Issue:  2006-02-13

On the Books

♦ The Circuit

Insurance Advocate readers " particularly association leaders " may be interested in laws taking effect across the country in 2006. We offer a run down of some of the innovative measures that might prove useful in New York and New Jersey.

Privacy

Louisiana and Minnesota will each have new laws that require the notification of any resident of the state when personal information was or is reasonably believed to have been accessed by unauthorized parties.

(Louisiana SB 205, 2005 Legislative Session) (Minnesota HF 2121, 84th Legislative Session)

Victims of identity theft in Nevada can apply for an identity theft passport after filing a police report. The identity theft passport can be used to prevent the victims arrest or detention on charges stemming from the illegal use of the victims identity and can be used to identify the victim with creditors to aid in the investigation of fraudulent activity.

(Nevada SB 304, 72nd Legislative Session)

Automobile manufacturers who sell vehicles in Nevada that contain an event recording device or black box must include a disclosure of the devices existence in the vehicles owners manual. The disclosure must notify an owner of the devices ability (if applicable) to:

Record the direction and rate of speed at which the motor vehicle travels;

Record steering performance;

Record brake performance, including whether the brakes were applied before an accident;

Record the status of the drivers safety belt;

Transmit information concerning the accident to a central communications system.

Additionally, the data recorded cannot be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle.

(Nevada AB 315, 2005 Legislative Session)

Criminal Justice

Michigan law enforcement officers will have a new series of laws on the books to help keep children safe from child predators. The new law:

Prohibits a registered sex offender from living, working or loitering within 1,000 feet of school property;

Requires criminal background checks for operators " and their families " of home day care centers, employees of day care centers, and full and part time school personnel;

Prohibits day care centers and schools from employing an individual convicted of a listed sex offense.

(Michigan SB 129/601/606/607/609/611/615/616/617 HB 4002/4928/4930/4931/4932/4933/4936/4958, 2005 Legislative Session)

Miscellaneous

Pocket bikes, miniature motorcycles usually powered by a gas or electric engine, have been banned from public roads in New Hampshire as of January 1. Additionally, pocket bike retailers will be required to provide written disclosure to purchasers that advises them that their existing insurance policies may not provide coverage for damages that occur while operating a pocket bike and that the devices are not legal for operation on public roads.

(New Hampshire HB 286, 158th Session)

We are lagging way-behind the practices of one state in one important way:

Drivers in Georgia will be able to sport license plates donning the NASCAR Logo and the colors of their favorite driver. The new law also designates Bill Elliott Day in honor of the popular 1988 NASCAR Winston Cup champion.

(Georgia SB 168, 2005 Legislative Session)

Meanwhile, Back Home

And, of course, in New York we have now got these added strictures:

New York lobbyists will face stricter disclosure laws as well as restrictions on lobbying for government contracts. Penalties are created for violations of lobbying laws.

(New York S 5873, 2005 Legislative Session)

Operation of personal watercraft in New York will be restricted to individuals over the age of 14 who have completed a boating safety course, or are accompanied by an individual 18 years-old or older who has completed a boating safety course.

(New York S 4129, 2005 Legislative Session)

Senate Majority Leader Bruno has announced his commitment to make property tax relief the top priority in the current session. New York property taxes limit so many and so much. Municipal property tax relief, including additional incentives for local government cooperation, valid qualification for property tax exemptions, and income tax credits for volunteer firefights, and others, together with mandate relief, will ease the pain homeowners and municipalities face. The New York Conference of Mayors has been leading the change here and discusses grass roots support. Your clients from property owners to contractors will than you for conveying information to them about the Energy Policy Act of 2005, signed by President George W. Bush back in August. The acts provisions include savings, incentives, and a host of goodies for energy efficiency and conservation measures. Call your association or the Oval Office itself. Just be sure to pronounce nuclear incorrectly.

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