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BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 10

293

Traffic Offenses

Provides that it is a class B misdemeanor for a person to fail to disclose the person's name when disclosure is demanded by a peace officer after the peace officer stops the person based on a reasonable suspicion that the person has committed, is in the act of committing, or is attempting to commit, a criminal offense; provides that a peace officer may arrest a person for this offense without a warrant. Effective date: May 5, 2008.

HB 30

298

Traffic Offenses

Modifies the Criminal Code to provide that altering a vehicle to facilitate concealing an illegal item is a criminal offense; provides that modifying any vehicle to facilitate the illegal transportation, concealment, or storage of contraband is a third degree felony; provides that possession of a vehicle modified to facilitate concealing contraband, with the intent to conceal or transport contraband, is a class A misdemeanor. Effective date: May 5, 2008.

HB 50

56

Underground Storage Tanks

Amends the Underground Storage Tank Act; relates to certification of underground and petroleum tank installers, inspectors, testers, and removers; relates to the format for and information contained in records required to be kept by tank owners and operators; adopts the requirements for an underground storage tank contained in the Solid Waste Disposal Act. Effective date: May 5, 2008.

HB 55

302

Captive Insurance

Modifies the Captive Insurance Companies Act; enacts the Special Purpose Financial Captive Insurance Company Act; addresses certain nonlapsing fee amounts, captive insurance companies formed as limited liability companies, applicability of reorganization, receivership, and injunction statutes, sponsored captive insurance companies, books, records, and reporting requirements of insurance companies, reinsurance, and the formation, assets, investments, and securities of captive insurance companies. Effective date: May 5, 2008.

HB 72

304

Motorcycles

Modifies the Motor Vehicles Code and the Uniform Driver License Act by amending provisions relating to motorcycle endorsements and class M licenses. Effective date: July 1, 2008.

HB 93

150

Insurance Fraud

Modifies the Insurance Code to address reporting of fraudulent insurance acts; addresses immunity; expands required reporting of fraudulent insurance acts; modifies the requirements of the report; modifies penalties. Effective date: May 5, 2008.

HB 122

314

Teen Drivers

Clarifies a guardianship relationship between a foster parent and a minor who is in the legal custody of the Division of Child and Family Services is included in the relationships that are covered under certain insurance policies; provides if a minor is in the legal custody of the Division of Child and Family Services, a parent or responsible adult who is willing to assume certain obligations and liability requirements may sign the minor's application for a learner permit or provisional driver license. Effective date: May 5, 2008.

HB 140

160

Child Restraint Devices

Modifies the Motor Vehicles Code by amending provisions relating to child restraint devices and safety belts. Effective date: May 5, 2008.

HB 141

161

Identity Theft

Amends provisions in the Government Records Access and Management Act to provide protected status to all information collected in relation to the Identity Theft Reporting Information System established in the Office of the Attorney General; provides criminal penalties for unlawful access or misuse of information in the IRIS database. Effective date: May 5, 2008.

HB 144

162

No-fault Insurance

Provides that there is no right of reimbursement to an insurer that has paid for benefits that are required to be paid under personal injury protection by the insurer of the person who would be held legally liable for the personal injuries sustained if the insurer of the person who would be held legally liable has tendered its policy limits; provides a procedure for an insurer to notify a no-fault insurer that a portion of the reimbursement is needed; relates to third party claims under no-fault insurance. Effective date: May 5, 2008.

HB 151

164

Seized Vehicle

Modifies the Motor Vehicles Code by amending provisions relating to the removal and impoundment of a vehicle; authorizes the Motor Vehicle Division or a peace officer to seize and take possession of a vehicle if the vehicle is being operated on a highway without owner's or operator's security; provides that a vehicle that is seized or impounded for not having owner's or operator's security is subject to certain seizure or impoundment procedures and requirements. Effective date: May 5, 2008.

HB 159

318

Licensing

Modifies provisions related to the Insurance Code and Occupations and Professions to change the regulation of professional employer organizations from registration under the Division of Occupations and Professional Licensing to licensure under the Insurance Department; enacts the Professional Employer Organization Licensing Act, including providing for confidentiality of certain information; discussing covered employees, and establishing financial requirements. Effective date: May 5, 2008.

HB 167

321

Victims’ Rights

Provides victims of crime the right to submit a written statement in actions on appeal related to that crime. Effective date: May 5, 2008.

HB 171

322

ID Restrictions

Prohibits a person authorized to sell alcoholic beverages from accepting a driving privilege card as evidence of legal age; provides that a firearms dealer may not accept a driving privilege card as personal identification and residence to receive a firearm; provides that a person who transfers or distributes precursor chemicals may not accept a driving privilege card as proof of identification; requires notification if a vehicle registration is revoked for failing to provide evidence operator's security. Effective date: July 1, 2008.

HB 210

166

Identity Theft

Modifies provisions of the Financial Responsibility of Motor Vehicle Owners and Operators Act related to access by the Office of the Attorney General to the Uninsured Motorist Identification Database; provides that the database shall be used to assist in the identification and prevention of identity theft and other crimes under the office; provides that information from the database may be disclosed to the office upon its request for investigating and prosecuting identity theft and other crimes. Effective date: May 5, 2008.

HB 249

175

Vehicle Warranties

Includes a farm tractor as a vehicle covered by the New Motor Vehicle Warranties Act. Effective date: May 5, 2008.

HB 275

75

Towing Issue

Modifies the Transportation Code by amending tow truck provisions. Prohibits a tow truck operator or tow truck motor carrier from towing a vehicle when proper notice does not exist informing drivers of a tow away zone in certain locations; provides exceptions to the notice requirements. Effective date: May 5, 2008.

HB 291

79

Off-highway Vehicles

Modifies the Motor Vehicles Code by amending provisions relating to off-highway vehicles; requires a person operating an off-highway vehicle with an appropriate safety certificate issued or approved by the Division of Parks and Recreation shall be under the direct supervision of a person who is at least 18 years of age if operating the off-highway vehicle on certain highways; increases the fine for violating the off-highway vehicle supervision, safety certificate, or driver license operating requirement. Effective date: May 5, 2008.

HB 341

344

Underground Utility Facility

Addresses liability provisions and other provisions concerning the location of an underground utility facility. Effective date: May 5, 2008.

HB 342

345

Title Insurance

Amends the Insurance Code regarding the timing of examinations, requirements for appointments under the Title and Escrow Commission, address requirements to conduct an insurance business in the state, addresses filing evidence of preemption, address service contract providers and service contract reimbursement insurance policies, captive insurance company reimbursement policy prohibitions, registration, disclosures, suicide beneficiary payments, catastrophic coverage, annuities and life insurance. Effective date: May 5, 2008.

HB 347

388

Motor Vehicle Business Regulations

Modifies the New Automobile Franchise Act and the Motor Vehicles Code by amending motor vehicle business regulations. Effective date: July 1, 2008.

HB 380

348

Worker’s Compensation -- Fund Administration

Modifies the Insurance Code to impose new requirements on the Insurance Department related to workers' compensation. Effective date: May 5, 2008.

HB 384

349

Workers’ Compensation – Miscellaneous Provisions

Modifies the Workers' Compensation Act to address an employee's duties related to workers' compensation; addresses reductions in disability compensation under certain circumstances; provides for adjudication; addresses application of certain provisions to a local governmental entity or state institution of higher education; addresses the incarceration or unlawful employment related to permanent total disabilities. Effective date: July 1, 2008.

HB 406

350

Traffic Safety

Authorizes the Department of Transportation to establish a posted speed limit that exceeds 75 miles per hour if the speed limit is based on a traffic engineering and safety study and is located between certain mile posts on a portion of the interstate; requires the department to consider the roadway geometry and population density when establishing a speed limit that exceeds certain maximum speed limits, to analyze the results and impacts of imposing a higher speed limit, and report its findings. Effective date: May 5, 2008.

HB 466

220

Title Insurance

Modifies the Insurance Code to create the Title Insurance Recovery, Education, and Research Fund and make related amendments; modifies requirements for title insurance producer reserve accounts; provides for assessments; provides for how the fund may be used; provides procedures for making claims against the fund; creates subrogation rights. Effective date: July 1, 2008.

HB 467

221

Motor Vehicle Arbitration

Modifies the Insurance Code by amending provisions relating to the use of arbitration in third party motor vehicle accident cases. Effective date: May 5, 2008.

HB 486

223

Liens

Addresses the filing of, and an action against, a wrongful lien. Effective date: May 5, 2008.

SB 15

226

DUI

Enacts an impaired driving plea; provides that a plea to driving under the influence may be entered as an impaired driving conviction in certain circumstances; provides that such conviction is a class B misdemeanor; provides requirements for a court entering a conviction; requires the court to notify the Driver License Division of such conviction; provides sentencing requirements; provides plea requirements under specified conditions; increases the administrative impound fee. Effective date: March 17, 2008.

SB 34

88

Traffic Offenses

Modifies the Impaired Persons Licensing Act; provides that a person may notify the Driver License Division if the person is aware of a physical, mental, or emotional impairment of another person that is an imminent threat to driver safety and provides that the Division may require the subject of the report to submit to certain tests; relates to a procedure for making a protected notification; provides that it is a crime to make a notification with the intent to annoy, intimidate, or harass a person. Effective date: May 5, 2008.

SB 44

22

Traffic Offenses

Amends provisions relating to failing to secure a load or littering on a highway; increases the fine for littering on a highway for a second or subsequent violation within three years of a previous violation; increases the fine for failing to properly secure a load when operating a motor vehicle on a highway for certain violations; provides that a portion of the fines and forfeitures collected in specified courts for failing to secure a load or littering shall be remitted to the Transportation Fund. Effective date: July 1, 2008.

SB 52

361

Identity Fraud

Authorizes the court to order restitution to the victim of an identity fraud offense; specifies that restitution related to an offense of identity fraud may include attorney fees, lost wages, and other costs; and the victim's time involved in dealing with the offense, including administrative hearings and clearing the victim's record. Effective date: May 5, 2008.

SB 58

90

Workers’ Compensation -- Benefits

Modifies the Workers' Compensation Act to address issues related to benefits; imposes penalties if an employer unlawfully, directly pays workers' compensation payments; addresses benefits paid a dependent of a deceased employee. Effective date: May 5, 2008.

SB 66

242

Emergency Health Workers

Enacts provisions governing licensed practitioners from outside of the state that provide health and veterinary services in response to declared emergencies in the state; provides for the registration and regulation of volunteer health practitioners from outside of state; authorizes the state to regulate, direct, and restrict the scope and extent of services provided by such volunteers; provides limitations on the civil liability exposure of such volunteers; authorizes worker's compensation. Effective date: July 1, 2008.

SB 68

243

Workers’ Compensation -- Benefits

Excludes workers' compensation death benefits from inclusion in the augmented estate during probate. Effective date: May 5, 2008.

SB 100

100

Motor Vehicle Dealer Disclosures

Modifies the Motor Vehicle Business Regulation Act by amending provisions relating to motor vehicle dealer disclosure requirements if the dealer has contracted to enter into an agreement with someone other than another dealer; regulates temporary permits, lease financing, contracts and lease payment agreements. Effective date: May 5, 2008.

SB 108

27

Workers’ Compensation -- Benefits

Modifies provisions related to receipt of workers' compensation benefits. Effective date: May 5, 2008.

SB 115

251

Traffic Safety

Repeals the requirement that a representative from the Department of Commerce with experience in consumer protection administration be a member of the Motor Vehicle Safety Inspection Advisory Council; provides that the governor shall appoint a member of the public with experience or interest in product safety or consumer advocacy as a member of the council. Effective date: May 5, 2008.

SB 143

257

Financial Regulation

Modifies the Insurance Code to address financial requirements related to insurers or insurance products; modifies the requirements for when a domestic ceding insurer is allowed credit for reinsurance; modifies the requirements for when a foreign ceding insurer is allowed credit for reinsurance or reduction from liability; grants rulemaking authority related to credits and reinsurance; provides a transition for the modified requirements on credit or reductions from liability; relates to investments. Effective date: July 1, 2008.

SB 149

371

Auto Policy Limits

Modifies the Insurance Code by amending provisions relating to motor vehicle liability coverage policy limits. Effective date: January 1, 2009.

SB 152

259

Wrongful Death

Defines presumptive personal representative; provides that presumptive personal representatives may present and resolve claims for wrongful death, liability, and uninsured motorist claims. Effective date: May 5, 2008.

SB 155

260

Punitive Damages

Makes clarifying amendments to the punitive damages statute; requires that a court enter a judgment for punitive damages on behalf of the injured party and the state; changes the initial amount for the injured party; sets priorities for collection of judgments and attorney fees and costs; specifies that the state may use all methods at its disposal to collect its judgment. Effective date: May 5, 2008.

SB 159

263

Workers’ Compensation – Miscellaneous Provisions

Modifies provisions related to workers' compensation; modifies provisions related to workers' compensation and a workers' compensation coverage waiver; modifies provisions related to workers' compensation insurance fraud. Effective date: May 5, 2008.

SB 171

268

Financial Regulation

Modifies the Utah Criminal Code to repeal certain provisions regarding reporting; repeals and revises reporting requirements imposed on financial institutions. Effective date: May 5, 2008.

SB 179

270

Salvage Title

Requires the Motor Vehicle Division to issue an insurance company a salvage certificate no sooner than 30 days from the date of settlement if the insurance company declares a vehicle a salvage vehicle; issues a settlement to the registered owner; requests certificate of title or other evidence of ownership acceptable to the division and the owner has not responded to the requests; presents evidence that the insurance company has complied with the requirements. Effective date: May 5, 2008.

SB 181

36

Off-highway Vehicles

Modifies the Insurance and Motor Vehicles codes by amending provisions governing the use of off-highway vehicles on public highways; exempts insurance policies purchased to satisfy the owner's or operator's security requirement for an off-highway vehicle or street-legal all-terrain vehicle from the requirement to include personal injury protection on the policy; authorizes the operation of a street-legal all-terrain vehicle on certain highways; relates to registration, equipment, taxation, and licensing. Effective date: October 1, 2008.

SB 187

373

Bail Bonds

Modifies the Code of Criminal Procedure regarding bail in aggravated murder cases; provides that a charge of aggravated murder is considered a capital felony and not subject to bail unless the prosecutor files a notice that the death penalty will not be sought, or the time for filing the notice has passed. Effective date: March 18, 2008.

SB 189

273

Contractor Insurance Coverage

Enacts the Independent Contractor Database Act; provides that a database be created to identify a worker who may be misclassified as an independent contractor and to promote employer compliance with state and federal laws; addresses confidentiality of the information on the database; creates an Independent Contractor Enforcement Council and establishes its duties; discusses study items including coordination with the Uninsured Motorist Identification Database. Effective date: May 5, 2008.

SB 220

280

Construction Defects

Creates limitations on a cause of action for defective construction; limits a cause of action for defective construction to a breach of contract action, unless there is certain other property damage, personal injury, or an intentional or willful breach of a legal duty; addresses who may bring an action for defective construction. Effective date: May 5, 2008.