2007 SUMMARY OF NEW STATE LAWS - GEORGIA

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 79

119

Motor vehicle insurance – auto equipment issues

Relates to the prohibition against affixing materials which reduce light transmission through windows or windshields of motor vehicles, so as to provide exemptions for government, state or political subdivision, and private detective vehicles; to provide that certain violations shall be charged as secondary offenses only; provides punishments for certain violations; repeals conflicting laws. Effective: May 18, 2007.

HB 136

121

Property insurance

Relates to contracts contravening public policy generally, so as to provide that any contract of insurance which provides for indemnification against liability for damages arising out of bodily injury to persons or damage to property caused by a promisee or indemnitee in connection with a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances is against public policy. Effective: July 1, 2007.

HB 171

323

Motor vehicle insurance – salvage title

Relates to certificates of title for scrap motor vehicles, so as to authorize the use of a statement of the vehicle owner who does not have a valid title upon the sale of such vehicle; to prescribe conditions for use of the statement; to authorize the Department of Revenue to promulgate such statement; to provide for related matters; to provide for an effective date; to repeal conflicting laws. Effective: July 1, 2007.

HB 183

340

Motor vehicle insurance – salvage title

Relates to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; changes certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees. Effective: July 1, 2007.

HB 317

332

Motor vehicle insurance -- miscellaneous

Redefines motor contract carrier or motor common carrier; provides that vehicles engaged in the moving of household goods and passenger vans having a capacity of 10 persons or more, conducting nonmetered transportation service and not operated by a municipality or county or regional authority, which are engaged in private for-hire operation between points within the corporate limits of a municipality are subject to municipal regulation; provides for regulation of nonconsensual towing operators. Effective: July 1, 2007.

HB 389

357

Motor vehicle insurance -- miscellaneous

Redefines motor common carrier and limousine carrier; provides that the Public Service Commission is not authorized to set or change rates for transportation of passengers or property by certain vehicles managed or operated by a limousine carrier; provides that any existing tariff regulating such rates or charges is void; requires inclusion of the motor carrier authorization number in any advertising for a limousine carrier; requires commercial liability and indemnity insurance for limousine carriers. Effective: July 1, 2007.

HB 408

132

Captives

Allows certain captive insurance companies to join the insolvency pool. Effective: January 1, 2008.

HB 419

44

Motor vehicle insurance – commercial auto

Relates to commercial drivers' licenses; provides for definitions of certain terms; changes provisions relating to issuance of commercial drivers' licenses and permits; provides for expiration and disqualifications, revocations, and suspensions; provides penalties for violations; provides authority to hire investigators; relates to transporting hazardous materials; relates to disqualifications from driving for violations involving railroad crossings or drugs; relates to violations of out-of-service orders. Effective: January 1, 2008.

HB 424

335

Workers’ compensation – miscellaneous provisions

Defines the term farm laborer; dismisses claims in which no hearing has been held after a certain time period; extends the period of time an employer has to select a rehabilitation supplier; specifies that employee examinations may include physical, psychiatric and psychological examinations; increases the weekly compensation for total and temporary partial disability; provides that charges for prescriptions and other items and services are subject to approval of the Board of Workers' Compensation. Effective: July 1, 2007.

HB 536

133

Motor vehicle insurance – enforcement issues

Relates to dimensions and weight of vehicles and loads, so as to provide that fines for excess weight should be based on the weight including the allowed variance; provides for related matters; provides an effective date; repeals conflicting laws. Effective: July 1, 2007.

SB 84

254

Military personnel insurance-related legislation

Relates to enumeration of unfair methods of competition and unfair or deceptive acts or practices; protects members of the armed forces of the United States from unscrupulous practices regarding the marketing and sale of insurance; provides for related matters; repeals conflicting laws. Effective: May 24, 2007.

SB 106

250

Bail bonds

Relates to bonds for good behavior; extends the period for which the court may require a bond with a surety for good behavior. Effective: July 1, 2007.

SB 131

145

Workers’ compensation – miscellaneous provisions

Relates to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for related matters; to provide for an effective date and intent; to repeal conflicting laws; and for other purposes. Effective: May 18, 2007.

SB 182

9

Tort reform – asbestos and silica reform

Relates to torts, asbestos claims, silica claims and innocence of successor companies; provides that physical impairment shall be an essential element of such claim; amends limitation periods for filing a claim, dismissal of pending claims, new filing, a forum non convenience, venue for joinder and consolidation of claims; creates provisions regarding asbestos claims and successor corporations; provides for total gross assets at the time of a merger or consolidation; provides for severability. Effective: May 1, 2007.

SB 236

241

Identity theft – security breach

Relates to the offense of identity theft; provides for notification by certain data collectors upon a breach of security regarding personal information; changes certain provisions relating to the elements of the offense of identity fraud; creates the offense of identity fraud by receipt of fraudulent identification information; provides for a victim's right to file a report with a law enforcement agency; modifies certain penalties. Effective: May 24, 2007.