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2008 SUMMARY OF NEW STATE LAWS - TENNESSEE

Tennessee State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 398

775

Auto Theft

Relates to motor vehicle anti-theft; concerns criminal offenses; authorizes Davidson County police to investigate motor vehicle theft and violations of motor vehicle registration laws in addition to Department of Safety's officers; provides the police department shall have the concurrent jurisdiction with the criminal investigation division to investigate theft and recovery of stolen vehicles in any county of a certain population. (Same as SB 1360). Effective date: January 1, 2009.

HB 831

878

Traffic Offenses

Relates to the offense of driving under the influence of an intoxicant and the consequence of so driving; provides the court may order an offender to participate in an alcohol and drug safety DUI school, and/or a drug offender school program and a drug alcohol assessment or treatment or both, or in lieu of or in addition to those requirements, the attendance at a victims impact panel program and a fee to help offset the cost of such program. Effective date: July 1, 2008.

HB 1645

1041

Workers' Compensation

Concerns workers' compensation; requires a person engaged in the construction industry, including principal contractors, intermediate contractors and subcontractors are required to carry workers' compensation insurance; provides that a sole proprietor or partner engaged in the construction industry is not required to carry workers' compensation on themselves if they are doing work directly for the owner, but shall be required to carry workers' compensation insurance on any subcontractor, employee or worker. (Same as SB 1748). Effective date: December 31, 2009.

HB 2547

651

Accident Response Fees

Concerns Motor Vehicles; prohibits a local government or any person from assessing an accident response service fee on an insurance company, the driver or owner of a motor vehicle, or any other person for the response or investigation by a law enforcement agency of a motor vehicle accident. (Same as SB 3888). Effective date: April 1, 2008.

HB 2653

776

Traffic Safety

Relates to rights of way of pedestrians; concerns traffic safety; provides unless a marked school zone when a warning flashers is in operation when traffic control signals are not in operation, the driver shall yield right of way, slowing down or stopping to yield to a pedestrian crossing the roadway within a crosswalk and remain stopped until the pedestrian has crossed the roadway. (Same as SB 3077). Effective date: July 1, 2008.

HB 2994

1151

Teen Drivers

Eliminates issuance of M-limited licenses, which allow minors between 14 and 16 to operate motor-driven cycles or motorized bicycles. (Same as SB 3159). Effective date: July 1, 2008.

HB 3170

835

Workers' Compensation

Concerns Workers' Compensation benefits; provides that an employer shall designate a group of three or more reputable physicians or surgeons not associated together in practice, if available in that community, from which an injured employee shall have the privilege of selecting an operating surgeon and the attending physician. (Same as SB 3350). Effective date: July 1, 2008.

HB 3400

841

Workers' Compensation

Relates to workers compensation; removes the requirement that sponsoring associations submit to the commissioner of commerce and insurance on at least an annual basis confirmation that participants comply with requirements for qualifying as self-insurers. (Same as SB 2944). Effective date: May 7, 2008.

SB 1291

1169

Financial Responsibility

Provides that on or before the court date, a person charged with a violation of the financial responsibility law may submit evidence of financial responsibility at the time of the violation; provides that if it is the persons first violation, the charges shall be dismissed and that for the second or subsequent violation, the charges may be dismissed. Effective date: July 1, 2008.

SB 2650

1025

Workers' Compensation

Concerns Workers' Compensation; defines the AMA guide for impairment ratings as the sixth edition of the American Medical Association Guides to the Evaluation of Permanent Impairment; provides for evaluation of subsequent editions. (Same as HB 2571). Effective date: June 3, 2008.

SB 2657

616

Auto Financial Responsibility

Concerns motor vehicle financial responsibility law; provides minimum requirements for written proof of liability insurance coverage provided by a single limit policy following a specified date. (Same as HB 2549). Effective date: March 18, 2008.

SB 2815

1194

Watercraft Penalties

Creates the criminal offense of leaving the scene of a boating accident; provides that the penalty is a Class A misdemeanor when an injury results from the accident or a Class E felony when death results from the accident. (Same as HB 2761). Effective date: July 1, 2008.

SB 2852

633

Consumer Protection

Concerns consumer protection; requires written confirmation to a consumer of a change to the consumer's file and clarifies that a consumer credit report can be used by someone other than the consumer for prescreening as provided by federal law. (Same as HB 2762). Effective date: March 24, 2008.

SB 2907

611

Driver's License

Concerns driver licenses; removes one-year minimum period of issuance for temporary license or photo identification license issued to person legally admitted to U.S. for limited stay; reiterates that license is valid only during the period of time of the applicant's authorized stay in the United States, may not be issued for a period of more than five years. (Same as HB 2901). Effective date: February 28, 2008.

SB 2973

1177

Traffic Offenses

Relates to the offense of driving under the influence of an intoxicant and the consequence of so driving; provides the court may order an offender to participate in an alcohol and drug safety DUI school, and/or a drug offender school program and a drug alcohol assessment or treatment or both, or in lieu of or in addition to those requirements, the attendance at a victims impact panel program and a fee to help offset the cost of such program. (Same as HB 2765). Effective date: January 1, 2009.

SB 3143

986

Traffic Offenses

Concerns Safety; provides that a motor vehicle operator who knowingly ignores a flood warning sign or barricade placed at a flooded road area commits reckless driving; provides that in addition to the penalties imposed the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation; provides governmental immunity for the governmental entity that posted the sign or barricade. (Same as HB 2529). Effective date: July 1, 2008.

SB 3152

1131

Bail Bonds

Concerns Bail Bonds; releases surety from liability for undertaking bail bond if the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer. (Same as HB 3406). Effective date: June 18, 2008.

SB 3224

1030

Bail Bonds

Concerns Bail Bonds; designates as unprofessional conduct for a bail bondsman engaging in business of bondsman or surety without maintaining business office, business telephone, and appropriate signage; penalty is withdrawal or suspension of bondsman's approval by the court; provides that a listing of bondsmen or surety agents in a correctional facility shall be done in terms of seniority. (Same as HB 4010). Effective date: June 3, 2008.

SB 3258

962

Traffic Offenses

Concerns Traffic Safety; provides that a traffic citation that is based on evidence from a surveillance camera to monitor traffic violations shall be considered a nonmoving traffic violation; provides for review of the video evidence by a law enforcement office; provides that the registered owner is liable for payment of fines, unless they provide an affidavit attesting to the contrary. (Same as HB 3069). Effective date: July 1, 2008.

SB 3423

964

Red-Light Cameras

Concerns Motor Vehicles; provides that no state agency or any political subdivision of the state that installs, owns, operates, or maintains a traffic-control signal light in an intersection that employs a surveillance camera for the enforcement or monitoring of traffic violations shall reduce the time exposure of the yellow light at such intersection with the intended purpose of increasing the number of traffic violations. Effective date: May 22, 2008.

SB 3487

722

Immobilizers

Concerns Motor Vehicles; authorizes municipalities to regulate and prohibit the commercial use of wheel immobilizers to disable vehicles. (See also HB 3472). Effective date: April 17, 2008.

SB 3790

790

Teen Drivers

Concerns Motor Vehicles; requires persons under 18 at the time of a motor vehicle crash or traffic violation to show proof of financial responsibility before such person's driver license is reinstated. (Same as HB 3833). Effective date: April 30, 2008.

SB 3791

1183

Workers' Compensation

Concerns workers' compensation claims; requires the administrator of the division of workers' compensation to review rather than reconsider an order of a specialist. Effective date: June 19, 2008.

SB 4026

1198

Traffic Offenses

Concerns motor vehicles; provides that operator of tractor trailer truck who exceeds posted speed limit by more than 15 mph commits Class B misdemeanor of reckless driving rather than speeding. (Same as HB 3993). Effective date: July 1, 2008.

SB 4161

681

Auto Liability Information

Concerns Motor Vehicles; removes provisions whereby information on automobile liability insurance in motor vehicle accident reports is excluded from public inspection. (Same as HB 4117). Effective date: April 1, 2008.

SB 4203

1192

Producer Licensure

Concerns insurance companies, agents, brokers, and policies; authorizes the commissioner of commerce and insurance to require applicants under the Tennessee Insurance Producer Licensing Act to submit fingerprints; specifies acts that are considered unfair trade practices for insurance producers; revises other various provisions of the Act. (Same as HB 4203). Effective date: Varies.

SB 4208

1079

Unfair Trade Practices

Concerns insurance companies, agents, brokers, and policies; enacts the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009. (Same as HB 4207). Effective date: January 1, 2009.

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.