HB585: HB585 Insurance; motor vehicle policy; provide excluded driver

26 LC 52 1002S The House Committee on Motor Vehicles offers the following substitute to HB 585: A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 33 and Chapter 6 of Title 40 of the Official Code of Georgia1 Annotated, relating to motor vehicle accident reparations and u niform rules of the road,2 respectively, so as to provide for named driver exclusions unde r motor vehicle insurance3 policies; to require an insurer to identify any excluded driver s in notice to the Department4 of Revenue; to provide a penalty for the operation of a motor vehicle by an excluded driver;5 to provide for a penalty to an owner who knowingly authorizes an excluded driver to operate6 a motor vehicle; to provide for definitions; to provide for related matters; to provide for an7 effective date and applicability; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle11 accident reparations, is amended in Code Section 33-34-5, which is designated as reserved,12 as follows:13 "33-34-5.14 (a) As used in this Code section, the term:15 H. B. 585 (SUB) - 1 - 26 LC 52 1002S (1) 'Excluded driver' means an individual expressly designated as excluded from16 coverage under a motor vehicle insurance policy.17 (2) 'Motor vehicle insurance policy' means an automobile liabi lity policy or motor18 vehicle liability policy issued, delivered, or issued for delivery in this state to the owner19 of a motor vehicle which provides at least the minimum coverage required by this20 chapter.21 (b) An insurer may exclude a named individual from coverage un der a motor vehicle22 insurance policy, provided that such insurer identifies such na med individual as an23 excluded driver to the Department of Revenue as provided in Cod e Section 40-6-10.2. 24 Such insurer shall notify the Department of Revenue when such n amed individual is no25 longer an excluded driver under such policy. Reserved."26 SECTION 2.27 Chapter 6 of Title 40 of the Official Code of Georgia Annotated , relating to uniform rules28 of the road, is amended in Article 1, relating to general provi sions, by adding a new Code29 section to read as follows:30 "40-6-10.2.31 (a) As used in this Code section, the term:32 (1) 'Excluded driver' means an individual expressly designated as excluded from33 coverage under a motor vehicle insurance policy.34 (2) 'Motor vehicle insurance policy' means an automobile liabi lity policy or motor35 vehicle liability policy issued, delivered, or issued for delivery in this state to the owner36 of a motor vehicle which provides at least the minimum coverage required by Chapter 3437 of Title 33.38 (b) When an insurer excludes a named individual from coverage under a motor vehicle39 insurance policy as provided in Code Section 33-34-5, such insu rer shall identify such40 named individual as an excluded driver under such policy in a notice to the Department of41 H. B. 585 (SUB) - 2 - 26 LC 52 1002S Revenue. Insurance coverage information included in such notic e of exclusion shall be42 limited to the name and contact information of the insurer, the vehicle identification43 number, the make and year of the insured motor vehicle, the policy effective date, and the44 name of the excluded driver.45 (c) When a law enforcement officer of this state determines that the operator of a motor46 vehicle is an excluded driver under the motor vehicle insurance policy for such vehicle and47 such operator does not have proof of effective insurance, such law enforcement officer48 shall issue a uniform traffic citation for operating a motor ve hicle without proof of49 insurance as provided in Code Section 40-6-10.50 (d) An owner who knowingly authorizes an individual to operate a motor vehicle when51 such individual is an excluded driver under the motor vehicle i nsurance policy for such52 vehicle and such owner knows such individual does not have other effective insurance shall53 be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not54 less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months,55 or both."56 SECTION 3.57 This Act shall become effective on July 1, 2027, and shall appl y to all motor vehicle58 insurance policies issued, delivered, issued for delivery, or renewed in this state on or after59 such date.60 SECTION 4.61 All laws and parts of laws in conflict with this Act are repealed.62 H. B. 585 (SUB) - 3 -