This is an informal rundown of the legislative happenings. This update is from the most recent legislative day – 02/21/23, or Day 21.
HB 80 – Rep. Rob Loverett
LINK: https://www.legis.ga.gov/legislation/63653
WHAT IT DOES:
- Creates the “Uniform Unsworn Declarations Act”
- Sworn statement is signed under oath
- Unsworn statement is not under oath but penalty of perjury
- Applies the code section to any unsworn statement if the declarant makes such a declaration while he/or she is physically outside of the boundaries/territories of the United States
- Subsequently places any violation of this code section under the same penalties of perjury under OCGA 9-1-1 in judicial proeceedings, which Georgia judges almost never enforce.
- Does not apply to oaths of office, depositions, oaths which much be taken before a notary, and other oaths which are referenced in Georgia code.
CONCERN: Basically makes lying on an unsworn statement in proceedings a perjury offense (civil) in an attempt to deter people from not being honest because it’s not made in a sworn statement. It won’t work, but there’s nothing wrong with the bill.
PASSED: 174-0
HB 186 – Rep. Rob Leverett
LINK: https://www.legis.ga.gov/legislation/63878
WHAT IT DOES:
- Applies to code section for lower courts to apply for certiorari in Court of Appeals
- Instead of referencing the code section as guidelines, it changes language to ‘as prescribed by law.’
- Changes reference of certiorari to ‘petition for review’
CONCERN:
PASSED: 173-0
HB 221 — Rep. Eddie Lumsden
LINK: https://www.legis.ga.gov/legislation/6 3975
SUBSTITUTE: https://www.legis.ga.gov/api/legislation/document/20232024/214527
WHAT THE BILL DOES::
- Address private automobile insurance
- Changes code section for underwriting policies to replace minimum standards as required by Georgia law to be minimum standards provided by the carrier.
CONCERN: Assuming the minimum standards are higher by carriers than the minimum standards required by Georgia law (because it would call for a higher premium). Love that this is sponsored by 2 State Farm agents. Giving yellow because it’s tainted by the sponsor’s self-interest and makes it difficult to know if this is really necessary. I’d like to assume there is a decent reason that companies have a minimum standard that is different than those set out by the law, but they picked bad messengers for the cause because it looks like they’re just coming to ask the legislature to do what is best for them
PASSED: 169-2
HB 242 – Rep. Bill Hitchens
LINK: https://www.legis.ga.gov/legislation/64025
WHAT IT DOES:
- Recreates the 3% add on fee for convictions of traffic offenses, making traffic infractions more expensive than they actually are as prescribed by state and local fee schedules.
CONCERN: This bill is the worst. It is constantly revised in the name of ‘Joshua’ to impose higher fees and fines for longer periods of time which really has NO EFFECT on driver behavior. Add on fines never to – they’re punishments, not deterrents.
PASSED: 161-9
HB 243 – Rep. Lynn Smith
LINK: https://www.legis.ga.gov/legislation/64026
WHAT IT DOES:
- Increases the number of Superior Court judges in the Coweta Judicial Circuit from 7 to 8.
CONCERN:
PASSED: 172-0
HB 279– Rep. Matthew Gambill
LINK: https://www.legis.ga.gov/legislation/64081
WHAT THE BILL DOES::
- Requires insurance companies to provide a discount for anyone who retrofits or builds a house (that is otherwise insurable) or a commercial property to resist loss due to tornado, hurricane, or other catastrophic windstorm events
- There are already code sections in place dictating insurance premium differences between residential and commercial properties, so these would apply here.
- Discounts must be available beginning March 1, 2024 (if passed) and companies must submit their rating plan/scales for discount to the state
- Structures seeking the premium discount must be inspected by an ‘Insurance Institute for Business and Home Safety certified evaluator’
CONCERN: Forcing a private company to do something. Are those things more expensive to replace in the event that there is a loss?
PASSED: 172-1
HB 280 — Rep. Matthew Gambill
LINK: https://www.legis.ga.gov/legislation/64082
WHAT THE BILL DOES::
- Defines ‘customer’ under existing code section OCGA 33-24-59.31.
- Clarifies the code section about when insurance companies can provide additional services at ‘no cost’ or ‘reduced cost’ (current examples include loss mitigation tools, products designed to reduce claim loss, etc)
- this subsection clarifies that the companies can provide them to the ‘newly added’ definition of ‘customer’
- Also adds things that can be provided at no/reduced costs to include products that ‘Enhance the health of a customer,’ ‘enhance financial wellness of customer,’ and ‘incentivize improved health of customer.’
CONCERN: Just adds to the list of things under a practice already in place
PASSED: 172-2
HB 294– Rep. Buddy DeLoach
LINK: https://www.legis.ga.gov/legislation/64131
WHAT THE BILL DOES::
- Creates a new code section 33-37-31.1
- Outlines ‘guaranty association’ to mean Georgia Life and Health Insurance Guaranty Association, unless there is an explicit reference to another organization.
- Addresses contracts “reinsuring life, disability income or long-term care insurance policies or annuities” that are placed into liquidation (in accordance with the law)
- requires that if they’re ceded by another insurance company, they must continue
- requires that if they’re terminated prior to date of liquidation, they’re subject to new stipulations outlined in this bill, which include:
- giving the new insurance company/association the authority to decide, within 180 days, to continue the liquidation (which would take effect on the date of the order of liquidation)
- leaving unpaid insurance premiums to the association to be paid to the reinsurers
- allows life, disability income or long-term care insurance or annuities to be transferred by association
CONCERN: Apparently this isn’t terrible as it just sets out the process for how disputes surrounding the reinsurance contracts are handled.
PASSED: 174-4
HB 315– Rep. Darlene Taylor
LINK: https://www.legis.ga.gov/legislation/64161
WHAT THE BILL DOES::
- Give new authority to the Insurance Commissioner, which was previously held by a national entity
- Current law states that National Comprehensive Cancer Network makes recommendations on diagnostic breast examinations (MRI, breast ultrasound, and mammogram) and secondary diagnostic breast examinations.
- This transfers authority to Insurance Commissioner to set guidelines for when those examinations are implemented under health insurance policies and the IC must do so in accordance with ‘entities LIKE the Natl Comp. Cancer Network,’ instead of them exclusively.
- Allows what the state refers to as ‘cost-sharing provisions’ to be applied for these examinations/
CONCERN: It’s really a neutral shift, other than the fact that the insurance commissioner is bound by/lobbied by insurance companies that don’t want to pay for services. He’s also not a doctor, not a health care provider of any kind, and not a woman.
PASSED: 173-1
