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ARIZONA (Contributor: Patrick C. Gorman, Jones, Skelton & Hochuli, PLC, Phoenix, Arizona)
NEW BUSINESS
LIFE, HEALTH & DISABILITY
HB 2546, relating to medical expenses
• Adds a new section to § 12-557 stating that in a claim to recover medical expenses as a result of injury or death, claimant shall recover reasonable medical expenses or, if none were paid, then he gets the reasonable and necessary expenses for which he is obligated
• “Reasonable medical expenses” are defined as “the expenses for which monies were actually paid by the claimant, the claimant’s health insurance company or any other collateral source in full satisfaction of the services rendered,” including the deductible”
• 01/10/12 – Read twice and referred to Judiciary and Rules Committees
LAW PRACTICE MANAGEMENT
SB 1183, relating to false court filings
• Providing that a person shall not file a document containing false information in court, or provide such a document to another knowing it will be filed in court, or else faces a civil fine of $1,000 for each page containing false information
• Court keeps the fine money for its use
• 01/23/12 – Read twice and referred to Judiciary and Rules Committees
EMPLOYMENT AND LABOR LAW
HB 2351, relating to employment discrimination
• Increases the statute of limitations from one year to two years and specifies the circumstances under which a claimant can get compensatory and punitive damages in unlawful employment practices cases
• 01/18/12 – Read once and referred to Judicial, Commerce, and Rules Committees
TECHNOLOGY, INSURANCE LAW
HB 2321, relating to texting while driving
• Prohibits texting while driving
• Allows drivers to enter a phone number for the purpose of making a cell phone call
• Exception if you are in a lane of traffic but are not moving for some reason other than a red light or stop sign
• 01/18/12 – Read twice and referred to Judiciary and Rules Committees
TRIAL TACTICS
HB 2652, relating to deadly force, reporting, and admissibility
• If a person is involved in the threatened or actual use of deadly force, and the person promptly calls police or medical for help, the person’s statement is not admissible in a civil or criminal action against him, except for impeachment purposes
• Purpose is to encourage prompt reporting
• 01/18/12 – Read once and referred to Judicial, Commerce, and Rules Committees
PRODUCT LIABILITY
SB 1336, relating to liability for punitive damages
• Exempts a manufacturer from liability for punitive damages if the manufacturer follows federal, state, or agency-issued product standards
• 01/30/12 – Read twice and referred to Commerce and Energy and Rules Committees
OLD BUSINESS
GOVERNMENTAL LIABILITY
SB 1016, relating to workers’ compensation
• Specifies that schools have immunity from liability for use of school grounds during non-instructional times, excludes swimming pools and other aquatic features
• 01/10/12 – Read twice and referred to Education Committee and Rules Committee
• 01/19/12 – Passed and transmitted to the House
SB 1071, relating to Racial Profiling
• Prohibits officers from detaining individuals based solely on any noncriminal factor of combination of noncriminal factors.
• Prohibits officers from engaging in racial profiling
• Creates training requirements for officers to stress understanding of racial, ethnic, national, religious, and cultural differences.
• Defines racial profiling as “the practice of a peace officer who relied to any degree on race, ethnicity, national origin, or religion in selecting which individual to subject to routine invest gory activity or deciding on the scope and substance of law enforcement activity following the initial routine investigatory activity.”
• 01/11/12 – Read twice and referred to Public Safety and Human Services Committee, Judiciary Committee, and Rules Committee.
• 01/19/12 – No legislative event
CORPORATE COUNSEL
HB 2151, relating to voluntary classification settlement program
• Establishes a voluntary classification program under which an employer can voluntarily reclassify workers as employees for state employment tax purposes, obtain relief from potential tax penalties, and pay limited state employment tax for the past treatment of workers as nonemployees
• Introduced to House
• 01/17/12 – Referred to Way and Means Committee and Rules Committee
INSURANCE LAW
HB 2281, relating to used tire establishments
• Prohibits the sale of unmounted, unsafe used tires
• Prohibits the installation of unsafe used tire on a vehicle.
• Defines used tire as: Less and 1/16" of tread;Exposed reinforcing plies;Improperly repaired tire;Tire is repaired with tire sealant;Tire was recall due to safety;Inner lining or bead damage
• Bulging or irregular tread
• Introduced to House
• 01/17/12 – Referred to Commerce, Transport ration, and Rules Committee
ENVIRONMENTAL & TOXIC TORT
HB 2386, relating to successor asbestos claims
• Restricts liability for asbestos claim of a successor corporation to the fair market value of the total gross assets of the transferor corporation determined at the time of the merger or consolidation
• Successor corporation does not have responsibility for successor asbestos related claims in excess of this limitation
• Introduced to House
• 01/18/12 – Read in House twice, Referred to Judiciary and Rules Committee
COLORADO (Contributor: Robert J. Zavaglia, Jr., Treece Alfrey Musat P.C., Denver, Colorado)
PROFESSIONAL LIABILITY
H.B. 12-1015, relating to professional liability
• To eliminate the Department of Regulatory Agencies’ discretion in declining to review new proposals for the regulation of currently unregulated professionals
• 01/11/12 – Introduced In House; Passed Third Reading Unamended and Assigned to Senate Business, Labor and Technology on 01/31/2012
H.B. 12-1110, relating to the regulation of appraisal management companies, creation of a new board governing appraiser licenses
• In compliance with federal law, Colorado currently requires the licensing of real estate appraisers. In order to promote enhanced consumer protection, recently adopted federal guidelines now require mortgage lenders to use entities known as appraisal management companies, which hire licensed real estate appraisers, to value property for lending purposes. Appraisal management companies are not currently subject to regulation under Colorado law.
• Authorizes the board of real estate appraisers to regulate appraisal management companies. Defines necessary terminology and requires registration of appraisal management companies. Sets forth the requirements for registration and exemptions for certain types of activities.
• Amends the section creating the board of real estate appraisers by adding a member who is an officer or employee of an appraisal management company and subtracting one public member.
• Establishes requirements for owners and controlling persons of appraisal management companies, including a requirement that certain persons submit information, including fingerprints, for criminal history record checks.
• Sets forth prohibited activities and grounds for disciplinary action against appraisal management companies and owners and controlling persons. Establishes administrative and criminal penalties for violations, and grants the board of real estate appraisers the power to administer the provisions of the bill.
• The bill requires real estate appraisers to maintain errors and omissions insurance. Appraisal management companies are required to post with the board a surety bond in the amount of $25,000.
• 01/20/12 – Introduced In House; Assigned to Economic and Business Development
PROFESSIONAL LIABILITY
H.B. 12-1210, allowing licensed professionals from other states to practice within Colorado for one year
• Allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado.
• 01/30/12 – Introduced In House; Assigned to Economic and Business Development
INSURANCE LAW, PROFESSIONAL LIABILITY
H.B. 12-1057, relating to homeowners insurance policy minimum coverages and disciplinary procedure for nondisclosure of producer relationships
• Requires insurance commissioner to adopt rules creating:
• Educational requirement for insurance producers related to homeowner’s insurance, including estimating replacement value
• Minimum requirements for additional living expense coverage for a period of time of no less than 24 months after a loss requiring additional living arrangements
• Require insurers make available to policyholders copies of homeowner’s insurance policies, including declaration pages, within 48 hours after a loss or a request
• Standards for paying contents loss claims in the event of total loss
• Add arbitration requirements for disputes between insured homeowners and insurers relating to policy coverage
• A requirement to provide summary disclosure forms to homeowner’s insurance policyholders at least annually
• Potential disciplinary action by the commissioner against insurance producers that fail to accurately describe to an insured the relationship of the producer to an insurer as the representative of the insurer and not a representative of, or advocate for, the insured policyholder; or accurately represent the adequacy of policy limits in a homeowner’s insurance policy to cover total loss of the property
• 01/11/12 – Introduced In House; Assigned to Local Government + State, Veterans, & Military Affairs
INSURANCE LAW
H.B. 12-1215, conforming the Nonadmitted Insurance Act to the NRRA
• The bill makes the following changes to the “Nonadmitted Insurance Act” to comply with requirements of the federal “Nonadmitted and Reinsurance Reform Act of 2010”, commonly referred to as “NRRA”:
• Adds definitions of the terms “affiliate”, “affiliated group”, “control”, “federal act”, “home state”, “independently procured insurance”, “multistate risk”, “nonadmitted insurance”, and “person”;
• Authorizes the division of insurance to collect insurance premium tax on surplus lines insurance more frequently than once per year;
• Subjects surplus lines insurance procured without a broker to taxation as the sale of this type of insurance rather than as unauthorized insurance, as is the case under current law; and
• Requires the collection of insurance premium tax on surplus lines insurance at the full rate except for multistate policies where the risk involves states with which Colorado has entered into a compact or multistate tax-sharing agreement to share the tax, in which case the premium tax rates will be determined according to the terms of those arrangements
• 01/31/12 – Introduced In House; Assigned to Finance
TOXIC TORTS & ENVIRONMENTAL LAW
H.B. 12-1022, relating to mining activity requirement to take steps to protect senior water rights
• Current law requires that the portion of the captured precipitation that historically reached the stream to prevent injury to senior water rights
• Current law does not give the mine operator any credit for this reduction in evapotranspiration when calculating the obligation to replace stream depletions unless it is a sand and gravel mine
• The bill specifies that for all permitted mining operations, there will be no requirement to replace the amount of historic natural depletion to the waters of the state that was caused by the preexisting natural evapotranspiration on the surface of an area that will be, or that has been, eliminated or made impermeable
• 02/01/12 – Passed Third Reading Unamended and Assigned to Senate Agriculture, Natural Resources, and Energy
• 01/11/12 – Introduced In House
WORKERS’ COMPENSATION
H.B. 12-1033, relating to administrative fines for insurer of self-insured employer’s late reporting of injury
• Specifies that the director of the division of workers’ compensation may not impose an administrative fine on an insurer or self-insured employer as a result of a compliance audit for late reporting of an injury, occupational disease, or fatality when the late reporting resulted from the insurer or self-insured employer not having notice or knowledge of the injury, occupational disease, or fatality in sufficient time to comply with the reporting period
• Bill permits the director to impose a fine if the director finds that the late reporting constituted a knowing and repeated pattern of noncompliance with the reporting requirements and was not caused by the insurer or self-insured employer’s lack of notice or knowledge of the injury, occupational disease, or fatality
• 01/31/12 – Passed Third Reading with Amendments and Assigned to Senate Business, Labor and Technology
• 01/11/12 – Introduced In House
TRIAL TACTICS
H.B. 12-1085, relating to an exception to the hearsay rule for developmentally disabled
• The bill creates a statutory exception to the hearsay rule of evidence to admit an otherwise inadmissible out-of-court statement made by a person with a developmental disability in:
• Any criminal or delinquency proceeding in which the person is alleged to have been a victim;
• Instances in which the person’s statement describes all or part of any of certain sexual offenses performed with, by, on, or in the presence of the person in a criminal or civil proceeding in which a person is charged with committing a sexual assault, unlawful sexual contact, or sexual assault on a client by a psychotherapist;
• Instances in which the person’s statement describes any act of child abuse in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of child abuse or alleged to be neglected or dependent; and
• Instances in which the person’s statement describes all or part of an offense involving homicide or a related offense or describing an act of domestic violence in any criminal, delinquency, or civil proceeding in which a child is alleged to be a victim of an offense involving homicide or a related offense or a victim of an act of domestic violence
• The new hearsay exception shall apply only if: (1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and (2) The person either testifies at the proceedings or is unavailable as a witness and there is corroborative evidence of the act that is the subject of the statement
• If such a statement is admitted, the court shall instruct the jury in the final written instructions that during the proceeding the jury heard evidence repeating an out-of-court statement by a person with a developmental disability, that it is for the jury to determine the weight and credit to be given the statement, and that, in making the determination, the jury shall consider the nature of the statement, the circumstances under which the statement was made, and any other relevant factor
• 01/17/12 – Introduced In House; Assigned to Judiciary
EMPLOYMENT AND LABOR LAW
H.B. 12-1134, relating to civil penalties for job advertisements requiring current employment as a precondition
• prohibits an employer, employer’s agent, employer’s representative, or employer’s designee (referred to as “employer”) from publishing, in print or on the internet, an advertisement for any job vacancy that contains a provision that states: (1) The qualifications for a job include current employment; (2) An application for employment will not be considered if the applicant is currently unemployed; or (3) Only applications submitted by job applicants who are currently employed will be considered
• An employer who violates the provisions of the bill is subject to a civil penalty. The bill also clarifies that the prohibitions regarding advertising do not establish a private cause of action by an aggrieved person
• 01/20/12 – Introduced In House; Assigned to Economic and Business Development
TRIAL TACTICS
S.B. 12-069, relating to modification of statute of limitations for debt collection actions
• Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within 6 years after the cause of action accrues.
• 01/19/12 – Introduced In Senate ; Assigned to Judiciary
HAWAII (Contributors: Dawn Sugihara and Anne Horiuchi, Goodsill Anderson Quinn & Stifel LLP, Honolulu, Hawaii)
CONSTRUCTION LAW
HB 1969, relating to contracts
• Shortens the time by which subcontractors are to receive progress and final payments from contractors on government and private construction projects
• Provides interest penalties for late payments
• 01/24/12 – passed with amendments by House Economic Revitalization & Business
SB 2412, relating to contracts
• Shortens the time by which subcontractors are to receive progress and final payments from contractors on government and private construction projects
• Provides interest penalties for late payments
• 01/27/12 – scheduled for a public hearing on 02/07/12 by the Senate Committee on Commerce & Consumer Protection
EMPLOYMENT & LABOR LAW
HB 1680, relating to employment practices
• Prohibits any employer or employment agency from publishing a job advertisement that states that an applicant for the job must be currently employed
• Prohibits an employer or employment agency from refusing to hire or employ any individual solely because the individual was unemployed at the time the advertisement for the job vacancy was published
• 01/31/12 – passed Second Reading as amended in HD 1 and referred to Committee on Judiciary
SB 2202, relating to employment practices
• Prohibits any employer or employment agency from publishing a job advertisement that states that an applicant for the job must be currently employed
• Prohibits an employer or employment agency from refusing to hire or employ any individual solely because the individual was unemployed at the time the advertisement for the job vacancy was published
• 01/31/12 – scheduled for a public hearing on 02/10/12 by the Senate Committee on Commerce & Consumer Protection
HB 1699, relating to meal breaks
• Requires employers to provide meal breaks for employees, and imposes penalties for failure to provide meal breaks
• 01/27/12 – passed with amendments by House Economic Revitalization & Business
HB 1994, relating to human trafficking
• Requires establishments to post in a conspicuous place a poster that provides specified information relating to human trafficking and the National Human Trafficking Resource Center hotline
• Establishes penalties for violations of the poster requirement
• 02/02/12 – scheduled for a public hearing on 02/06/12 by the joint House Committees on Human Services/Labor & Public Employment
SB 2278, relating to human trafficking
• Requires establishments to post in a conspicuous place a poster that provides specified information relating to human trafficking and the National Human Trafficking Resource Center hotline
• Establishes penalties for violations of the poster requirement
• 02/02/12 – scheduled for a public hearing on 02/07/12 by the Senate Committee on Judiciary & Labor
HB 2028, relating to the prevention of workplace violence
• Establishes a legal mechanism by which an employer or employee may seek a temporary restraining order, or preliminary or permanent injunctive relief on their own behalf or on behalf of others, to prohibit workplace violence or the threat of workplace violence
• 01/19/12 – referred to the House Committees on Labor & Public Employment/Economic Revitalization & Business, Judiciary, Finance
HB 2047, relating to information protection
• By January 1, 2014, requires businesses to implement a comprehensive, written policy and procedure to prevent identity theft, and to designate an employee to be responsible for protecting personal information
• Requires businesses to train all employees in the implementation of the policy and procedure
• 01/19/12 – referred to the House Committees on Economic Revitalization & Business, Consumer Protection & Commerce/Judiciary
SB 2389, relating to information protection
• By January 1, 2014, requires businesses to implement a comprehensive, written policy and procedure to prevent identity theft, and to designate an employee to be responsible for protecting personal information
• Requires businesses to train all employees in the implementation of the policy and procedure
• 01/31/12 – SB 2389 scheduled for a public hearing on 02/08/12 by the Senate Committees on Economic Development & Technology/Commerce & Consumer Protection
HB 2089, relating to health
• Requires employers to provide a minimum amount of paid sick and safe leave to employees to be used to care for themselves or a family member who is ill, needs medical care, or is a victim of domestic violence, assault, or stalking
• 01/31/12 – passed with amendments by the House Committee on Labor & Public Employment
SB 2507, relating to health
• Requires employers to provide a minimum amount of paid sick and safe leave to employees to be used to care for themselves or a family member who is ill, needs medical care, or is a victim of domestic violence, assault, or stalking
• 01/23/12 – referred to the Senate Committees on Judiciary & Labor, Ways & Means
HB 2228, relating to breastfeeding in the workplace
• Requires an employer with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy
• Establishes posting requirements, and a civil fine for the failure of an employer to provide a location or post notice
• 01/31/12 – passed with amendments by the House Committee on Labor & Public Employment
SB 2573, relating to breastfeeding in the workplace
• Requires an employer with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy
• Establishes posting requirements, and a civil fine for the failure of an employer to provide a location or post notice
• 01/23/12 – referred to the Senate Committees on Judiciary & Labor, Ways & Means
HB 2283, relating to domestic violence
• Prohibits employment discrimination on the basis of victim of domestic violence status
• 01/30/12 – Scheduled for a public hearing on 02/03/12 by the joint House Committees on Labor & Public Employment/Human Services
SB 2294, relating to discrimination
• Clarifies the separation between church and state in terms of civil rights commission investigations, hiring, public accommodation, and rental housing practices
• 01/23/12 – referred to the Senate Committee on Judiciary & Labor
SB 2487, relating to workplace practices
• Makes abusive conduct against an employee in the workplace a violation of occupational safety and health law
• 01/23/12 – referred to the Senate Committees on Judiciary & Labor, Ways & Means
INSURANCE LAW
SB 2009, relating to insurance
• Regulates the use of claims history information for homeowners insurance by insurers
• 01/31/12 – scheduled for a hearing on 02/22/12 by the Senate Committee on Commerce & Consumer Protection
LIFE, HEALTH AND DISABILITY
HB 2362, relating to external review
• Allows an enrollee in a managed care plan or the enrollee’s appointed representative to appeal an external review decision issued under chapter 432E, Hawaii Revised Statutes, to the circuit court, hearings officer, or review panel
• 01/25/12 – referred to the House Committees on Health, Consumer Protection & Commerce/Judiciary, Finance
SB 2665, relating to insurance premium tax
• Makes the insurance premium tax applicable to mutual benefit societies and health maintenance organizations
• 01/25/12 – referred to the Senate Committees on Commerce & Consumer Protection/Public Safety, Government Operations & Military Affairs, Ways & Means
MEDICAL LIABILITY & HEALTH CARE LAW
HB 1702, relating to informed consent
• Requires physicians to provide a cost-estimate of any proposed treatment or procedure when obtaining the patient’s informed consent
• 01/18/12 – referred to the Committees on Health, Consumer Protection & Commerce/Judiciary
HB 1957, relating to health care information
• Clarifies that persons and entities governed by the Health Insurance Portability and Accountability Act (HIPAA), who use or disclose individually identifiable health information that is consistent with HIPAA regulations, shall be deemed to be in compliance with Hawaii’s privacy laws and rules
• 02/02/12 – passed Second Reading as amended in HD 1 and referred to the joint House Committees on Consumer Protection & Commerce/Judiciary
SB 2098, relating to privacy of health care information
• Provides that use, disclosure, or authorization for release of individually identifiable health information that complies with federal law shall be deemed to comply with state laws
• Provides that notice of breach of unsecured protected health information that complies with federal law shall be deemed to comply with state law
• 01/27/12 – passed unamended by the Senate Committee on Health
HB 1967, relating to medical claim conciliation
• Amends the medical tort chapter of the Hawaii Revised Statutes, to make the medical claims conciliation process less adversarial and to emphasize inquiry, conciliation, and settlement
• Renames the panels to medical inquiry and conciliation panels
• 02/02/12 – passed Second Reading as amended in HD 1 and referred to the House Committee on Judiciary
SB 2469, relating to medical claim conciliation
• Makes numerous amendments to part II of chapter 671, HRS, to make the medical claims conciliation process less adversarial and to emphasize inquiry, conciliation, and settlement
• 01/31/12 – scheduled for a public hearing on 02/23/12 before the Senate Committee on Commerce & Consumer Protection
HB 2232, relating to health
• Prohibits a physician, osteopathic physician, surgeon, or medical student from performing a pelvic examination on an anesthetized or unconscious female patient unless specific informed consent was obtained, the pelvic examination is within the specified scope of care, or the pelvic examination is required for diagnostic purposes on an unconscious patient
• 01/31/12 – scheduled for a hearing on 02/03/12 by the House Committee on Health
SB 2578, relating to health
• Prohibits a physician, osteopathic physician, surgeon, or medical student from performing a pelvic examination on an anesthetized or unconscious female patient unless specific informed consent was obtained, the pelvic examination is within the specified scope of care, or the pelvic examination is required for diagnostic purposes on an unconscious patient
• 01/23/12 – referred to the Senate Committees on Health, Judiciary & Labor
HB 2233, relating to mandatory reporting requirements
• Expands medical personnel’s duty to report wounds to include injuries suffered by a victim of labor trafficking or injuries that result from prostitution
• Subjects a person who reports wounds to physician-patient privilege regarding patient communications for the diagnosis or treatment of the patient, but not regarding physician’s observations of patient
• 01/23/12 – referred to the House Committees on Human Services/Health, Judiciary, Finance
SB 2575, relating to mandatory reporting requirements
• Expands medical personnel’s duty to report wounds to include injuries suffered by a victim of labor trafficking or injuries that result from prostitution
• Subjects a person who reports wounds to physician-patient privilege regarding patient communications for the diagnosis or treatment of the patient, but not regarding physician’s observations of patient
• 01/25/12 – scheduled for a public hearing on 02/07/12 by the Senate Committee on Human Services
SB 2656, relating to medical torts
• Establishes the injured patients and families compensation fund to pay the portion of a medical tort claim that exceeds the liability limit of a health care provider’s insurance coverage
• Requires participating health care providers to have a minimum level of insurance coverage, and provides for assessment of fees and peer council review of claims paid
• 01/27/12 – scheduled for a public hearing on 02/07/12 by the Senate Committee on Commerce & Consumer Protection
SB 3039, relating to anatomical transplants
• Prohibits a health care facility or health care provider from discriminating against a person who has human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), or AIDS related complex (ARC), and who is in need of an organ transplantation by refusing to perform the organ transplantation
• 01/27/12 – referred to the Senate Committees on Health, Judiciary & Labor
PRODUCT LIABILITY
SB 2476, relating to health
• Requires a caution statement to be placed on a product label for all food products containing aspartame that are offered for sale or distribution in the State
• 01/23/12 – referred to the Senate Committees on Health, Commerce & Consumer Protection
SB 2477, relating to health
• Requires all cellular telephones, including refurbished and remanufactured cellular telephones, sold or leased by a retailer in the State to bear a label that warns consumers of the potential dangers of electromagnetic radiation emitted by cellular telephones
• 01/23/12 – referred to the Senate Committees on Health, Commerce & Consumer Protection
SB 2478, relating to health
• Beginning 07/01/13, requires genetically engineered food products that are sold, offered for sale, or distributed in Hawaii to be labeled as such, with certain exceptions, and establishes penalties for violations
• 01/31/12 – referred to the Senate Committees on Health/Commerce & Consumer Protection, Judiciary & Labor/Ways & Means
PROFESSIONAL LIABILITY
HB 2298, relating to privacy rights
• Specifies that a privacy interest does not apply to information regarding complaints made against a professional or vocational licensee if the applicable licensing authority determines that the complaint was referred for legal action and the licensee was given the opportunity to respond to the complaint
• 01/31/12 – passed with amendments by the House Committee on Economic Revitalization & Business
SB 2501, relating to privacy rights
• Specifies that a privacy interest does not apply to information regarding complaints made against a professional or vocational licensee if the applicable licensing authority determines that the complaint was referred for legal action and the licensee was given the opportunity to respond to the complaint
• 01/23/12 – referred to the Senate Committees on Commerce & Consumer Protection, Judiciary & Labor
TOXIC TORTS & ENVIRONMENTAL LAW
HB 1934, relating to toxic products
• Prohibits the manufacture, sale and distribution of products for young children that contain bisphenol-A or phthalates
• Requires manufacturers to use the least toxic alternatives to bisphenol-A and phthalates
• 01/19/12 – referred to the Committees on Health, Consumer Protection & Commerce/Judiciary
HB 2371, relating to endangered and threatened species
• Allows citizen suits to enforce certain conservation statutes, habitat conservation plans, and safe harbor agreements against any person
• Repeals the prohibition on approval of issuance of new safe harbor agreements, habitat conservation plans, and incidental take licenses after July 1, 2012
• 02/02/12 – scheduled for a hearing on 02/06/12 by the House Committee on Water, Land & Ocean Resources
SB 2277, relating to endangered and threatened species
• Allows citizen suits to enforce certain conservation statutes, habitat conservation plans, and safe harbor agreements against any person
• Repeals the prohibition on approval of issuance of new safe harbor agreements, habitat conservation plans, and incidental take licenses after July 1, 2012
• 01/30/12 – scheduled for a public hearing on 02/07/12 by the joint Senate Committees on Energy & Environment/Water, Land, & Housing
HB 2483, relating to environment
• Creates a climate change adaptation policy for the State of Hawaii by amending the Hawaii State Planning Act to include climate change adaptation priority guidelines
• 01/25/12 – referred to the House Committees on Energy & Environmental Protection, Finance
SB 2745, relating to environment
• Creates a climate change adaptation policy for the State of Hawaii by amending the Hawaii State Planning Act to include climate change adaptation priority guidelines
• 01/25/12 – referred to the joint Senate Committees on Energy & Environment/Water, Land, & Housing
HB 2611, relating to environmental impact statements
• Permanently amends chapter 343, Hawaii Revised Statutes, to clarify current exemptions for secondary actions and require that applicants prepare environmental assessments when required
• 02/01/12 – passed unamended by the House Committee on Transportation
SB 2873, relating to environmental impact statements
• Permanently amends chapter 343, Hawaii Revised Statutes, to clarify current exemptions for secondary actions and require that applicants prepare environmental assessments when required
• 01/25/12 – referred to the Senate Committee on Energy & Environment
SB 2211, relating to Native Hawaiian traditional and customary rights
• Requires that draft and final environmental assessments include a cultural impact assessment, and requires that draft and final environmental impact statements include a cultural impact statement
• 01/23/12 – referred to the Senate Committees on Energy & Environment/Hawaiian Affairs, Judiciary & Labor
SB 2281, relating to environmental impact statements
• Authorizes an agency or an applicant to bypass the preparation of an environmental assessment and proceed directly with an environmental impact statement for proposed actions that are determined to require any environmental impact statement
• 02/02/12 – deferred until 02/07/12 by the joint Senate Committees on Energy & Environment/Public Safety, Government Operations, & Military Affairs
SB 2373, relating to endangered species
• Amends provisions relating to civil suits with regards to endangered species and threatened species
• Allows the approval and issuance of new safe harbor agreements, habitat conservation plans, and incidental take licenses after 07/01/12
• 01/27/12 – referred to the Senate Committees on Energy & Environment/Water, Land, & Housing, Judiciary & Labor
SB 2473, relating to health
• Prohibits the sale, distribution, or procurement of products or packaging containing certain toxic chemicals
• 01/23/12 – referred to the Senate Committees on Health/Commerce & Consumer Protection, Judiciary & Labor
SB 2475, relating to health
• Requires the Director of Health to adopt rules to implement the motor vehicle emission standards of the State of California for motor vehicles with a model year 2016 and each model year thereafter
• 01/23/12 – referred to the Senate Committees on Energy & Environment/Transportation & International Affairs/Health, Ways & Means
TRIAL TACTICS
HB 2191, relating to powers of attorney
• Requires that a power of attorney be witnessed by two witnesses who are not related to the attorney-in-fact and be acknowledged by a notary public, and establishes qualifications for witnesses to execution of a power of attorney
• 01/23/12 – referred to the House Committee on Judiciary
HB 2452, relating to notaries public
• Clarifies the information required to be on notary seals
• 01/31/12 – passed with amendments by the House Committee on Judiciary
SB 2714, relating to notaries public
• Clarifies the information required to be on notary seals
• 01/25/12 – referred to the Senate Committees on Judiciary & Labor, Ways & Means
SB 2315, relating to powers of attorney
• Requires that a power of attorney be witnessed by two witnesses who are not related to the attorney-in-fact and be acknowledged by a notary public, and establishes qualifications for witnesses to execution of a power of attorney
• 01/23/12 – referred to the Senate Committee on Judiciary & Labor
SB 2497, relating to the Uniform Interstate Depositions and Discovery Act
• Enacts the Uniform Interstate Depositions and Discovery Act
• 02/02/12 – passed unamended by the Senate Committee on Judiciary & Labor
WORKERS’ COMPENSATION
HB 2099, relating to workers’ compensation
• Clarifies that attorney’s fees may be included in costs that may be assessed against a party who brings, prosecutes, or defends a workers’ compensation claim without reasonable ground
• 01/31/12 – passed unamended by the House Committee on Labor & Public Employment
HB 2743, relating to workers’ rights
• Requires private employers who provide pension plans to their employees to allow an employee who has vested to receive pension payments upon becoming disabled, regardless of age
• Permits Director of Labor & Industrial Relations to reopen workers’ compensation cases after settlement if settlement was obtained by exerting undue influence over any party or as a result of the disability or mental incompetence of the employee
• 01/27/12 – referred to the House Committees on Labor & Public Employment, Economic Revitalization & Business, Finance
SB 2637, relating to workers’ rights
• Requires private employers who provide pension plans to their employees to allow an employee who has vested to receive pension payments upon becoming disabled, regardless of age
• Permits Director of Labor & Industrial Relations to reopen workers’ compensation cases after settlement if settlement was obtained by exerting undue influence over any party or as a result of the disability or mental incompetence of the employee
• 01/25/12 – referred to the Senate Committees on Judiciary & Labor, Ways & Means
INDIANA (Contributor: Matthew K. Phillips, Kightlinger & Gray, LLP, Indianapolis, Indiana)
TRIAL TACTICS
SB 85, relating to attorney fees in civil action
• To require a court in a civil action to determine whether a non-prevailing party: (1) brought or continued to litigate an action or asserted a defense that was frivolous, unreasonable, or groundless; or (2) litigated the action in bad faith
• Provides that if the court determines that a non-prevailing party has engaged in such conduct, the court shall require the non-prevailing party to reimburse the prevailing party for reasonable attorney’s fees
• Affects Indiana Code section 34-52-1-1
• 02/03/12 – In committee (judiciary)
SB 87, relating to collateral source payments in civil action
• To prohibit a court from admitting into evidence a write-off, discount, or other deduction associated with a collateral source payment in a personal injury or wrongful death action, unless the action is an action for medical malpractice
• 02/03/12 – In committee (judiciary)
SB 406, relating to recovery of medical or health care expenses
• Provides that in a personal injury or wrongful death action, the recovery of medical or health care expenses is limited to the amount actually paid or incurred by or on behalf of the claimant
• 02/03/12 – In committee (corrections, criminal and civil matters)
HB 1137, relating to attorney fees in civil action
• Provides that a court shall award costs and attorney’s fees to a prevailing party if the court grants a motion to dismiss due to a claim not having a basis in law or fact
• Affects Indiana Code section 34-52-1-1
• 02/03/12 – In committee (judiciary)
HB 1234, relating to tort claims
• Increases the liability cap in the tort claims act to $1,300,000 per person and $22,000,000 per occurrence for causes of action accruing on or after July 1, 2011
• Affects Indiana Code section 34-13-3-4
• 02/03/12 – In committee (judiciary)
GOVERNMENT LIABILITY
SB 92 and SB 103, relating to public access issues
• To require a public agency to: (1) allow inspection or copying; or (2) make copies; of a public record within a reasonable time after the request is received by the agency
• Provides that a court may impose a civil penalty against: (1) an officer of a public agency or an individual employed in a management level position with a public agency; or (2) the public agency; for violating the public records law or the open door law
• Provides that a court may impose a civil penalty of: (1) not more than $100 for the first violation; and (2) not more than $500 for any additional violations
• Provides that a court may: (1) impose only one civil penalty against an individual in an action even if the court finds that the individual committed multiple violations; and (2) impose another civil penalty against the individual in a separate action
• Provides that a public agency may withhold personal information from public disclosure regarding an individual less than 18 years of age who participates in an activity conducted or supervised by a state educational institution, including personal information regarding the individual’s parent or guardian
• Requires (rather than allows) a court to review public records in camera to determine whether redaction of the records violates the public records act. If a formal complaint is filed, requires the public access counselor to review public records in camera without redaction (excluding redacted information that is the work product of an attorney and records that the agency is prohibited by law from disclosing) to determine whether the redaction of the records violated the public records act
• Provides that unredacted documents that are in the possession of the public access counselor for in camera inspection are confidential while in the possession of the public access counselor
• Provides that a public agency has discretion as to whether to disclose a public record requested by an offender containing personal information relating to a judge, law enforcement officer, or family member of a judge or law enforcement officer
• Affects Indiana Code sections 5-14; 34-30-2
• 02/03/12 – In committee (local government)
HB 1093, relating to public access issues
• To require a public agency to: (1) allow inspection or copying; or (2) make copies; of a public record within a reasonable time after the request is received by the agency
• Provides that a court may impose a civil penalty against: (1) an officer of a public agency or an individual employed in a management level position with a public agency; or (2) the public agency; for violating the public records law or the open door law
• Provides that a court may impose a civil penalty of: (1) not more than $100 for the first violation; and (2) not more than $500 for any additional violations
• Provides that a court may: (1) impose only one civil penalty against an individual in an action even if the court finds that the individual committed multiple violations; and (2) impose another civil penalty against the individual in a separate action
• Provides that a public agency may withhold personal information from public disclosure regarding an individual less than 18 years of age who participates in an activity conducted or supervised by a state educational institution, including personal information regarding the individual's parent or guardian
• Requires (rather than allows) a court to review public records in camera to determine whether redaction of the records violates the public records act. If a formal complaint is filed, requires the public access counselor to review public records in camera without redaction (excluding redacted information that is the work product of an attorney and records that the agency is prohibited by law from disclosing) to determine whether the redaction of the records violated the public records act
• Provides that unredacted documents that are in the possession of the public access counselor for in camera inspection are confidential while in the possession of the public access counselor
• Provides that a public agency has discretion as to whether to disclose a public record requested by an offender containing personal information relating to a judge, law enforcement officer, or family member of a judge or law enforcement officer
• Affects Indiana Code sections 5-14; 34-30-2
• 02/01/12 – Amended in house committee and passed, referred to Senate committee on local government committee on government and regulatory reform
INSURANCE LAW
SB 120, relating to claim settlement practices regarding automobile insurance
• Requires a motor vehicle insurer to make a good faith effort to contact a policyholder and any other individual necessary to resolve a claim for damage to a third party
• Requires settlement of certain claims after 30 days
• Makes a violation of the requirement an unfair claim settlement practice
• Affects Indiana Code sections 27-4-1; 27-4-1.7
• 02/03/12 – In committee (insurance and financial institutions)
SB 239, relating to claim settlement practices regarding property and casualty insurance
• Prohibits an insurer from denying coverage for damage to an insured under a property and casualty insurance policy caused by the intentional acts of another insured if the original insured was unaware of the intentional acts
• Affects Indiana Code section 27-4-1.6
• 02/03/12 – In committee (insurance and financial institutions)
SB 245, relating to unfair claim settlement practices
• Allows a person to file a civil action for damages related to an unfair claims settlement practice
• Affects Indiana Code sections 27-4-1-4.5; 34-51-1-4
• 02/03/12 – In committee (insurance and financial institutions)
WORKERS’ COMPENSATION
SB 230, relating to claim settlement practices regarding automobile insurance
• Specifies the method of determining “pecuniary liability” and defines “percentile” for purposes of workers’ compensation reimbursement for health services
• Provides for workers’ compensation health service reimbursement rate contracting
• Specifies that costs incurred by the workers’ compensation board in claim dispute resolution are paid by the non-prevailing part
• Affects Indiana Code sections 22-3
• 01/31/12 – Passed Senate, referred to House
EMPLOYMENT AND LABOR LAW
SB 269, relating to employee’s right to work
• Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment
• Establishes a separate private right of action for violations or threatened violations
• Affects Indiana Code sections 22-6-6
• 01/23/12 – Amended and passed Senate, referred to House
HB 1001, 1105, and 1296, relating to employee’s right to work
• Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment
• Establishes a separate private right of action for violations or threatened violations
• Affects Indiana Code sections 22-6-6
• 02/01/12 – Amended and passed House, referred to Senate and passed Senate following amendments
MEDICAL LIABILITY AND HEALTH CARE LAW
SB 389, relating to provider reporting of domestic violence
• Requires a health care provider to: (1) implement protocols and policies for the identification of domestic violence and to offer intervention and treatment services; and (2) report an incident of domestic violence to the local law enforcement agency
• Provides civil and criminal immunity for a person who is required to report an incident of domestic violence
• Affects Indiana Code sections 16-18-2; 16-40-6; 34-30-2-79.5
• 02/03/12 – In committee (corrections, criminal and civil matters)
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