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2009 SUMMARY OF NEW STATE LAWS – ARIZONA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2133

38

Motorcycles

Concerns motorcycle safety; provides that a portion of each motorcycle registration fee shall be deposited into the motorcycle safety fund for awareness, education and safety programs. Effective date: September 30, 2009.

HB 2144

164

Financial Regulation

Concerns life and health insurance; relates to actuarial opinions; relates to financial audits and fees for such audits; provides for property and casualty actuarial opinions, limitation of liability of the appointed actuary, public documents, confidentiality, release of documents for counseling discipline, civil actions and documents from the National Association of Insurance Commissioners; provides exceptions for foreign and alien insurers. Effective date: September 30, 2009.

HB 2156

135

Fire Premium Taxes

Relates to disposition of fire insurance premium tax proceeds; provides that no insurer shall be liable to the State or to any other person, or shall be subject to regulatory action, relating to the calculation or submittal of fire insurance premium taxes based in good faith upon the State Fire Marshall's certification; provides for a refund of excess amounts improperly paid by an insurer; requires that the insurer reflect the refund in premiums charged on the property which was charged the excess amount. Effective date: September 30, 2009.

HB 2199

42

Title, Captive Insurers

Relates to corporations, limited liability companies, filing an affidavit evidencing publication of documents filed with the Corporation Commission, filing of articles of dissolution, service of process, foreign corporations or nonprofit corporations applications for withdrawal, financial data statements of cooperative marketing associations, electric generation and transmission cooperative corporations, LLCs that are title insurance agents or captive insurers, articles of amendment and filings. Effective date: September 30, 2009.

HB 2224

165

Financial Responsibility

Requires that a court receive the abstract of a record of judgment concerning a violation of motor vehicle financial responsibility laws prior to the suspension of a license; requires proof of financial responsibility for reinstatement of a driver's license, registration and license plates; modifies a provision allowing the court to suspend the imposition of a penalty for violations of mandatory insurance requirements. Effective date: September 30, 2009.

HB 2288

168

Premium Tax Credit

Allows a credit against the premium tax liability incurred by an insurer for the amount of voluntary cash contributions made by the insurer to a school tuition organization; provides that an insurer that claims such credit is not required to pay an additional retaliatory tax as a result of claiming the credit; repeals the sunset date on provisions allowing an income tax credit for such contributions. Effective date: September 30, 2009.

HB 2426

143

Real ID Act

Prohibits participation by the State in any enhanced drivers license program established for the purpose of satisfying the requirements of the Federal Western Hemisphere Travel Initiative or the Real ID Act. Effective date: September 30, 2009.

HB 2530

121

Traffic Offenses

Concerns reckless driving; relates to prior convictions and surrender of license. Effective date: September 30, 2009.

HB 2610

123

Civil Actions

Concerns civil liability and product liability actions; relates to affirmative defenses; provides for claimants who are heirs to the estate of a deceased person; relates to a decedent who was partially responsible for the accident or event that caused the harm; relates to a police tool product; relates to changes in product warnings; provides for costs and attorney fees. Effective date: September 30, 2009.

SB 1003

124

DUI

Makes a technical correction to provisions concerning driving under the influence of a prescribed drug. Effective date: September 30, 2009.

SB 1168

177

Firearms

Provides that a property owner, tenant, public or private employer or a business entity shall not prohibit a person from lawfully transporting or storing a firearm that is in the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle and not visible from the outside of the motor vehicle or motorcycle; provides exceptions, including a nuclear generating station and a military base, for an entity that has a secure storage area. Effective date: September 30, 2009.

SB 1169

158

Impounded Vehicles

Concerns vehicle impoundment; relates to weight exemptions, contractual agreements, bonding and an administrative towing fund; requires submission of an electronic abandoned vehicle report and an electronic application for transfer of ownership. Effective date: Retroactively to December 31, 2007.

SB 1180

61

Towing Issues

Relates to towing companies, towing of vehicles, insurance companies, release of vehicles, fees and violations; provides that a towing company shall release a vehicle to a person designated in writing by an insurance company; provides that the towing company is not liable for loss of personal property or vehicle damage; requires a towing company to provide to an insurer at no cost a statement of all charges and storage fees; requires a person to be informed of the right to choose any repair facility. Effective date: September 30, 2009.

SB 1196

95

Insurance Pools

Provides for public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; provides for joint purchase of prepaid legal insurance or reinsurance, pool retention of risks for property, fidelity and liability losses and to pay for losses; relates to nonprofits, trusts, self insurance, schools, teachers, employer's liability and occupational disease claims; prohibits a municipal sales and use tax on school district and charter school purchases. Effective date: Retroactively to June 30, 2009.

SB 1262

184

Workers’ Compensation

Concerns workers' compensation; requires a workers' compensation insurer to become a member of a licensed rating organization; requires loss reporting; provides penalties and costs to an employer who misrepresents to an insurer the amount of payroll, the job function of an employee or the employer's loss history; relates to off-label prescription use of schedule II controlled substances, treatment plans, terminated employees, reduced earning capacity and denial of payments to non-compliant physicians. Effective date: September 30, 2009.

SB 1266

67

Workers’ Compensation

Concerns workers' compensation notification of employment; relates to professional employer organizations; deletes provisions regarding drug and alcohol impairment tests in worker's compensation cases of injury of death. Effective date: September 30, 2009.

SB 1289

131

Accident Reports

Concerns vehicle accident reports; provides for copies of reports to the department of transportation, a person involved in the accident, the owner of the vehicle, the automotive insurer, any insurer if the report is related to an investigation into fraudulent claims; relates to self-insured entities, attorneys, criminal complaints, law enforcement refusal to supply an unredacted accident report and distribution of personal identifying information by a business entity. Effective date: July 13, 2009.

SB 1293

70

Certificates of Title

Provides for an electronic certificates of vehicle title system, including perfection and release of security interests, through electronic media in lieu of submission and maintenance of paper documents; provides for development of methods by which lending institutions, sales finance companies and manufacturers may electronically submit updated information pertaining to the title record, including the addition, assignment or release of vehicle security interests; excludes mobile homes. Effective date: May 31, 2010.