IIAM's LEGISLATIVE BULLETIN

2008


House Bills

BILL NUMBER BILL TITLE & SPONSOR SYNOPSIS COMMITTEE STATUS
12 Vehicle Laws - Required Use of Safety Restraints - Penalty for Violation
 

Delegate Benson

Increasing from $25 to $50 the maximum fine that may be imposed for a violation of specified provisions of law requiring the use of a seat belt by the driver and the outboard front seat passenger in a motor vehicle; and repealing redundant language requiring that specified children be secured in a specified manner while being transported in a motor vehicle. Environmental Matters First Reading 1/9/08

Hearing 1/30- 1 PM

29 Long-Term Care Insurance - Discrimination Based on Genetic Information or Tests - Prohibited
 

Delegate Manno

Prohibiting insurers, nonprofit health service plans, health maintenance organizations, and preferred provider organizations from discriminating against an applicant or insured based on genetic information or the results of a genetic test in the issuance or renewal of long-term care insurance; providing that the Act does not prohibit the use of genetic information or the results of a genetic test under specified circumstances; etc. Health and Government Operations
 
First Reading 1/9/08

Hearing 2/7-1PM
Favorable Report
Third Reading Passed 138-0

SENATE
1st Reading -Finance
Hearing 3-26-1PM
Third Reading Passed 47-0

30

MONITOR

Vehicle Laws - Insurance Requirements - Penalties and Notification

Delegate Sophocleus

Altering a requirement that the Motor Vehicle Administration provide notice to the owner of a vehicle that the vehicle registration has been suspended for failure to maintain the required security; altering the period of time within which a vehicle owner must surrender evidence of registration under specified circumstances; decreasing the maximum penalty that may be assessed against the owner of a vehicle if specified security lapses or terminates under specified circumstances; etc.

WITHDRAWN

Environmental Matters

First Reading 1/9/08

Hearing 1/30-1PM

32

MONITOR

Maryland Automobile Insurance Fund - Acceptance of Premiums on Installment Basis

Delegate Holmes

Authorizing the Maryland Automobile Insurance Fund to accept premiums on an installment basis; etc. Economic Matters First Reading 1/9/08

Hearing 2/26-1PM
Favorable w/amendments

70

NO POSITION

UNDER REVIEW

Construction Industry Employee Misclassification Act

Delegate Glenn

Prohibiting construction industry employers from failing to classify an individual as an employee, with the intent to evade payment of wages, benefits, taxes, or other contributions as required under specified provisions of State law; requiring specified persons engaged in construction to file with the Comptroller a specified return; requiring specified payors to withhold specified payment for construction service; etc.

WITHDRAWN

Economic Matters First Reading 1/9/08

Hearing 2/14-1PM

221

Crossfiled SB69

Signed by Governor
5-13-08

Chapter 491

Vehicle Laws-Motorcycles-Definitions

Delegates Gaines, Frush, Griffith, Healey, Ivey, Niemann and Ross

Altering the definition of "motorcycle" under the Maryland Vehicle Law; and making the Act an emergency measure. Environmental Matters First Reading 1/23/08

Hearing 2/5-1PM
Favorable Report
Third Reading Passed 139-0
SENATE
1st Reading-Judicial Proceedings
Hearing 3/25-1PM
Third Reading Passed 40-7

236 Life or Health Insurance Policies & Contracts- Discretionary Clauses-Prohibition

Chair-Health & Government Operations (By Request MIA)

Prohibiting the use of specified discretionary clauses in life or health insurance policies or annuity contracts; and providing that specified discretionary clauses in life or health insurance policies or annuity contracts are void and unenforceable.

WITHDRAWN

Health & Government Operations First Reading 1/23/08

Hearing 2/28-1PM

249 Motor Vehicles-Accident Reports-Access

Delegates Morhaim, Cardin, Griffith, Lafferty and Stein

Authorizing a hospital or an employee or agent of a hospital that provided medical or other services to an individual injured in a motor vehicle accident to access the motor vehicle accident report under specified circumstances. Judiciary First Reading 1/23/08

Hearing 2/20-1PM
Unfavorable Report

259 Consumer Protection-Required Disclosure of Social Security Number-Prohibited

Delegates Smigiel etal.

Providing that a person may not require an individual to disclose the individual's Social Security number unless required by State or federal law. Economic Matters First Reading 1/23/08

Hearing 2/7-1PM

Unfavorable Report

272

Signed by Governor
4-24-08

Chapter 264

Medical Stop-Loss Insurance

Chair-Health & Government Operations (By Request MIA)

Authorizing medical stop-loss insurance to be sold, issued, or delivered in the State only by specified carriers that hold specified certificates of authority; prohibiting medical stop-loss insurers from issuing, delivering, or offering policies of medical stop-loss insurance if the policies have specified attachment points below specified amounts; making medical stop-loss insurers subject to specified sanctions under specified circumstances; etc. Health & Government Operation First Reading 1/23/08

Hearing 1/31-1PM
Favorable Report
Third Reading Passed 121-17
SENATE
1st Reading-Finance
Hearing 2-26-1PM
Third Reading Passed 38-8

277

Signed by Governor
4-8-08

Chapter 63

Maryland Insurance Commissioner-Authority to Act in an Emergency

Chair-Health & Government Operations (By Request MIA)

Applying specified provisions of law to managed care organizations and health maintenance organizations; specifying the applicability and purpose of specified provisions of law; authorizing the Maryland Insurance Commissioner to take specified actions by bulletin under specified emergency circumstances; etc. Health & Government Operation s &
Economic Matters
First Reading 1/23/08

Hearing 1/31-1PM
Favorable Report w/ amendments
Third Reading Passed 133-0
SENATE
1st Reading-Finance
Hearing 4/1-1PM
Third Reading Passed 47-0

380 Motor Vehicles - Use of Text Messaging Device While Driving - Prohibition

Delegates F. Turner

Prohibiting a person from using a text messaging device to write, send, or read a text message while operating a motor vehicle. Environmental Matters First Reading 1/28/08

Hearing 2/12-1PM

Unfavorable Report

404

Signed by Governor
4-24-08

Chapter 271

Insurance Fraud - Required Disclosure Statements

Chair, Economic Matters Committee (By Request - Departmental - MIA)

Requiring insurers to disclose specified information regarding insurance fraud in a specified manner; providing an exception to the requirements of the Act; etc.

 

Economic Matters First Reading 1/28/08

Hearing 2/13-1PM

Favorable w/ amendments
2nd Reading Passed
3rd Reading Passed (138-0)
SENATE-Finance
1st Reading 2-25-08
Hearing 3/25-1PM
Third Reading Passed 45-0

405

OPPOSE

Signed by Governor
4-8-08
Chapter 72

Homeowner's Insurance - Loss from Water and Sewer Backup - Offer of Coverage

Chair, Economic Matters Committee (By Request - Departmental - MIA)

Clarifying the time at which an offer of coverage for loss that is caused by or results from water that backs up through sewers and drains must be given by insurers that issue or deliver homeowner's insurance policies; requiring insurers that sell homeowner's insurance policies to offer the coverage; etc.

 

Economic Matters First Reading 1/28/08

Hearing 2/13-1PM

Favorable w/amendments
3rd Reading Passed (135-1)
SENATE-Finance
1st Reading 2-25-08
Hearing 3/25-1PM
Third Reading Passed 45-0

414

OPPOSE

Motor Vehicle Insurance - Financing of Premiums or Acceptance of Premiums on an Installment Basis by Insurer - Prohibited

Delegate Davis

Prohibiting an insurer that issues, sells, or delivers a motor vehicle insurance policy in the State from providing, directly or indirectly, for the financing of premiums and from accepting premiums on an installment basis; providing that a premium may be financed only by specified premium finance companies; providing that if a prospective insured's initial payment to specified persons is not honored, a policy or endorsement issued in reliance on that payment is void; etc. Economic Matters First Reading 1/28/08

Hearing 2/26-1PM

417

Signed by Governor
5-13-08

Chapter 499

Financial Institutions - Cooperative Agreements and Information Sharing with Government Agencies

Chair, Economic Matters Committee (By Request - Departmental - Labor, Licensing and Regulation)

Authorizing the Commissioner of Financial Regulation to enter into cooperative and information sharing agreements and to exchange specified information with specified federal, state, or municipal regulatory or law enforcement agencies.

 

Economic Matters First Reading 1/28/08

Hearing 2/5-1PM

Favorable Report
Favorable w/amendments
3rd Reading Passed 126-8
SENATE-Finance
1st Reading 2-18-08
Hearing 3/25-1PM
Third Reading Passed 47-0

441 Vehicle Laws - Motor Vehicle Accident Reports - Access

Delegates Smigiel, Anderson, Boteler, Carter, Costa, Eckardt, Frank, George, Haddaway, Jennings, McConkey, and Weir

Exempting an individual involved in a motor vehicle accident and the legal representative of an individual involved in a motor vehicle accident from a specified requirement to provide specified information and identification to a law enforcement agency in order to obtain a copy of a specified report of the motor vehicle accident.

 

Judiciary First Reading 1/29/08

Hearing 2/20-1PM

Unfavorable Report

485 Injured Workers' Insurance Fund - Advertising

Delegates Miller, Burns, Kirk, Krysiak, and Love
 

Repealing a requirement that the Board for the Injured Workers' Insurance Fund have a specified plan; establishing a requirement that the Board develop a specified plan to promote workplace safety; and prohibiting the Board from using specified funds for specified advertisement.

WITHDRAWN

Economic Matters First Reading 1/30/08

Hearing 2/20-1PM

488

Signed by Governor
5-13-08

Chapter 458

Motor Vehicle Accident Reports - Access

Delegate Davis
 

Altering the period of time during which specified persons may access a motor vehicle accident report; authorizing owners of specified motor vehicles and property to access an accident report during a specified time following the date the motor vehicle accident occurred; requiring a person that accesses an accident report during a specified time after the motor vehicle accident occurred to present specified information to specified authorized employees; etc. Economic Matters First Reading 1/30/08

Hearing 2/20-1PM

Favorable w/amendments
3rd Reading Passed 136-0
SENATE-Jud. Proceedings
1st Reading-3-7-08
Third Reading Passed 45-0

526

MONITOR

Insurance - Premium Finance Companies - Authority to Cancel Policies Issued by Maryland Automobile Insurance Fund

Delegate Holmes
 

Prohibiting a premium finance company from using a power of attorney or other authority to cancel, on behalf of an insured, a private passenger automobile insurance policy issued to the insured by the Maryland Automobile Insurance Fund.

WITHDRAWN

Economic Matters First Reading 1/30/08

Hearing 2/26-1PM

569

MONITOR

Injured Workers' Insurance Fund - Report of Loss Experience - Rating Organization

Delegates Krysiak, Jameson, Kirk, Love, McHale, Miller, and Minnick

Requiring the Board for the Injured Workers' Insurance Fund to record and report the loss experience of the Injured Workers' Insurance Fund to a specified workers' compensation rating organization; providing that the Board shall adopt a schedule of premium rates in accordance with a specified law; etc.

WITHDRAWN

Economic Matters First Reading 1/31/08

Hearing 2/20-2PM

606 Health Care Liability - Noneconomic Damages

Delegates Kelly, Dwyer, Frank, McComas, Myers, and Shank

Repealing a $15,000 annual increase in a specified limitation on noneconomic damages in a health care malpractice claim or action for a cause of action arising on or after January 1, 2009. Judiciary First Reading 1/31/08

Hearing 3/5-1PM

Unfavorable Report

646

Signed by Governor
5-13-08

Chapter 513

Condominiums - Property Insurance Deductible - Unit Owner Responsibility

Delegates Beidle, Dumais, Bobo, Healey, Lafferty, McComas, McConkey, Norman, and Sophocleus 

Altering the maximum amount of a specified property insurance deductible that a unit owner of a condominium may be responsible for from $1,000 to $10,000; etc. Environmental Matters First Reading 2/1/08

Hearing 2/28-1PM
Favorable Report
Third Reading Passed 136-0
SENATE
1st Reading-Judicial Proceedings
Hearing 3/26-1PM
Third Reading Passed 46-0

688 Insurance - Medical Mutual Liability Insurance Society of Maryland - Surplus

Delegate Simmons
 

Altering the circumstances under which the Maryland Insurance Commissioner may determine that the surplus of the Medical Mutual Liability Insurance Society of Maryland is excessive and the action the Commissioner may take after making the determination; authorizing the Commissioner to determine that the Society's surplus is excessive if the total surplus is greater than specified risk-based capital requirements and if, after a hearing, the Commissioner determines that the surplus is unreasonably large; etc. Economic Matters First Reading 2/1/08

Hearing 2/13-1PM

Unfavorable Report

700

Signed by Governor
4-8-08
Chapter 85

Workers' Compensation - Permanent Partial Disability - Compensation

Delegates Schuler, Barnes, and Manno 

Increasing the maximum weekly benefit for a permanent partial disability claim that is awarded to a covered employee for a period of less than 75 weeks; and providing for the application of the Act. Economic Matters First Reading 2/1/08

Hearing 2/20-2PM
Favorable Report
Third Reading Passed 126-6
SENATE
1st Reading-Finance
Hearing 4/1-1PM
Third Reading Passed 45-2

711 Motor Vehicles - School Bus Drivers - Prohibition on Use of a Wireless Communication Device While Driving

Delegates Barkley, Ali, Bates, Beidle, Bobo, V. Clagett, Gilchrist, Holmes, Hucker, Lafferty, Montgomery, Niemann, Stein, and Stull

Prohibiting the driver of a school bus from using a wireless communication device while operating the school bus under specified circumstances; defining terms; etc.

 

Environmental Matters First Reading 2/4/08

Hearing 2/26-1PM

Unfavorable Report

750

Signed by Governor
4-8-08
Chapter 88

 

Insurance - Notice of Cancellation of Binders or Policies - Certificate of Mail

Chair, Economic Matters Committee (By Request - Departmental - MIA)

Requiring that a specified notice of cancellation of specified binders or policies of insurance be sent by certificate of mail.

 

Economic Matters First Reading 2/4/08

Hearing 2/13-1PM

Favorable Report
3rd Reading Passed (138-0)
SENATE-Finance
1st Reading 2-25-08
Hearing 3/25-1PM
Third Reading Passed 45-0

776 Consumer Protection - Dry Cleaning and Laundering Establishments - Lost or Damaged Clothing

Delegates Robinson, Conaway, Frank, Haynes, and Sophocleus

Requiring specified dry cleaners and launderers to repair, pay the cost to repair, or replace lost or damaged items of clothing left in the possession of the dry cleaners or launderers for dry cleaning or laundering; requiring specified dry cleaners and launderers to post specified notices at specified places; providing specified enforcement and penalty provisions; etc. Economic Matters First Reading 2/4/08

Hearing 3/3-2:30PM
Unfavorable Report

859

Signed by Governor
4-8-08
Chapter 95

Property and Casualty Insurance Policies - Coverage for Additional Living Expenses


Chair, Economic Matters Committee (By Request - Departmental - MIA)

Prohibiting specified language limiting coverage for additional living expenses incurred by an insured as a result of a covered loss in a policy of homeowner's, fire, farmowner's, or dwelling insurance; specifying that specified language in a policy of homeowner's, fire, farmowner's, or dwelling insurance is void; and specifying that specified actions by an insurer are not prohibited. Economic Matters First Reading 2/6/08

Hearing 2/13-1PM
Favorable w/ amendments
Third Reading Passed 137-0
SENATE
1st Reading-Finance
Hearing 4/1-1PM
Third Reading Passed 47-0

860 Property and Casualty Insurance - Underwriting Based on Geographic Area

Chair, Economic Matters Committee (By Request - Departmental - Insurance Administration, Maryland)
 

Altering the requirements an insurer must meet before refusing to issue or renew a contract of motor vehicle, property, or casualty insurance solely because the insured property or the applicant's or insured's address is located within a specified geographic area of the State; requiring an insurer to adopt a specified underwriting standard and file it with the Maryland Insurance Commissioner for approval; etc. Economic Matters First Reading 2/6/08

Hearing 2/13-1PM

Unfavorable Report

1150 Workers' Compensation - Permanent Partial Disability - Compensation
 

Delegates Manno and Schuler

Requiring, if a covered employee receives additional compensation for a specified award for permanent partial disability, an employer or insurer to pay the additional compensation in a specified manner subject to a specified credit.

WITHDRAWN

Economic Matters First Reading 2/7/08

Hearing 3/10-2:30 PM

 

1152

Crossfiled SB729

Workers' Compensation Insurance - Premium Rates

Delegate Manno
 

Requiring the premium rates for workers' compensation insurance to be determined by the actual number of hours worked in each manual rate classification; and prohibiting the premium rates for workers' compensation insurance from being computed as a percentage of an employer's payroll.

Economic Matters First Reading 2/7/08

Hearing 3/19-1PM

Unfavorable Report

1154 Workers' Compensation - Permanent Partial Disability - Benefit
 

Delegate Manno and Schuler

Repealing provisions in law providing compensation awarded for a permanent partial disability claim for less than 75 weeks; repealing provisions related to compensation for public safety employees; increasing the maximum weekly benefit for an employee who is awarded compensation for less than 75 weeks; providing that all employees who are awarded compensation for permanent partial disability for less than 250 weeks will be entitled to the same maximum weekly benefit; etc.

WITHDRAWN

Economic Matters First Reading 2/7/08

Hearing 3/19-1PM

 

1167

Crossfiled SB568

Motor Vehicles- Certificates of Title- Rebuilt Salvage

Delegate Malone

Requiring that a certificate of title to a vehicle contain a conspicuous notation that the vehicle is 'rebuilt salvage' whenever an insurance company's application for a salvage certificate for the vehicle contains a statement that the cost to repair the vehicle for highway operation was equal to or less than its fair market value prior to its sustaining damage. Environmental Matters First Reading 2/8/08

Hearing 3/7-1PM

1252 Motor Vehicles-Accident Reports-Access & Disclosure

Delegates McComas, etal

Authorizing the employees and agents of specified prosecutors to access a specified motor vehicle accident report during the 60-day period after the report is filed; exempting specified prosecutors and the employees and agents of the prosecutors from a requirement that a person accessing the motor vehicle accident report must present a specified driver's license or identification card, proof of authorization, and a specified statement to a specified officer; altering penalties; and making the Act an emergency measure. Judiciary First Reading 2/8/08

Hearing 2/20-1PM

Unfavorable Report

1294 Vehicle Laws-Carrying and Displaying Proof of Required Security

Delegates McConkey, Kelly, Kramer & Smigiel

Requiring an individual who is operating a vehicle to carry in the vehicle proof of required security for the vehicle and to display the proof of required security on demand of a police officer; providing that specified requirements regarding proof of required security can be satisfied by carrying and making available a valid rental agreement in specified circumstances; and providing that a specified penalty applies to a failure to carry or display proof of required security.

WITHDRAWN

Environmental Matters First Reading 2/8/08

Hearing 3/11-1PM

1295

SUPPORT

Vehicle Laws-Required Security- Minimum Amounts

Delegates Barnes, etal

Increasing the minimum amounts of the required security for motor vehicles for the payment of claims for bodily injury or death arising from a motor vehicle accident from $20,000 to $30,000 for one person and from $40,000 to $60,000 for two or more persons; etc. Economic Matters First Reading 2/8/08

Hearing 2/26-1PM

Unfavorable Report

1309

Signed by Governor
5-13-08

Chapter 537

Business Regulation- Mold Remediation-Licensing

Delegate McHale

Requiring specified persons to be licensed by the Maryland Home Improvement Commission to provide mold remediation services; requiring the Commission to adopt regulations; providing that the Act does not limit the rights of specified individuals to engage in mold remediation; establishing the purpose of the Act; providing for the powers and duties of the Commission in licensing and regulating mold remediation service providers; requiring specified fees to be paid into the General Fund; etc. Economic Matters First Reading 2/8/08

Hearing 3/10-1PM

Favorable w/amendments
Third Reading Passed 132-3
SENATE-Health
Hearing 4/2-1PM
Third Reading Passed 46-0

1349 Vehicle Laws-Driver Improvement Programs - Deduction of Accumulated Points

Delegates Weir, Boteler, and Minnick

Authorizing an individual who has accumulated 2 or more points on the individual's driving record to request the Motor Vehicle Administration to deduct 2 points from the individual's driving record if the individual attends a specified driver improvement program or driver safety program; prohibiting the Administration from deducting more than 2 points from an individual's driving record in a 2-year period; etc. Environmental Matters First Reading 2/8/08

Hearing 3/11-1PM

Unfavorable Report

1353

OPPOSE

Signed by Governor
5-13-08

Chapter 540

Omnibus Coastal Property Insurance Reform Act

Delegates Rudolph, Impallaria and Mathias

Altering the requirements an insurer must meet before refusing to issue or renew specified insurance contracts solely because the insured property or the applicant's or insured's address is located within a specified geographic area of the State; requiring an insurer to adopt a specified underwriting standard and file the underwriting standard with the Maryland Insurance Commissioner for approval; etc.
Our Opposition to this bill is based on the testimony provided by IIAM during the 'Coastal Task Force' meetings held during the last quarter of 2007.  We provided testimony that the marketplace was stable and coverage was both available and affordable. 
Economic Matters First Reading 2/8/08

Hearing 2/26-1PM

Favorable w/amendments
Third Reading Passed 137-0
SENATE-Finance
Hearing 4/2-1PM
Third Reading Passed 47-0

1359 Insurance- Motor Vehicle Damages- Claims for Repairs and Repair Service Facilities

Delegate Impallaria

Altering the effect of specified provisions of law on insurers in connection with claims for repairs to motor vehicles; authorizing a claimant or insured to choose any repair service facility for the repair or replacement of property damage to a motor vehicle; requiring specified repair service facilities to make a specified disclosure to a claimant or insured before providing a repair service or repair product to the claimant or insured; etc. Economic Matters First Reading 2/8/08

Hearing 2/26-1PM
Unfavorable Report

1369

MONITOR

Vehicle Laws- Uninsured Motorists- Waiver of Right to Noneconomic Dagmes

Delegates Kipke, etal.

Establishing that an individual driving a motor vehicle that is not covered by insurance is considered to have waived the right to recover non-economic loss damages under specified circumstances; exempting specified individuals from the waiver under specified circumstances; creating a rebuttable presumption that an individual knows or has reason to know that the motor vehicle is not covered by insurance under specified circumstances; defining a specified term; etc. Economic Matters First Reading 2/8/08

Hearing 2/26-1PM
Referred to interim study by Economic Matters

1438 Income Tax - Credit for Long-Term Care Premium

Delegate Holmes
Altering a limitation on claiming the income tax credit for eligible long-term care premiums for more than 1 year with respect to the same insured individual; applying the Act to tax years beginning after December 31, 2007; etc. Ways & Means First Reading 2/12/08

Hearing 3/20-1PM

1453 Bail Bonds - Bail and Bail Bondsmen - Licensure and Regulation

Chair, Judiciary Committee and Chair, Economic Matters Committee (By Request - Departmental - MIA)

Requiring licensure of property bondsmen; requiring designation of bail bond commissioners by circuit administrative judges; authorizing referral to the Central Collection Unit of matters relating to forfeiture of recognizances; etc. Judiciary & Economic Matters First Reading 2/14/08

Hearing 3-20-08 1PM

Unfavorable Report

1459

Crossfiled SB866

MONITOR

Motor Vehicle Insurance - Use of Credit History in Rating Policies

Delegates Krysiak, Barve, Donoghue, Guzzone, Harrison, Kirk, Love, McHale, Pendergrass, and Stukes

Prohibiting an insurer, with respect to private passenger motor vehicle insurance, from rating a risk based, in whole or in part, on the credit history of an applicant or insured in any manner; repealing provisions of law authorizing an insurer to use the credit history of an applicant or insured to rate a new policy of private passenger motor vehicle insurance, subject to specified limitations and requirements; etc. Economic Matters First Reading 2/14/08

Hearing 3-10-08 2:30PM

 

1494

Crossfiled SB902

NO POSITION

Motor Vehicle Insurance - Uninsured Motorist Insurers - Waiver of Defenses

Delegate Feldman
Providing that the failure of an uninsured motorist insurer to respond to a specified notice of a specified settlement offer or the consent of an uninsured motorist insurer to acceptance of a specified settlement offer shall not operate as a waiver of any defense of the uninsured motorist insurer available in an action between the uninsured motorist insurer and a person injured in a motor vehicle accident. Economic Matters First Reading 2/19/08

Hearing 3/10- 2:30PM

1496 Condominiums - Property Insurance Coverage and Repair of Units

Delegate Bohanan
Authorizing the council of unit owners of a condominium with less than 100 units to choose not to maintain property insurance on the units; and providing that specified provisions regarding the repair or replacement of damaged condominium property do not apply to the repair or replacement of a unit in a condominium with less than 100 units if the council of unit owners chooses not to maintain property insurance on the units. Environmental Matters First Reading 2/19/08

Hearing 3/19-1PM

Referred in interim study by Economic Matters

1510 Premium Finance Companies - Calculation of Finance Charge

Chair, Economic Matters Committee (By Request - Departmental - MIA)
 

Altering the calculation of the finance charge under premium finance agreements; etc.

 

Economic Matters First Reading 2/20/08

Hearing 3-10-08 2:30PM

1581

MONITOR

Signed by Governor
4-8-08
Chapter 117

Private Passenger Motor Vehicle Insurance, Homeowner's Insurance, and Personal Insurance - Renewals of Policies - Transfers of Policyholders Between Insurers

Delegates Harrison, Carter, Oaks, Robinson, Stukes, and Taylor

Providing that, with respect to private passenger motor vehicle insurance policies and homeowner's insurance policies, the transfer of a policyholder between insurers within a specified insurance holding company system is a renewal under specified circumstances; etc. Economic Matters First Reading 2/29/08

Hearing 3-20-08 1PM

Favorable Report
Third Reading Passed 136-0
SENATE-Finance
Hearing 4/2-1PM
Third Reading Passed 46-0

1589

Signed by Governor     4-24-08

Chapter 331

Insurance Producers - Licensing Requirements

Chair, Economic Matters Committee (By Request - Departmental - Insurance Administration, Maryland)
 

Authorizing the Maryland Insurance Commissioner to waive specified requirements for an insurance producer license for applicants who have been conferred specified professional designations; altering the number of hours of continuing education that an insurance producer is required to receive in a renewal period; requiring an insurance producer to receive a specified number of hours of continuing education in ethics for each renewal period; etc. House Rules & Executive Nominations First Reading 3/3/08

Hearing 3-20-08 1PM
Third Reading Passed 130-8
SENATE-Finance
Third Reading Passed 43-0

 

1590 Employer Misclassification of Employees as Independent Contractors

Chair, Economic Matters Committee (By Request - Departmental - Labor, Licensing and Regulation)

Prohibiting employers from misclassifying employees as independent contractors; providing specified penalties and the award of specified damages and wages for violations of the Act; authorizing an employee who has not been properly classified as an employee to bring a civil action against an employer; requiring employers to retain specified records for a specified period of time; etc House Rules & Executive Nominations First Reading 3/3/08

Hearing 3-20-08 1PM
Unfavorable Report

Senate Bills

BILL NUMBER BILL TITLE & SPONSOR SYNOPSIS COMMITTEE STATUS
2

NO POSITION

Vehicle Laws - Use of Wireless Communication Devices While Driving - Prohibitions
 

Senator Lenett

Prohibiting a driver of a specified school vehicle from using wireless communication devices; prohibiting a holder of a learner's instructional permit or provisional driver's license who is 18 years of age or older from driving a motor vehicle while using wireless communication devices; prohibiting a driver of a motor vehicle that is in motion from using the driver's hands to use specified wireless communication devices except under specified circumstances; establishing penalties for specified violations; etc. Judicial Proceedings First Reading 1/9/08

Hearing 1/22-1PM
Favorable w/amendments
Third Reading Passed 26-21
HOUSE
1st Reading-Environmental Matters
Hearing 3/25-1PM
Unfavorable Report

30

NO POSITION

 

 

Motor Vehicle Accident Reports - Access - Members of the General Assembly

Senators Astle and Pipkin

Authorizing a member of the General Assembly to access a motor vehicle accident report under specified circumstances; and making stylistic changes.

WITHDRAWN

Judicial Proceedings First Reading 1/9/08

Hearing 1/16-1PM
1/15-Hearing Cancelled

65 Health Insurance-Small Group Market-Coverage of Child Dependents

Senator Brochin

Requiring the Maryland Health Care Commission to include specified coverage of child dependents in the Comprehensive Standard Health Benefit Plan, etc. Finance First Reading 1/14/08

Hearing 1/23-1PM

Unfavorable Report

69

NO POSITION

 

Vehicle Laws-Motorcycles-Definition

Senators DeGrange, Gladden and Kramer

Altering the definition of 'motorcycle' under the Maryland vehicle law; and making the Act an emergency measure

WITHDRAWN

Judicial Proceedings First Reading 1/14/08

Hearing 1/22-1PM
Hearing Cancelled 1-17

88

Signed by Governor
5-13-08

Chapter 363

 

Allegany County- Workers' Compensation-Students in Unpaid Work-Based Learning Experiences

Senator Edwards

Authorizing the Allegany County Board of Education to waive the requirement that a participating employer who reimburses the county for the cost of workers compensation insurance coverage for students placed in unpaid work-based learning experiences. Finance First Reading 1/16/08

Hearing 1/22-1PM
Favorable Report; 2nd reading passed; 3rd Reading passed 42-0
HOUSE
1-29 1st Reading House Economic Matters
Hearing 3/26-1PM
Third Reading Passed 140-0

93 Vehicle Laws-Drivers' Licensing of Illegal Aliens-Restrictions

Senators Brochin, Greenip, Harris & Stone

Prohibiting in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances, etc. Judicial Proceedings First Reading 1/16/08

Hearing 2/26-1PM

105

NO POSITION

 

Maryland Automobile Insurance Fund-Authority of Commissioner to Impose Penalties and Restitution

Senator Astle

Authorizing the Maryland Insurance Commissioner to impose a specified penalty on the Maryland Automobile Insurance Fund for a violation of the Insurance Article; and authorizing the Commissioner to require the Fund to make restitution to a person who has suffered financial injury because of the violation of the Insurance Article. Finance First Reading 1/16/08

Hearing 1/22-1PM

148

NO POSITION

 

Maryland Automobile Insurance Fund - Uninsured Division - Claims
 

Chair, Finance Committee (By Request - Departmental - Automobile Insurance Fund)
 

Altering the requirements for making a qualifying claim against the Uninsured Division of the Maryland Automobile Insurance Fund to exclude, from those eligible to make a qualifying claim, a beneficiary of a specified self-insurance certificate, an owner or operator of a taxicab that does not have uninsured motorist coverage, a person that owns any registered uninsured motor vehicle, a claimant driving a motor vehicle without a valid certificate of registration, and a claimant that does not hold a valid driver's license; etc. Finance First Reading 1/23/08

 

173 Income Tax- Credit for Installation of Fire Suppression Systems

Senators Astle, Brinkley, Robey

Allowing a credit against the State income tax for specified costs of fire suppression systems; providing that the credit may not exceed the State income tax for that taxable year and that any unused credit may be carried over to another taxable year; allowing specified taxpayers to claim a refund of the credit; defining terms; applying the Act to tax years after 2007; etc. Budget and Taxation First Reading 1/18/08

Hearing 1/30-1PM
Favorable Report
Third Reading Passed 46-0
HOUSE
1st Reading-Ways & Means
Hearing 3/27-1PM

185 Vehicle Laws-Lapsed or Terminated Security-Penalties

Chair, Judicial Proceedings (By request)

Reducing from $150 to $100 the penalty that may be assessed by the Motor Vehicle Administration for a vehicle that is without the required security for 1 to 30 days; increasing the daily penalty that may be assessed for violating vehicle security requirements after a specified period; increasing the maximum penalty that may be assessed for a violation of vehicle security requirements occurring within a 12-month period; repealing obsolete provisions; etc. Judicial Proceedings First Reading 1/18/08

Hearing 1/31-1PM
Unfavorable Report

192

Signed by Governor
4-8-08
Chapter 25

Maryland Health Insurance Plan-Application of Insurance Fraud Law

Chair, Finance Committee (By Request MIA)

Providing that specified provisions of law relating to fraudulent insurance acts that apply to insurers also apply to the Maryland Health Insurance Plan.

 

Finance First Reading 1/18/08

Hearing 2/6-1PM
Favorable Report
3rd Reading Passed 46-0
HOUSE-
House 1st Reading 2/28
Health & Govn't Ops
Hearing 3/27-1PM
Favorable Report
Third Reading Passed 138-0

196

Signed by Governor    4-24-08

Chapter 160

State Commission of Real Estate Appraisers and Home Inspectors-Licensing, Disclosure and Insurance Requirements

Chair Finance (By Request-Labor, Licensing and Regulation

Altering specified licensing requirements for a home inspector licensed by the State Commission of Real Estate Appraisers and Home Inspectors; requiring home inspectors to provide specified credentials and a specified disclosure prior to performing an inspection; requiring home inspectors to maintain specified amounts of general liability insurance; etc. Finance First Reading 1/18/08

Hearing 2/7-1PM

Favorable Report
3rd Reading Passed 47-0
HOUSE
2/28-1st Reading Economic Matters
Hearing 3/25-1PM
Third Reading Passed 137-2

215 Maryland False Health Claims Act

Chair, Judicial Proceedings (By Request-Dept. of Health and Mental Hygiene)

Prohibiting specified actions constituting false claims against a State health plan or a State health program; providing specified penalties for making false claims against a State health plan or a State health program; authorizing the State to file a civil action against a person who makes a false claim against a State health plan or a State health program under specified circumstances; providing for the procedures to be followed in a civil action; providing for specified remedies under a civil action; etc. Judicial Proceedings First Reading 1/18/08

Hearing 1/30-1PM
Favorable Report
Third Reading Failed
21-25

327 Identity Fraud - Personal and Business Documents and Cardholder Affidavits - Evidence

Senators Kelley and Jones (Task Force to Study Identity Theft), Etal

Providing that specified personal and business documents are admissible as evidence and presumed to be authentic if the account holder testifies as to their authenticity in any judicial or administrative proceeding; and authorizing, in a criminal case or juvenile proceeding involving identity fraud, the introduction of the affidavit of a lawful credit cardholder as substantive evidence that the credit card or credit card number of the credit cardholder was taken, used, or possessed without authorization. Judicial Proceedings First Reading 1/28/08

Hearing 2/12-1PM
Favorable w/amendments
2nd Reading Passed
Third Reading Passed 45-0
HOUSE
1st Reading-Judiciary
Hearing 3/27-1PM
Unfavorable Report

345 Vehicle Laws - Minor Holding Provisional Driver's License - Passenger Restrictions

Senator Dyson

Extending to 1 year the period of time from the date a provisional driver's license is issued to a minor during which the minor is prohibited from transporting specified individuals under the age of 18 years as passengers except under specified circumstances. Judicial Proceedings First Reading 1/28/08

Hearing 2/19-1PM
Unfavorable Report

372 Vehicle Laws - Motorcycle - Definition

Senators DeGrange, Gladden, Kramer, and Astle
 

Altering the definition of "motorcycle" in the Maryland Vehicle Law to include a motor vehicle that has two front wheels positioned on a single front axle and one rear wheel; and making clarifying and conforming changes.

WITHDRAWN

Judicial Proceedings First Reading 1/30/08

Hearing 2/28-1PM

391

2007-SB788

MONITOR

Maryland Automobile Insurance Fund - Payment of Fees for Motor Vehicle Records - Required

Senators Astle & DeGrange
 

Requiring the Maryland Automobile Insurance Fund to pay to the Motor Vehicle Administration a specified fee for motor vehicle records provided by the Administration to the Fund. Finance First Reading 1/30/08

Hearing 3/4-1PM

542 Workers' Compensation-Covered Employment-Nonstock Corporations

Senator Haines

Authorizing specified directors and officers of specified non-stock corporations to elect to be exempt from coverage under the workers' compensation law.

WITHDRAWN

Finance First Reading 2/1/08

Hearing 2/26-1PM

550

Crossfiled HB969

Health Care- Malpractice-Death-Noneconomic Damages

Senator Gladden

Increasing specified limitations on non-economic damages for a survival action and a wrongful death action concerning health care malpractice for a cause of action arising on or after January 1, 2009. Judicial Proceedings First Reading 2/1/08

Hearing 3/12-1PM

553 Insurance-Slavery Era Insurance Policies-Reporting

Senator Gladden

Requiring specified insurers to provide the Maryland Insurance Commissioner with a report of specified information about specified slaveholder insurance policies issued during the slavery era; authorizing a specified holding company to designate an insurer to be a reporting insurer on behalf of the member insurers of the holding company; requiring the Commissioner to adopt regulations that specify the form and content of a specified report; requiring a specified report to contain specified names; etc. Finance First Reading 2/1/08

Hearing 3/11-1PM
Favorable Report
Third Reading Passed 47-0
HOUSE-Rules Exec. Nom. Re-referred to House Economic Matters
Hearing 4/2-1PM

571

Crossfiled HB915

Signed by Governor    4-24-08

Chapter 192

Surety Insurers-Failure to Pay Bail Bond Judgment- Penalties

Senator Astle

Providing that a surety insurer that is precluded or removed from a specified list by a circuit court due to failure to timely resolve or satisfy specified bail bond forfeitures shall be subject to specified penalties; and requiring a clerk of a circuit court to notify the Maryland Insurance Commissioner of the names of specified surety insurers and specified bond forfeitures at a specified time. Finance First Reading 2/1/08

Hearing 2/27-1PM

Favorable Report
3rd Reading Passed 45-0
HOUSE
1st Reading-Econ. Matters
1st Reading-Judiciary
Hearing 3/27-1PM
Third Reading Passed 141-0

579

Crossfiled HB1134

Immunity from Liability- Medical Emergency-Use of Automated External Defibrillator

Senator Forehand

Providing immunity from civil liability under specified circumstances, notwithstanding other provisions of law, to an individual or facility that acquires an automated external defibrillator (AED) or that owns or manages the premises where an AED is located, to an individual who retrieves an AED, or to an individual who uses, attempts to use, or fails to use an AED; etc. Judicial Proceedings First Reading 2/1/08

Hearing 3/12-1PM

Favorable w/amendments
Third Reading Passed 47-0
HOUSE-Rules Exec. Nom.
Third Reading Passed 137-4

588

Crossfiled HB1053

Common Ownership Communities-Fidelity Bond Coverage

Senators Kelley, Conway, Garagiola, Pugh, Raskin, Rosapepe, Stone

Requiring specified governing or managing bodies of a cooperative housing corporation, condominium, or homeowners association to execute a fidelity bond for specified purposes in a specified amount; prohibiting the total liability of the surety to all insured persons under the bond from exceeding the sum of the bond; establishing that specified unit or lot owners may submit a specified dispute to the Division of Consumer Protection of the Office of the Attorney General; etc. Judicial Proceedings First Reading 2/1/08

Hearing 2/21-1PM

Unfavorable Report

603

MONITOR

MAIF- Acceptance of Premiums on an Installment Basis

Senators Pugh, etal.

Authorizing the Maryland Automobile Insurance Fund to accept premiums on an installment basis; etc. Finance First Reading 2/1/08

Hearing 2/26-1PM

679

MONITOR

Injured Workers' Insurance Fund - Regulation by the Maryland Insurance Commissioner

Senator Kittleman
 

Removing the Injured Workers' Insurance Fund from exceptions to specified provisions of law; providing that the Fund is subject to examination in accordance with specified provisions of law; providing that the Fund is subject to specified provisions of law regarding rate making and rating; authorizing the Maryland Insurance Commissioner to enforce specified provisions of law to which the Fund is subject; etc. Finance First Reading 2/1/08

Hearing 2/26-1PM

Favorable w/amendments
3rd Reading Passed 46-0
HOUSE-Econ. Matters
1st Reading 3-7-08
Hearing 3/25-1PM
Third Reading Passed 135-0

701

Crossfiled
HB1100

Signed by Governor
5-13-08

Chapter 440

Insurance Producers - Life and Health Insurance Examinations - Annual Reports
 

Senators Jones, Astle, and McFadden
 

Requiring the Maryland Insurance Commissioner or a designee of the Commissioner on or before April 1 of each year to prepare and publish a specified report that relates to life and health insurance producer examinations administered during the preceding calendar year; requiring the report to include specified information about specified examinees in a specified manner; etc. Finance First Reading 2/1/08

Hearing 2/20-1PM

3rd Reading Passed 47-0

House Action-2/28-1st Reading-Health & Govn't Ops
Hearing 3/27-1PM
Third Reading Passed 129-8

702

MONITOR

Injured Workers' Insurance Fund - Audit Requirement

Senator Jones

Requiring the Legislative Auditor to conduct fiscal/compliance audits of the Injured Workers' Insurance Fund; specifying the factors to consider when determining the audit scope; specifying that a legislative audit is in addition to and not instead of audits conducted by or any regulatory authority of the Maryland Insurance Commissioner; providing for distribution of the audits; etc. Finance First Reading 2/1/08
729

OPPOSE

Workers' Compensation Insurance - Premium Rates

Senator Rosapepe

Requiring the premium rates for workers' compensation insurance to be determined by the actual number of hours worked in each manual rate classification; and prohibiting the premium rates for workers' compensation insurance from being computed as a percentage of an employer's payroll. Finance First Reading 2/1/08

Hearing 2/26-1PM

Unfavorable Report

796

Signed by Governor
4-24-08

Chapter 796

Vehicle Laws - Motor Vehicle Accident Reports - Access

Senators Astle and Pipkin

Authorizing a member of the Maryland General Assembly to access a motor vehicle accident report under specified circumstances; providing that a designated employee of a law enforcement agency may be presented with specified documentation under specified circumstances; exempting specified entities that may access motor vehicle accident reports from a requirement that they present specified documentation to an officer or designated employee of a law enforcement agency; etc. Judiciary First Reading 2/6/08

Hearing 3/11-1PM
Favorable Report
2nd Reading w/amendments Passed
Third Reading Passed 47-0
HOUSE
Favorable Report
Hearing 3/27-1PM
Third Reading Passed 138-0

866

Crossfiled HB1459

Motor Vehicle Insurance - Use of Credit History in Rating Policies

Senator Della
 

Prohibiting an insurer, with respect to private passenger motor vehicle insurance, from rating a risk based, in whole or in part, on the credit history of an applicant or insured in any manner; repealing provisions of law authorizing an insurer to use the credit history of an applicant or insured to rate a new policy of private passenger motor vehicle insurance, subject to specified limitations and requirements; etc. Finance First Reading 2/13/08

Hearing 3-18-08 1PM

902

Crossfiled HB1494

Motor Vehicle Insurance - Uninsured Motorist Insurers - Waiver of Defenses

Senator Kelley
 

Providing that the failure of an uninsured motorist insurer to respond to a specified notice of a specified settlement offer or the consent of an uninsured motorist insurer to acceptance of a specified settlement offer shall not operate as a waiver of any defense of the uninsured motorist insurer available in an action between the uninsured motorist insurer and a person injured in a motor vehicle accident. Judicial Proceedings First Reading 2/18/08

Hearing 3-18-08 1PM

950 Injured Workers' Insurance Fund - Minority Business Enterprise Procurement Activities
 

Senator Exum

Requiring the Board for the Injured Workers' Insurance Fund to conduct procurement activities identical to and consistent with specified minority business enterprise purchasing standards applicable to State government agencies; specifying that the Fund is subject to specified provisions of State law; and requiring the Board to submit in its annual report to the Governor specified data regarding minority business enterprise procurement activities. Finance
 
First Reading 2/26/08

Hearing 3/18-1PM

Unfavorable Report

957

MONITOR

Homeowner's Insurance - Issuance and Renewal of Policies in Certain Geographic Areas

Senator Stone
Prohibiting specified insurers from refusing to issue or renew a policy of homeowner's insurance solely because the subject of the risk or the applicant's or the insured's address is located in a specified geographic area; etc. Finance First Reading 2/27/08

Hearing 3-18-08 1PM

971

OPPOSE

Homeowner's Insurance - Assignment of Policy on Sale of Property

Senator Stone
 

Authorizing the policyholder under a homeowner's insurance policy to assign the policy to the purchaser of the property that is covered by the policy; requiring that an assignment made under the Act be in writing; requiring the purchaser of the property to send a copy of the contract of assignment to the insurer within a specified time after assignment; etc. Finance First Reading 2/29/08

Hearing 3-18-08 1PM

Unfavorable Report