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2011 SUMMARY OF NEW STATE LAWS – MONTANA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 29

314

Extraordinary Life Circumstances

Includes divorce and military service as extraordinary events to be considered for underwriting or rating exceptions in regard to credit reports. Effective date: May 5, 2011.

HB 43

315

Workers’ Compensation

Clarifies employer's rights related to workers' compensation benefits, drug testing and disciplinary action involving an employee's medical use of marijuana; expands the types of employees covered by the workforce drug and alcohol testing act; creates employment-related exceptions to the protections of the Medical Marijuana Act; relates to driving a motor vehicle as part of work duties, the instruction or supervision of minors or a fiduciary responsibility for an employer; limits adverse action. Effective date: May 6, 2011.

HB 102

149

DUI

Revises probationary driver's license provisions for DUI court participation; relates to courts; relates to motor vehicles; relates to criminal procedure. Effective date: October 1, 2011.

HB 110

150

Workers’ Compensation

Requires workers' compensation insurers and their agents to pay medical providers on a timely and appropriate basis and providing penalties on the insurer for failure to do so; provides that an insurer that uses a third-party agent to review medical bills shall obtain written certification from the agent that the agent agrees to calculate the payment due based on the workers compensation medical fee schedules; relates to independent contractors and security deposits. Effective date: July 1, 2011.

HB 118

63

Workers’ Compensation

Require Montana State Fund board member w/ exec management insurance experience. Effective date: March 25, 2011.

HB 125

227

State Regulation

Revises insurance and securities laws to provide consistency with administrative procedures; includes confidential documents received from another state agency; removes regulation of excess deposits by insurers; applies risk-based capital reporting requirements to captive risk retention groups; includes risk-based capital reporting for property and casualty insurers; revises the small business health insurance purchasing pool and tax credit program; provides for collection of notice filing fees. Effective date: April 20, 2011.

HB 178

207

Drivers’ Licenses

Verifies lawful presence in the US before issuing driver's license or identification card; relates to federal government; relates to rule making; relates to state revenue; relates to motor vehicles. Effective date: October 1, 2011.

HB 195

181

Drivers’ Licenses

Revises driver's license format to include resident address; relates to motor vehicles; relates to transportation; relates to rule making. Effective date: October 1, 2011.

HB 216

246

Drivers’ Licenses

Require DOJ to adopt rules for hardship licenses for certain permit holders. Effective date: October 1, 2011.

HB 249

322

Shareholder Liability

Limits shareholder liability for corporation's acts and debts; relates to corporations, partnerships, associations. Effective date: October 1, 2011.

HB 251

210

Vehicle Escort

Provides that a rear flag vehicle escort is not required for a vehicle that exceeds 12 1/2 feet in width, that is hauling or towing an implement of husbandry, construction equipment, or forestry equipment, and that is operating as authorized by special permit if the vehicle is operating at highway speed or with the flow of traffic. Effective date: October 1, 2011.

HB 265

290

Auto Repairs

Prohibits insurer from disregarding a repair operation or cost that the insurer and an automobile body repair business have agreed to utilize in determining the cost of repair. Effective date: April 28, 2011.

HB 298

131

Gross Weight Laws

Revises Gross Vehicle Weight laws on trucks; relates to rule making; relates to motor vehicles. Effective date: October 1, 2011.

HB 334

167

Workers’ Compensation

Revises workers' compensation; provides for closure of claims; provides a process to reopen and settle medical claims; provides for insurer designation and payment of treating physicians; provides for retroactive benefit payments to certain workers. Effective date: July 1, 2011.

HB 359

36

Workers’ Compensation

Revises workers' compensation law on settlements & lump-sum payments; relates to workers' compensation. Effective date: March 23, 2011.

HB 367

73

Motor Vehicle Laws

Revises motor vehicle laws; relates to rule making; relates to motor vehicles; delays implementation of the motor vehicle liability insurance verification program. Effective date: March 25, 2011.

HB 399

74

Salvage Title

Allow transfer of salvage title work without notary signature. Effective date: March 25, 2011.

HB 401

136

Tow Trucks

Revises definition of rotation area in tow truck act; relates to motor vehicles. Effective date: October 1, 2011.

HB 419

75

Captive Insurers

Revises captive insurance law; relates to insurance. Effective date: October 1, 2011.

HB 552

255

Workers’ Compensation

Provides workers' compensation to volunteer firefighters and emergency medical workers; relates to emergency and disaster services; relates to workers' compensation; relates to rule making; relates to fires and fire protection. Effective date: July 1, 2011.

SB 42

283

DUI

Authorizes warrants to obtain blood or breath test in DUI cases; relates to alcohol and drugs; relates to law enforcement; relates to courts. Effective date: April 28, 2011.

SB 60

42

Security Freeze

Amends the definition of a consumer in order to allow a parent or guardian to request a security freeze for a minor or an incapacitated person with respect to credit reports. Effective date: October 1, 2011.

SB 78

27

Guaranty Association

Adopts model language for Montana Guaranty Association; relates to rule making; relates to insurance. Effective date: March 18, 2011.

SB 140

218

Motor Carriers

Relates to transportation; revises motor carrier laws; defines charter service. Effective date: April 18, 2011.

SB 211

78

Salvage Title

Revises salvage title law. Effective date: October 1, 2011.

SB 242

262

Workers’ Compensation

Lowers renewal fee for independent contractors; relates to workers' compensation; relates to state revenue. Effective date: July 1, 2011.

SB 258

80

Tow Trucks

Revises tow truck laws. Effective date: October 1, 2011.

SB 287

200

Workers’ Compensation

Require certain corporate officers or managers of LLC's to obtain workers' compensation; relates to labor and employment. Effective date: July 1, 2011.

SB 290

201

Workers’ Compensation

Excludes independent contractor as employee under Human Rights Act; relates to discrimination and human rights; relates to workers' compensation; relates to rule making; relates to labor and employment. Effective date: April 15, 2011.

SB 331

350

Surplus Lines Insurance

Revises surplus lines insurance law; relates to insurance; relates to rule making; relates to state revenue. Effective date: May 6, 2011.

SB 352

239

Adverse Driving Records

Allows adverse driving record use in setting auto insurance risk classifications; relates to insurance. Effective date: October 1, 2011.

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 Policy 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.

Posted: Monday, May 16, 2011 8:37:06 AM. Modified: Wednesday, June 01, 2011 2:18:11 PM.

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