read Read

e-mail E-mailprint Print

2005 Summary of New State Laws - Georgia

(Preliminary List of 2005 Enacted Legislation)

Issue

Bill #

Bill Description

Guaranty Fund

Insurance Insolvency Pool

House Bill 407

Makes numerous amendments to the Georgia Insurance Insolvency Pool and to statute dealing with insurance administrators.

Miscellaneous Provisions

Electronic Transmittals

House Bill 418

Allows for electronic notice of cancellation of policies to lienholders if they agree to such a transmission.

Unclaimed Property

House Bill 431

Provides for an alternative method of disposition with respect to certain dividends or capital credits, which are presumed abandoned. Effective upon governor's approval or upon its becoming law without such approval.

Security Breach Notifications

Senate Bill 230

Requires consumer reporting agencies to disclose breaches of security of personal information via notices to affected consumers. Effective upon governor's approval or upon its becoming law without such approval.

Motor Vehicle Insurance

Motor Vehicle Restrictions

House Bill 20

Places certain restrictions on window tinting on motor vehicles. Effective upon governor's approval or upon its becoming law without such approval.

Motor Vehicle Pilot Program

House Bill 151

Extends Department of Motor Vehicle Safety pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. Effective upon governor's approval or upon its becoming law without such approval.

FlexAuto lanes

House Bill 273

Authorizes the Department of Transportation to implement FlexAuto lanes, a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours. Effective upon governor's approval or upon its becoming law without such approval.

Titling Vehicles

House Bill 364

Requires proof of the payment of sales and use tax as a precondition to titling certain motor vehicles. Effective January 1, 2006.

Motor Vehicle Amendments

House Bill 455

Makes numerous motor vehicle law changes, including use of the vehicle identification number on temporary license plates. Effective: July 1, 2005. Section 2 effective January 1, 2006.

DMVS Reorganization

House Bill 501

Recreates the Department of Motor Vehicle Safety as the Department of Driver Services. Under the bill, many responsibilities now assigned to DMVS would be transferred to other government departments, including the Department of Public Safety, the Department of Transportation, the Public Service Commission and the Department of Revenue. It is anticipated that the database would be transferred to the Department of Revenue. Effective July 1, 2005.

Fingerprint Prohibition

House Bill 577

Prohibits the requirement of fingerprinting and similar identification of applicants for drivers´ licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities. Effective July 1, 2006.

Miscellaneous Driving Provisions

Senate Bill 93

Prohibits use of plastic, other types of material, or body parts covering license plates; provides for administration of the DUI Alcohol or Drug Use Risk Reduction Program; provides for administration of the Driver Improvement Program; provides that fees for identification cards for persons who are 65 or over or indigent and need an identification card in order to vote shall be waived under certain circumstances; and creates the Commercial Transportation Advisory Committee. Effective July 1, 2005.

Tort Reform

Construction Defect Claims

House Bill 307

Amends Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimant´s acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractor´s fulfillment of an offer for settlement or repair does not create insurance coverage or affect the parties´ rights under a contractor´s liability policy.

Asbestos, Silica Claims

House Bill 416

Amends Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims, including a limitation period for filing a claim; the dismissal of pending claims under certain conditions; and creating general rules applicable to new filings. Effective upon governor's approval or upon its becoming law without such approval.

Medical Malpractice Reforms

Senate Bill 3

Makes numerous medical malpractice tort reforms changes, including setting caps on non-economic damages at $350,000 in individual cases and $1.05 million for multiple defendants. Effective February 17, 2005.

Class Action Certification

Senate Bill 19

Provides for procedures, conditions, and limitations on certification of class actions. It also provides for appellate procedures relating to class actions certification. Effective upon governor's approval or upon its becoming law without such approval.

Limiting Gas Provider Liability

Senate Bill 139

Provides for limited liability for certain liquefied petroleum gas providers. Effective July 1, 2005.

Workers' Compensation

Subsequent Injury Trust Fund

House Bill 200

Provides for dissolution of the Subsequent Injury Trust Fund. Effective upon governor's approval or upon its becoming law without such approval.

Workers' Compensation Amendments

House Bill 327

Makes a number of workers' compensation changes, including providing a premium discount for an insured with a drug-free workplace program.

Reserve Requirements

Senate Bill 225

Eliminates the reserve requirements for employers' liability and workers' compensation insurance policies. It does not affect the provisions in Georgia law that addresses property and general casualty insurance. Effective upon governor's approval or upon its becoming law without such approval.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Georgia State Resource Center