc. Effective date: May 13, 2008.

HB 646

513

Property Insurance

Altering the maximum amount of a specified property insurance deductible that a unit owner of a condominium may be responsible for from $1,000 to $5,000; etc. Effective date: October 1, 2008.

HB 684

514

Towing Issues

Establishing the Task Force to Study Motor Vehicle Towing Practices in the State; providing for the membership of the Task Force; requiring the Task Force to study issues relevant to motor vehicle towing practices in the State; requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2008; providing for the staff of the Task Force; providing for the termination of the Act; etc. Effective date: June 1, 2008.

HB 700

85

Workers' Compensation

Increasing the maximum weekly benefit for a permanent partial disability claim that is awarded to a covered employee for a period of less than 75 weeks; and providing for the application of the Act. Effective date: January 1, 2009.

HB 750

88

Property Insurance

Requiring that a specified notice of cancellation of specified binders or policies of insurance be sent by certificate of mail. Effective date: October 1, 2008.

HB 766

424

Driver Safety

Authorizing the Motor Vehicle Administration to use specified information in its records for the purpose of driver safety research, provided that personal information is not published or disclosed; authorizing the Administration to contract with third parties to assist with driver safety research; etc. (See also SB 578). Effective date: October 1, 2008.

HB 859

95

Property Insurance

Prohibits specified language limiting coverage for additional living expenses incurred by an insured as a result of a covered loss in a policy of homeowner's, fire, farm owner's, or dwelling insurance; specifies specified language in such policy is void; specifies specified actions by an insurer are not prohibited; authorizes the State Insurance Commissioner to require an insurer to provide coverage for additional living expenses under a certain policy for up to a certain time under certain circumstances. Effective date: October 1, 2008.

HB 933

98

Workers' Compensation

Applying the occupational disease presumption under the workers' compensation law to park police officers employed by the Maryland- National Capital Park and Planning Commission (MNCPPC) who contract Lyme disease under specified circumstances; providing that a specified presumption only applies for a specified period of time under specified circumstances; and providing that officers who are eligible for benefits under the Act shall receive the benefits in addition to specified retirement benefits, subject to a specified adjustment. Effective date: October 1, 2008.

HB 974

305

Traffic Offenses

Altering the condition under which the Motor Vehicle Administration will suspend the registration of a vehicle for a lapse of required security; and specifying when the suspension may take effect. Effective date: October 1, 2008.

HB 1057

530

Auto Body Shops

Requires an invoice from an automotive repair facility to state that while a customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility is not responsible for any damage to the customer's motor vehicle that is caused by an individual not employed by the automotive repair facility. Effective date: October 1, 2008.

HB 1119

374

Towing Issues

Alters the requirements for the procedures that must be followed and the equipment that must be used when one vehicle tows another vehicle in specified circumstances; authorizes the Motor Vehicle Administration to adopt specified regulations; increases a penalty. Effective date: October 1, 2008.

HB 1309

537

Mold

Requires specified persons to be licensed by the State Home Improvement Commission to provide mold remediation services; requires the Commission to adopt regulations; provides that the Act does not limit the rights of specified individuals to engage in mold remediation; establishes the purpose of the Act; provides for the powers and duties of the Commission in licensing and regulating mold remediation service providers. Effective date: October 1, 2008.

HB 1353

540

Property Insurance

Alters the requirements an insurer must meet before refusing to issue or renew specified insurance contracts solely because the insured property or the applicant's or insured's address is located within a specified geographic area of the State; requires an insurer to adopt a specified underwriting standard and file the underwriting standard with the Maryland Insurance Commissioner for approval. Effective date: October 1, 2008.

HB 1400

541

Workers' Compensation

Provides that a volunteer worker for a unit of State government is a covered employee under the Workers' Compensation Act; limits the benefits provided to a volunteer worker to certain medical services and treatment. Effective date: July 1, 2008.

HB 1426

542

Teen Drivers

Increasing from 1 year to 2 years the period in which a learner's instructional permit is valid; and repealing exceptions in law allowing a student driver who is at least 15 years of age to drive on Maryland highways without obtaining a learner's instructional permit under specified circumstances. Effective date: October 1, 2008.

HB 1581

117

Property Insurance

Providing that, with respect to private passenger motor vehicle insurance policies and homeowner's insurance policies, the transfer of a policyholder between insurers within a specified insurance holding company system is a renewal under specified circumstances; etc. Effective date: October 1, 2008.

HB 1589

331

Producer Licensure

Authorizes the State Insurance Commissioner to waive requirements for an insurance producer license for property insurance or casualty insurance for applicants who have been conferred the designation of Accredited Adviser in Insurance or Associate in Risk Management; alters the number of hours of continuing education that an insurance producer is required to receive in a renewal period; requires an insurance producer to receive a certain number of hours of continuing education in ethics. Effective date: October 1, 2008.

SB 28

14

All-terrain Vehicles

Establishing an All-Terrain Vehicle Safety Task Force; providing for the membership and duties of the Task Force; requiring the Task Force to select a chair from among its members; requiring the Task Force to make findings and recommendations regarding ATV ownership, safety equipment, educating consumers, locations for ATV use, training for ATV owners, and safety awareness; requiring an interim report to the Governor and General Assembly by December 15, 2008, and a final report by May 31, 2009; etc. Effective date: June 1, 2008.

SB 60

354

Identity Theft

Prohibiting the intentional, willful, and unauthorized copying, attempt to copy, possessing, or attempt to possess all or part of the contents of a computer database accessed in a specified manner; providing penalties for specified violations; increasing the penalty for a person who commits identity fraud where the benefit, credit, good, service, or other thing of value that is the subject of the offense has a value of $500 or greater; etc. (See also HB 1113). Effective date: October 1, 2008.

SB 61

356

Title Insurance

Establishing the Commission to Study the Title Insurance Industry in Maryland; providing for the membership, staffing, and purposes of the Commission; prohibiting Commission members from receiving compensation for serving on the Commission; requiring the Commission to make recommendations to the Governor and the General Assembly by December 15, 2009, on changes to State laws relating to the title insurance industry; etc. (See also HB 600). Effective date: July 1, 2008.

SB 174

373

Towing Issue

Altering the requirements for the procedures that must be followed and the equipment that must be used when one vehicle tows another vehicle in specified circumstances; authorizing the Motor Vehicle Administration to adopt specified regulations; increasing a penalty; etc. (See also HB 868). Effective date: October 1, 2008.

SB 274

382

Salvage Title

Altering the procedures that an automotive dismantler and recycler or scrap processor must follow to give notice to the Motor Vehicle Administration that the automotive dismantler and recycler or scrap processor has acquired title to a vehicle; providing an exception; etc. (See also HB 717). Effective date: June 1, 2008.

SB 413

578

Auto Title Issues

Designating the Motor Vehicle Administration as the agent for a nonresident driver with regard to a subpoena, summons, or other process issued in an action related to a motor vehicle accident under specified circumstances; requiring the Administration to take specified action and keep specified records; authorizing the Administration to serve as an agent for service of legal papers in specified circumstances; authorizing the Administration to set and collect a specified fee; etc. (See also HB 736). Effective date: October 1, 2008.

SB 460

581

Requiring the Motor Vehicle Administration to notify the parent, guardian, or other cosigner of a minor's driver's license application if a citation is issued to the minor charging the minor with a specified moving violation; requiring the notice provided by the Administration to contain specified information; etc. (See also HB 511). Effective date: October 1, 2008.

SB 568

422

Salvage Title

Altering the statements that describe the condition of a salvaged vehicle that specified entities are required to include with an application for a salvage certificate; expanding the categories of vehicle title brands that the Motor Vehicle Administration may apply to a salvage vehicle to include brands for flood and cosmetic damage; altering specified vehicle title brands; prohibiting the Administration from issuing a certificate of title for a vehicle if the salvage certificate for the vehicle bears a specified brand; etc. (See also HB 1167). Effective date: October 1, 2008.

SB 571

192

Bail Bonds

Providing that a surety insurer that is precluded or removed from a specified list by a circuit court due to failure to timely resolve or satisfy specified bail bond forfeitures shall be subject to specified penalties; and requiring a clerk of a circuit court to notify the Maryland Insurance Commissioner of the names of specified surety insurers and specified bond forfeitures at a specified time. Effective date: October 1, 2008.

SB 679

612

Workers' Compensation

Removing the Injured Workers' Insurance Fund from exceptions to specified provisions of law; providing that the Fund is subject to examination in accordance with specified provisions of law; authorizing the Maryland Insurance Commissioner to enforce specified provisions of law to which the Fund is subject; requiring the Maryland Insurance Administration to conduct a study and identify specified provisions of law; etc. Effective date: October 1, 2008.

SB 712

443

Traffic Offense

Establishing that if a person fails to yield the right-of-way in violation of specified provisions of law and the violation contributes to an accident that results in the death or serious bodily injury of another, the person is subject to a specified fine and the Motor Vehicle Administration is authorized to suspend the person's license for a specified period of time; etc. (See also HB 1231). Effective date: July 1, 2008.

SB 713

38

Motorcycles

Authorizing the use of specified auxiliary lighting on a motorcycle. (See also HB 1168). Effective date: June 1, 2008.

SB 789

455

Traffic Safety

Expanding a requirement relating to use of child safety seats to include specified trucks; altering requirements for the use of child safety seats to require a person transporting a child under age 8 to secure the child in a child safety seat, subject to specified exceptions; adding height to the list of reasons that a physician may use to certify that the use of a child safety seat by a particular child is impractical; etc. (See also HB 1312). Effective date: June 30, 2008.

SB 796

457

Auto Reports

Prohibiting a person, for personal gain, from accessing a specified motor vehicle accident report for the purpose of soliciting another person to sue or to retain a lawyer to represent the other person; providing for a penalty; repealing provisions of law concerning access to and disclosure of a specified motor vehicle accident report; etc. Effective date: May 13, 2008.

SB 840

461

Boiler Issue

Authorizing inspections of specified antique boilers or pressure vessels to be made by private inspectors under specified circumstances; requiring private inspectors who make specified inspections to file a report with the Chief Boiler Inspector; requiring the Chief Boiler Inspector to issue a certificate to the owner or user of specified antique boilers or pressure vessels under specified circumstances; and defining "private inspector". (See also HB 1274). Effective date: June 1, 2008.

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.