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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 211

16

Traffic Safety

Requires the Department of Safety to inform drivers’ licensees of laws relating to blind pedestrians and to examine first-time driver's license applicants on such laws. Effective date: July 11, 2008.

HB 385

18

State Regulation

Changes certain insurance fees; provides that no insurer which is directly or indirectly owned or controlled in whole or in substantial part by any government or governmental agency shall be authorized to transact insurance in this state; clarifies applicant information for insurance claims adjuster licensing; provides that authority to transact insurance in this state shall not be given to incompetent, dishonest, untrustworthy or, unfavorable insurers. Effective date: July 11, 2008.

HB 692

1

Worker’s Compensation

Relates to an exclusion from workers' compensation for officers or members of corporations and limited liability companies; excludes contracted rental persons performing routine maintenance on state projects from providing certification of coverage; authorizes certain insureds that purchased workers' compensation insurance coverage to comply with requirements to request that insurers return a portion of the policy premium. Effective date: January 4, 2008.

HB 1130

62

DUI

Inserts references to repealed DWI statutes into motor vehicle statutes relating to habitual offenders, driving after revocation or suspension, and annulment of criminal records. Effective date: July 20, 2008.

HB 1143

240

Dogs

Relates to shelter for dogs and authority of law enforcement officers to take abused and neglected dogs into custody; provides penalties for failure to provide outdoor dogs with necessary shelter; grants Commissioner of Agriculture, Markets, and Food rulemaking authority relative to minimum shelter, tethering, and sanitary conditions for outdoor dogs; defines shelter as any natural or artificial area which provides protection from direct sunlight likely to cause heat exhaustion and to remain clean and dry. Effective date: January 1, 2009.

HB 1235

146

Traffic Safety

Requires drivers to give wide berth to stationary vehicles displaying emergency or warning lights when approaching highway emergencies. Effective date: August 5, 2008.

HB 1244

211

Insurance Audits

Amends provisions of law relating to auditable insurance policies; clarifies procedure regarding audits of workers' compensation policies; repeals an exemption from requirements that an insurer refund insurance premiums upon cancellation of a policy; provides a procedure for the audit of canceled and expired policies. Effective date: August 15, 2008.

HB 1245

67

Insurance Investigations

Clarifies the documents and records to be produced during an insurance investigation; provides that an individual or entity who is subject to the authority of the insurance commissioner shall provide the commissioner with documents and information for an insurance investigation; provides that these documents are not subject to subpoena or discovery or admissible in evidence in any private civil action; provides for public disclosure of the number and nature of complaints and inquiries filed by consumers. Effective date: July 20, 2008.

HB 1246

212

Claims Adjusters

Adds a definition of insurance claims adjuster to mean a person who investigates, negotiates, or settles property, casualty, or workers' compensation claims whether employed by or contracted by or with an insurer, a claims adjusting company, or a third party administrator; clarifies the exemptions from the law governing them; clarifies when the insurance commissioner may disapprove of forms filed by property and casualty insurers. Effective date: June 16, 2008.

HB 1279

255

State Regulation

Clarifies that foreign unlicensed insurance companies that satisfy certain requirements and are approved by the Insurance Commissioner as unadmitted surplus lines companies are not subject to any statutory provision unless such provision mentions such companies; requires a foreign insurance company to amend its corporate charter for approval as a domestic insurer; allows civil actions to recover damages for violations of consumer guaranty contracts; updates prohibited acts with regard to such contracts. Effective date: August 25, 2008.

HB 1290

147

Insurance Coverage

Establishes a committee to study insurance coverage and related issues for children required to do community service under court-approved diversion programs; provides for membership and compensation of the Committee. Effective date: June 6, 2008.

HB 1311

256

DUI

Makes various changes to statutes relating to the administration of impaired driver intervention programs; revises the duties of the Department of Health and Human Services with regard to the adoption of rules relative to such programs; establishes a commission to examine driving while impaired education and intervention programs, including the multiple offender intervention detention center program. Effective date: Varies.

HB 1318

231

Auto titles

Increases the time period within which a motor vehicle dealer must deliver information to the Department of Safety relating to motor vehicle title applications when such title is in possession of a lienholder at the time of sale. Effective date: October 1, 2008.

HB 1343

149

Commercial Auto

Prohibits the courts from placing on file, masking, deferring imposition of judgment, or allowing an individual to enter into a diversion program that would prevent the conviction of a holder of a commercial driver's license from appearing on such driver's record. Effective date: January 1, 2009.

HB 1376

153

Insurance Penalties

Relates to insurance penalties; clarifies the penalties for violations of certain insurance laws; provides any person who knowingly violates any statute, rule, regulation or order, may upon hearing, except where other penalty is expressly provided, be subject to such suspension or revocation of certificate of authority or license, or administrative fine per violations as applicable. Effective date: June 6, 2008.

HB 1378

154

Taxes and Fees

Establishes penalties for insureds and insurance producers who fail to file reports of the gross premiums charged for insurance procured or placed or remit the proper tax within the specified time period. Effective date: June 6, 2008.

HB 1414

117

Bail Bonds

Increases the fee charged by bail commissioners for their services. Effective date: August 6, 2008.

HB 1610

187

Motor Carriers

Establishes roadside inspection procedures and requirements for motor carriers. Effective date: January 1, 2009.

HB 1635

Auto Salvage

Requires the Department of Environmental Services to establish permits for maintaining and operating a motor vehicle salvage facility and operating a motor vehicle crusher. Effective date: August 10, 2008.

SB 322

35

Bail Bonds

Requires courts, jails, and police stations to post lists of professional bondsmen. Effective date: July 11, 2008.

SB 364

39

Commercial Auto

Requires a police officer to allow a tolerance of a specified percent above weight limitations for vehicles on the non-interstate and general highway system. Effective date: July 11, 2008.

SB 400

105

Bail Bonds

Clarifies the authority of bail commissioners appointed by district courts. Effective date: May 28, 2008.

SB 468

375

Reinsurance Pool

Terminates reinsurance coverage through the Small Employer Reinsurance Pool; includes government plans and non-domestic insurers in the assessment base that funds part of the costs of the State Vaccine Association and the State Health Plan; authorizes the Insurance Commissioner to annually review assessment activity related to the Association, the Small Employer Reinsurance Pool, and the State Health Plan to ensure that all members that should be assessed have reported and paid the proper assessment. Effective date:

SB 487

200

Bail Bonds

Provides that a court shall order that a person found guilty of a felony and sentenced to a term of imprisonment who has made a good faith representation that they shall file a timely appeal be detained, unless the person establishes and the court finds that the person is not likely to fail to appear to answer the judgment following the conclusion of the appellate proceeding, or pose a danger to themselves or others, or to intimidate witnesses, or otherwise to interfere with the administration of justice. Effective date:

SB 500

378

Workers’ Compensation

Prohibits employers who violate workers compensation laws from participating in public works projects; requires a list of persons who have been prohibited from participating in such projects to be maintained as an open public record; increases the penalty for employers who fail to secure workers' compensation; requires applications for workers' compensation and property or casualty insurance to include a signature of the applicant and the producer; establishes a task force on employee misclassification. Effective date: July 11, 2008.

SB 501

270

Workers’ Compensation

Clarifies workers compensation procedures for contractors on state projects; provides the Department of Labor with the same penalty collection powers as the Department of Revenue Administration; changes the edition of Guides to the Evaluation of Permanent Impairment which is used to determine permanent impairment awards under workers' compensation; establishes a committee to evaluate issues related to which edition of Guides to the Evaluation of Permanent Impairment should be used. Effective date: June 26, 2008.

SB 533

386

Driver’s License Renewals

Establishes a committee to study age-based driver's license renewal testing. Effective date: July 11, 2008.

SB 536

387

State Regulation

Reclassifies certain positions in the Insurance Department; provides that the Insurance Commissioner may appoint a senior insurance fraud investigator, an assistant property and casualty actuary, and a compliance enforcement counsel as assistants. Effective date: September 9, 2008.