Sen. Kevin Van Winkle

Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The bill amends the definition of "similar coverage" by repealing this "comparable benefits" requirement.(Note: This summary applies to this bill as introduced.)

The act requires the state department of human services (state department) to reimburse a county or district department of human or social services (county department) for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is 15 to 20 years of age.The act does not waive or limit a county department's governmental immunity or place any liability on a county department for:Contracting with a driving school to provide driving instruction to an individual who is in the custody of the county department; or An injury alleged to have occurred while an individual in the custody of the county department received driving instruction. The act requires the state board of human services to promulgate rules on or before December 1, 2021, to administer the new requirements.The act states that:A guardian ad litem, an official of a county department, or an official of the division of youth services in the state department who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damages caused by the negligence or willful misconduct of the applicant; and An individual who is in the custody of the state department or a county department who does not possess all of the required documents to apply for an instruction permit or a minor driver's license may be eligible for exception processing pursuant to rules of the department of revenue. The act requires the executive director of the department of revenue to promulgate rules on or before November 1, 2021, establishing, to the extent permissible under federal law, forms of documentation that are acceptable for the purpose of allowing individuals who are in the custody of the state department or a county department to verify their legal residence in the United States, establish identity, and satisfy any other prerequisites for the acquisition of an instruction permit or a minor driver's license.For the 2021-22 state fiscal year, the act appropriates $54,180 to the department of human services for use by the division of child welfare to implement the act.(Note: This summary applies to this bill as enacted.)

Upon a conviction for theft by failing to return property within 72 hours after the agreed-upon time of return in any lease or hire agreement, a court is required to consider, as part of any restitution ordered, lost revenue resulting from the defendant's failure to timely return the rental property.(Note: This summary applies to this bill as enacted.)

The act continues the "Athletic Trainer Practice Act" (practice act) and the licensing of athletic trainers by the director of the division of professions and occupations in the department of regulatory agencies for 10 years, until 2031. The act also makes the following substantive changes to the practice act:Allows athletic trainers to practice only under the supervision of a licensed physician or physician assistant; Broadens the range of available disciplinary measures to include letters of admonition, confidential letters of concern, and probationary periods; Imposes a 2-year waiting period before an athletic trainer whose license has been revoked or who has surrendered a license in lieu of disciplinary proceedings may reapply for a license; and Updates the grounds for discipline based on alcohol or drug use to conform to current standards and terminology.(Note: This summary applies to this bill as enacted.)

The act states that a domestic stock insurer (dividing insurer) may divide into 2 or more resulting insurers pursuant to a plan of division. A plan of division must include:The name of the dividing insurer; The name of each resulting insurer created by the proposed division and, for each resulting insurer, a copy of proposed articles of incorporation and proposed bylaws; The manner of allocating assets and liabilities, including policy liabilities, between or among all resulting insurers; The manner of distributing shares in the resulting insurers to the dividing insurer or the dividing insurer's shareholders; A reasonable description of all liabilities and all assets that the dividing insurer proposes to allocate to each resulting insurer, including the manner by which the dividing insurer proposes to allocate all reinsurance contracts; All terms and conditions required by the laws of this state and the articles of incorporation and bylaws of the dividing insurer; and All other terms and conditions required by the division. A plan of division must include additional provisions, the nature of which depends on whether the dividing insurer will survive the division.A dividing insurer shall file a plan of division with the commissioner of insurance (commissioner) only after the plan of division has been approved in accordance with all provisions of the dividing insurer's articles of incorporation and bylaws. The commissioner shall approve the plan of division if, after considering certain criteria, the commissioner finds that certain requirements are met. If the commissioner approves a plan of division, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth certain information concerning the division.The act establishes procedures for amending and abandoning plans of division.The act provides for the protection of confidential information, documents, and materials that are submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division.For the 2021-22 state fiscal year, the act appropriates $10,729 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act.(Note: This summary applies to this bill as enacted.)

Under current law, school districts must permit primary caregivers to possess and administer cannabis-based medicine on school grounds, and school principals are given the discretion to permit the storage, possession, and administration of cannabis-based medicine on school grounds by school personnel. The act removes the discretion from the school principals and requires school boards to implement policies allowing for the storage, possession, and administration of cannabis-based medicine by school personnel. The act allows school personnel to volunteer to possess, administer, or assist in administration of cannabis-based medicine and protects those who do from retaliation. But, school personnel are not required to administer medical marijuana and cannot be retaliated against for refusing. The volunteer or school personnel who administers the medical marijuana must do so pursuant to the instructions or plan for administration from one of the student's recommending physicians, including the dosing, timing, and delivery route instructions. The act imposes a duty on school principals to create a written treatment plan for the administration of cannabis-based medicine and on school boards to adopt policies regarding actual administration.The act provides disciplinary protection to nurses, anyone licensed pursuant to title 12, and school personnel who administer cannabis-based medicine to students at school. The act provides civil and criminal immunity to school personnel who act in good faith in administering cannabis-based medicine to students at school. The act requires schools to treat cannabis-based medicine recommendations like prescriptions. The act does not apply to a private or nonpublic school, and it does not apply a public school located on federal land if the federal government prohibits administration of medical marijuana at a school located on federal land.The act appropriates $15,419 to the department of education from the general fund to purchase legal services from the attorney general.(Note: This summary applies to this bill as enacted.)

The act allows counties, municipalities, and special districts to exempt up to 100% of business personal property from the levy and collection of property taxation for the 2021 property tax year.(Note: This summary applies to this bill as enacted.)

The practice act for professional architects directs the department of regulatory agencies to adopt rules establishing requirements for continuing education and also requiring an architect to demonstrate retention of the material presented in the continuing education program or course.The act removes the material retention requirement, allowing an architect to renew a license upon demonstrating compliance with the continuing education requirement alone.(Note: This summary applies to this bill as enacted.)

In 2013, the general assembly enacted SB13-030, which required, in part, that the office of legislative legal services provide written notice of rules adopted as a result of specific legislation enacted on or after January 1, 2013, to:The prime sponsors of the legislation if still serving in the general assembly; The cosponsors of the legislation if still serving in the general assembly; and The applicable committees of reference in the senate and house of representatives for the legislation. The act removes the requirement to notify cosponsors of the legislation and limits the notification period to up to 8 years after the legislation was enacted.(Note: This summary applies to this bill as enacted.)