House Bill 1344 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99th, Burns of the 159th, Lumsden of the 12th, Kelley of the
16th, Hugley of the 141st, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 9, 15, 23, 33, and 40 of the Official Code of Georgia Annotated, relating to
civil practice, courts, equity, insurance, and motor vehicles and traffic, respectively, so as to
establish certain protections for individuals, titles, and properties, provide for risk mitigation
against loss, and strengthen the enforcement authority of the Commissioner of Insurance; to
provide for the submission of information on suspected insurance fraud; to provide for
certain entities to pay into the Special Insurance Fraud Fund; to authorize the Commissioner
to use such funds to employ prosecuting attorneys for the prosecution of insurance fraud; to
prohibit the solicitation, release, or sale of automobile accident information; to provide for
the recruitment of insurers to this state; to provide for violation and punishment; to provide
for the retention of insurers in this state; to provide for timely claims processing after a
catastrophic event; to provide for reporting the use of premium tax funds; to provide for
refunds and credits; to provide for homeowner protections with regard to insurance
companies' use of aerial or satellite images; to provide for definitions; to provide for certain
procedures; to require that homeowners be allowed 60 days to correct; to provide for
applicability; to provide for rules and regulations; to provide for contractual limitations; to
provide for exemptions; to provide for storm damage mitigation through the Georgia Storm
Mitigation Program; to provide for funding; to provide for matching and nonmatching grants;
to provide for eligibility; to provide for mitigation contractors; to provide for increased fees
for driving without minimum motor vehicle insurance coverage; to increase the amount of
certain monetary penalties; to provide for rental home marketplace guarantees to be excluded
from the definition of property insurance; to revise provisions for judicial sales relative to
acceptable tenders by purchasers; to permit certain purchasers to submit credit bids; to
provide for the protection of personally identifiable data of judges and spouses; to provide
for the restriction from disclosure of certain information; to provide for authorized release
of certain restricted information; to provide penalties; to provide for construction; to provide
for the qualification of special masters in certain quiet title actions; to provide for definitions;
to provide for related matters; to provide for short titles; to provide for legislative purposes;
to provide for an effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Short title and legislative purposes
SECTION 1-1.
This Act shall be known and may be cited as the "Georgia Insurance Affordability and
Claims Integrity Act."
SECTION 1-2.
(a) The purposes of this Act are to ensure that Georgia consumers, including businesses and
individuals, have access to:
(1) Affordable quality insurance coverage without being subjected to unjustified rate
hikes or unfair business practices; and
(2) Fair and transparent insurance policies under which claims are processed
expeditiously and in compliance with policy provisions and federal and state law.
(b) These purposes shall be accomplished by enhancing the Commissioner of Insurance's
authority; providing homeowner protections with regard to insurance companies' use of aerial
or satellite images; clarifying the regulation of insurance fraud, uninsured motorists,
premium tax, insurance rates, and claims processing; exempting rental home marketplace
guarantees from the definition of property insurance; encouraging cooperation among state
agencies; and protecting personally identifiable information of current and former judges and
their spouses.
PART II
Insurance fraud
SECTION 2-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 1, relating to general provisions, by revising subsection (f) of Code Section 33-1-16,
relating to investigation of fraudulent insurance act, collection of evidence, immunity from
liability, public inspection, and enforcement, as follows:
"(f) Any person, other than an insurer, agent, or other person licensed under this title, or
an employee thereof, having knowledge of or who believes that a fraudulent insurance act
is being or has been committed may send to the Commissioner a report of information
pertinent to such knowledge of or belief and such additional information relative thereto
as the Commissioner may request. Any insurer, agent, or other person licensed under this
title, or an employee thereof, having knowledge of or who believes that a fraudulent
insurance act is being or has been committed shall send to the Commissioner a report or
information pertinent to such knowledge or belief and such additional information relative
thereto as the Commissioner or his or her employees or agents may require. Any insurer
that conducts an independent investigation of suspected insurance fraud shall not be
required to complete such investigation before sending information pertinent to such
investigation to the Commissioner. The Commissioner or his or her employees or agents
shall review such information or reports as, in the judgment of the Commissioner or such
employees or agents, may require further investigation. The Commissioner shall then
cause an investigation of the facts surrounding such information or report to be made to
determine the extent, if any, to which a fraudulent insurance act is being committed and
shall report any alleged violations of law which the investigations disclose to the
appropriate prosecuting attorney having jurisdiction with respect to any such violation. If
prosecution by the prosecuting attorney is not begun within 90 days of the report, the
prosecuting attorney shall inform the Commissioner of the reasons for the lack of
prosecution."
SECTION 2-2.
Said title is further amended in said chapter by revising subsection (c) of Code Section
33-1-17, relating to Special Insurance Fraud Fund, as follows:
"(c)(1) The Commissioner shall prepare, on an annual basis, a separate budget request
to the General Assembly which sets forth the anticipated cost and expense of funding the
investigation and prosecution of insurance fraud in this state for the ensuing 12 months.
Such budget request shall set forth the annual cost and expense of the investigation and
prosecution of insurance fraud in Georgia this state for the preceding 12 months.
(2) There is imposed upon each foreign, alien, and domestic insurance company doing
business in the state an annual assessment under a formula to be established by regulation
promulgated by the Commissioner. The formula shall be calculated such that the total
proceeds paid or collected from such assessments for any year shall not exceed the
amounts appropriated by the General Assembly pursuant to paragraph (3) of this
subsection, which appropriation shall be based upon the budget request setting forth the
applicable annual cost and expense of the investigation and prosecution of insurance
fraud in Georgia this state submitted by the Commissioner. Such assessments may be
measured by kind of company, kind of insurance, income, volume of transactions, or such
other factors as the Commissioner determines deems appropriate. Assessments based on
the annual appropriation shall be due on September 1 of the year of the assessment. Any
insurance company which fails to report and pay any such assessment shall be subject to
penalties and interest as provided by subsection (d) of Code Section 33-8-6. The
Commissioner shall provide by regulation for such other terms and conditions for the
payment or collection of such assessments as may be necessary to ensure the proper
payment and collection thereof. Notwithstanding the foregoing, the provisions of this
Code section shall not apply to an agency captive insurance company, any certified
dormant captive insurance company. Any agency captive insurance company, industrial
insured captive insurance company, sponsored captive insurance company (including a
protected cell thereof), or pure captive insurance company. Foreign and shall pay a fixed
amount of $100.00 per year into the Special Insurance Fraud Fund, and any foreign or
alien captive insurance companies company doing business in Georgia this state shall,
however, pay a fixed amount of $100.00 $200.00 per year into the Special Insurance
Fraud Fund, without regard to the amount of the Georgia premium written by such
foreign or alien captive insurance company. No additional amount shall be assessed
against the foreign or alien any captive insurance company for the purpose of funding the
investigation and prosecution of insurance fraud.
(3) The General Assembly may appropriate funds to the department for the investigation
of insurance fraud and for the funding of the prosecution of insurance fraud. The
Commissioner is authorized to use such funds for the investigation of insurance fraud and
to reimburse prosecuting attorneys for some or all of the costs of retaining assistant
prosecuting attorneys to prosecute insurance fraud cases. The Commissioner is further
authorized to use such funds to employ prosecuting attorneys for the prosecution of
insurance fraud, which the district attorney in each judicial circuit may appoint in the
manner as provided in Code Section 15-18-20. The Commissioner shall provide by
regulation for such other terms and conditions for the use of the funds for the
investigation, reimbursement, and prosecution contemplated by the terms of this
paragraph."
SECTION 2-3.
Said title is further amended in said chapter by adding a new Code section to read as follows:
"33-1-9.2.
(a) As used in this Code section, the term:
(1) 'Capper,' 'runner,' or 'steerer' means a person who receives a pecuniary benefit from
a practitioner or healthcare service provider, whether directly or indirectly, to solicit,
procure, or attempt to procure a client, patient, or customer at the direction or request of,
or in cooperation with, a practitioner or healthcare service provider whose purpose is to
obtain benefits under a contract of insurance or to assert a claim against an insured or an
insurer for providing services to the client, patient, or customer. Such terms shall not
include:
(A) Any insurance company or agent or employee thereof that provides referrals or
recommendations to its insureds; or
(B) A practitioner or healthcare service provider that procures clients, patients, or
customers through the use of public media or by referrals or recommendations from
other practitioners or healthcare service providers.
(2) 'Practitioner' means an attorney, healthcare professional, owner or partial owner of
a healthcare practice or facility, or any person employed or acting on behalf of any of the
individuals listed in this paragraph.
(3) 'Public media' means telephone directories, professional directories, newspapers and
other periodicals, radio and television, billboards, and mailed or electronically transmitted
written communications that do not involve in-person contact with a specific prospective
client, patient, or customer.
(b) Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72,
it is unlawful for any person in an individual capacity or in a capacity as a law enforcement
officer, law enforcement records staff member, wrecker services staff member, emergency
staff member, physician, hospital employee, or attorney to solicit, release, or sell any
information relating to the parties of a motor vehicle collision for personal financial gain.
This subsection shall not apply to public media advertisement and solicitation.
(c) It is unlawful for:
(1) Any person in an individual capacity or in a capacity as a public or private employee
or any firm, corporation, partnership, or association to act as a capper, runner, or steerer
for any practitioner or healthcare service provider. This paragraph shall not prohibit an
attorney or healthcare provider from making a referral and receiving compensation as is
permitted under applicable professional rules of conduct; and
(2) Any practitioner or healthcare service provider to compensate or give anything of
value to a person acting as a capper, runner, or steerer. It is also unlawful for any capper,
runner, or steerer to recommend or secure a practitioner's or healthcare service provider's
employment by a client, patient, or customer if such practitioner or healthcare service
provider obtains or intends to obtain benefits under a contract of insurance or asserts a
claim against an insured or an insurer for providing services to the client, patient, or
customer.
(d) Any person convicted of a violation of this Code section shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment of not more than ten years and
by a fine of not more than $200,000.00 per violation."
SECTION 2-4.
Said title is further amended in Chapter 24, relating to insurance generally, by repealing and
reserving Code Section 33-24-53, relating to solicitation, release, or sale of automobile
accident information prohibited, definitions, exceptions, and penalties.
PART III
Recruitment and retention of insurers
SECTION 3-1.
Said title is further amended in Chapter 1, relating to general provisions, by adding a new
Code section to read as follows:
"33-1-28.
The Commissioner, in coordination with the Department of Economic Development, is
authorized to pursue the recruitment and retention of insurers to keep or change domiciles
in or to this state and to locate local, regional, national, and international headquarters and
major offices in this state."
PART IV
Timely claims processing and payment
SECTION 4-1.
Title 33 of the Official Code of Georgia Annotated is further amended in Chapter 3, relating
to authorization and general requirements for transaction of insurance, by adding a new Code
section to read as follows:
"33-3-28.1.
(a) As used in this Code section, the term 'catastrophic event' means a major natural or
human caused event, including, but not limited to, windstorms, cyclones, earthquakes,
hurricanes, ice storms, tornadoes, high winds, floods, hail storms, or any other weather
events or occurrences, provided that any such event or occurrence has been declared as a
disaster or emergency by the President of the United States or the Governor.
(b) After a catastrophic event occurs in this state, the Commissioner is authorized to
extend the time period during which insurers require receipt of claims from insureds when,
at the sole determination of the Commissioner, a lack of qualified resources are available
for insureds to file an accurate claim.
(c) After a catastrophic event occurs in this state, the Commissioner is authorized to issue
a directive requiring every insurer to comply with the following requirements relating to
processing property claims arising from the catastrophic event:
(1) Within 15 calendar days of receiving notification of a claim, the insurer shall
acknowledge the claim and provide necessary claims forms and reasonable instructions
to the insured. Notification of a claim provided to an insurer's agent shall constitute
notification to the insurer. Acknowledgment of the claim made by any means other than
writing shall be noted and dated in the insurer's claim file on the insured. Payment within
15 calendar days of receiving notification of a claim shall satisfy the requirements of this
paragraph;
(2) The insurer shall affirm or deny liability on claims for losses arising from
catastrophic events within 15 calendar days of receiving the completed proof of loss from
the insured under a motor vehicle policy and within 60 calendar days of receiving the
completed proof of loss from the insured under all other property insurance policies. If
the insurer does not require proof of loss to be completed, a coverage investigation shall
take place within 30 calendar days from the day notification the claim was received;
(3) Payment shall be tendered to the insured within ten calendar days after coverage is
accepted and the full amount of the claim is determined and not in dispute. In claims
where multiple coverages are involved, payment for individual coverages that are not in
dispute shall be tendered within ten calendar days after coverage is confirmed if such
payment would terminate the insurer's known liability under that individual coverage;
(4) If the insurer needs more time than specified in paragraph (3) of this subsection to
determine liability, such insurer shall notify the claimant within five business days after
the time limitation has elapsed that more time is needed, the reason more time is needed,
and an estimate of additional time needed to establish liability. Notification by any other
means than writing shall be noted and dated in the insurer's claim file on the insured; and
(5) The total time the insurer has to affirm or deny liability shall not exceed 60 days from
the time the insurer is notified of the claim, unless the insurer has documented in the
claim file that reasonable and necessary information to determine liability has been
requested and not been provided by the insured."
PART V
Reporting use of insurance premium tax
SECTION 5-1.
Title 33 of the Official Code of Georgia Annotated is further amended in Chapter 8, relating
to fees and taxes, in Code Section 33-8-8.2, relating to county and municipal corporation
taxes on other than life insurance companies, by adding a new subsection to read as follows:
"(f) On or before January 1, 2027, and annually thereafter, any county or municipal
corporation receiving allocated taxes collected pursuant to this Code section shall file with
the Commissioner an annual report on a form prescribed by the Commissioner
demonstrating how funds were expended for purposes authorized by law or, as an
alternative for a county, a copy of the budget report required of counties pursuant to Code
Section 33-8-8.3."
PART VI
Refunds and credits
SECTION 6-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 8, relating to fees and taxes regarding insurance, by revising Code Section 33-8-9,
relating to granting of refunds and credits by Commissioner, as follows:
"33-8-9.
Refunds and credits of license fees and taxes levied by this chapter shall be made by the
Commissioner in accordance with the provisions of Code Sections 33-2-29 through
33-2-31; provided, however, that any claim for a refund of a fee or tax erroneously or
illegally assessed and collected under this chapter shall be made by the insurer in writing
within three years after the date of payment of such fee or tax to the Commissioner."
PART VII
Insurer use of aerial images
SECTION 7-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 9, relating to regulation of rates, underwriting rules, and related organizations, by
adding a new Code section to read as follows:
"33-9-45.
(a) As used in this Code section, the term:
(1) 'Admitted insurer' means an insurance company authorized or licensed to transact
insurance business within this state.
(2) 'Adverse underwriting decision' means a cancellation or nonrenewal of an owner
occupied residential property insurance coverage in which the basis for such cancellation
or nonrenewal relies on the use of aerial images. Such term does not mean placement of
coverage with an insurer that is not an admitted insurer or with the Fair Access to
Insurance Requirements Plan described in Chapter 33 of this title.
(3) 'Aerial images' means photographs or other images, except for satellite images, of a
named insured's owner occupied residential property captured from an aircraft, drone,
balloon, or unmanned aerial system.
(4) 'Nonrenewal' means a refusal by an insurer or an affiliate of an insurer to renew.
Failure of an insured to pay the premium as required of the insured for renewal, a change
in policy terms, or a reduction in coverage after the insurer has manifested a willingness
to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal
to the named insured or his or her representative or has offered to issue a renewal policy,
certificate, or other evidence of renewal or has manifested such intention by any other
means shall not be considered a nonrenewal.
(5) Owner-occupied residential property means a home where the title holder lives as his
or her primary residence.
(6)(A) 'Renewal' means:
(i) Issuance and delivery by an insurer or an affiliate of such insurer of a policy
superseding at the end of the policy period or term a policy previously issued and
delivered by the same insurer;
(ii) Issuance and delivery of a certificate or notice extending the term of a policy
beyond its policy period or term; or
(iii) The extension of the term of a policy beyond its policy period or term pursuant
to a provision for extending the policy by payment of a continuation premium.
(B) Any policy with a policy period or term of less than six months shall be considered
to have successive policy periods or terms ending each six months following its original
date of issuance and, regardless of its wording, any interim termination by its terms or
by refusal to accept premiums shall be a cancellation. Any policy written for a period
or term longer than one year or any policy with no fixed expiration date shall be
considered as if written for successive policy periods or terms of one year and any
termination by an insurer effective on an anniversary date of such policy shall be
deemed a refusal to renew.
(7) 'Residential property' means real property occupied as the primary residence of a
natural person.
(8) 'Satellite images' means images of a named insured's owner occupied residential
property captured from a satellite.
(9)(A) 'Unmanned aerial system' means a powered, aerial vehicle that:
(i) Does not carry a human operator and is operated without the possibility of direct
human intervention from within or on the vehicle;
(ii) Uses aerodynamic forces to provide vehicle lift;
(iii) Can fly autonomously or be piloted remotely;
(iv) Can be expendable or recoverable; and
(v) Has the ability to photograph.
(B) Such term does not include a satellite.
(b) When utilizing aerial images or satellite images produced by an unmanned aerial
system or satellite as a basis for the cancellation or nonrenewal of the insurance on an
owner occupied residential property, an admitted insurer shall:
(1) Ensure that the notice of an adverse underwriting decision by the insurer includes
copies, or instructions as to how to access copies, of the date stamped aerial images or
satellite images used as the basis of the adverse underwriting decision and a description
of the steps the owner occupied residential property owner may take to reverse the
insurer's adverse underwriting decision on such owner's property, including the specific
standards that any repairs must adhere to. Such aerial images and satellite images shall
have been taken within 12 months of the issuance of the adverse underwriting decision;
(2) Establish a point of contact at the insurer and a process for currently insured property
owners to provide documentation of completion of the required work that the insurer
communicates to the property owner under paragraph (1) of this subsection. Such
documentation shall be used by the insurer in considering whether to uphold or reverse
the adverse underwriting decision. Except in circumstances as shall be described in rules
and regulations which shall be promulgated by the Commissioner, any images submitted
by the property owner to the insurer shall be of equal or greater resolution and quality as
the aerial images or satellite images otherwise being relied upon by the insurer to make
the adverse underwriting decision;
(3) Establish an appeal process so that the property owner may correct any errors or
misunderstandings related to the adverse underwriting decision;
(4) Provide the currently insured property owner a minimum of 60 days to cure the
condition or conditions underlying an adverse underwriting decision from the date the
insurer identifies the specific condition or conditions, even if the date to cure exceeds the
nonrenewal notice period provided for in Code Section 33-24-46. An insurer shall have
the right to assess the work used to correct the condition or conditions to ensure that such
condition or conditions have been corrected in a manner that meets the standards
originally communicated by the insurer under paragraph (1) of this subsection; and
(5) Offer a renewal policy or rescission of the insurer's adverse underwriting decision to
a property owner who submits proof that he or she has cured the condition or conditions
identified in paragraph (1) of this subsection.
(c) This Code section is applicable to the Fair Access to Insurance Requirements Plan
described in Chapter 33 of this title, as such plan relates to residential properties.
(d) The Commissioner shall promulgate rules and regulations to enforce this Code section
which shall determine the method or methods by which owner occupied residential
property owners shall submit proof of the correction of the condition or conditions
identified in paragraph (1) of subsection (b) of this Code section and set forth the minimum
and maximum resolution of the aerial images or satellite images that may be required
related to such proof."
PART VIII
Contractual limitations
SECTION 8-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 24, relating to insurance generally, by repealing and reserving Code Section
33-24-53, relating to solicitation, release, or sale of automobile accident information
prohibited, definitions, exceptions, and penalties.
SECTION 8-2.
Said title is further amended in said chapter by adding a new Code section to read as follows:
"33-24-59.37.
(a) No property, casualty, credit, marine and transportation, or vehicle insurance policy
providing first-party insurance coverage for loss or damage to any type of real or personal
property in this state, or any related contract or instrument to such policy, shall contain a
contractual limitation requiring commencement of any suit or action within a specified
period of time of less than two years from the date of loss; provided, however, that such
limitation shall apply only to the portion or portions of such policies providing first-party
property insurance coverage. This subsection shall apply to all such policies issued,
delivered, issued for delivery, or renewed in this state on and after July 1, 2027.
(b) Liability coverage and workers' compensation coverage are expressly exempted from
the requirements of subsection (a) of this Code section."
PART IX
Georgia Storm Damage Mitigation Program
SECTION 9-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Chapter 32, relating to property insurance, by adding a new article to read as follows:
"ARTICLE 3
33-32-20.
This article shall be known and may be cited as the 'Georgia Storm Damage Mitigation
Program Act.'
33-32-21.
As used in this article, the term:
(1) 'Program' means the Georgia Storm Damage Mitigation Program.
(2) 'Residential property' means real property used or occupied as the primary residence
of a natural person.
33-32-22.
(a) There is established the Georgia Storm Damage Mitigation Program within the
department for the purpose of reducing the financial impact of property insurance claims
in this state by mitigating losses and lowering repair costs through a comprehensive and
coordinated approach to remedy damages due to tornadoes, hurricanes, and windstorms.
(b) The Commissioner shall administer the program and is authorized to appoint a program
administrator.
(c) The program shall not create an entitlement for residential property owners or obligate
the state in any way to fund the inspection or retrofitting of residential property.
33-32-23.
(a) Implementation of the Georgia Storm Damage Mitigation Program is subject to
sufficient funds provided through annual legislative appropriations and other funds as
provided for in this Code section.
(b) The program shall be funded through the use of all premium taxes collected from the
underwriting association established pursuant to Chapter 33 of this title and through
one-tenth of 1 percent of state insurance premium taxes collected annually and remitted to
the department pursuant to Code Section 33-8-4.
(c) The Commissioner or the program administrator is authorized to solicit and accept
federal funding in support of the program as well as private funding, public grants, in-kind
gifts, or any other funding or donations from individuals, private organizations, or
foundations.
33-32-24.
(a) The department is authorized to award grants under the program subject to the
availability of funds.
(b) Grants may be used for the following improvements to residential property:
(1) Roof deck attachments;
(2) Secondary water barriers;
(3) Roof coverings;
(4) Brace gable ends;
(5) Reinforcement of roof-to-wall connections;
(6) Opening protections;
(7) Exterior doors, including, but not limited to, garage doors;
(8) Tie downs;
(9) Fixing problems associated with weakened trusses, studs, and other structural
components;
(10) Inspection and repair or replacement of manufactured home piers, anchors, and
tie-down straps; and
(11) Any other mitigation techniques recommended by the Commissioner or the program
administrator, as provided in rules and regulations promulgated by the Commissioner.
33-32-25.
(a) Any grants issued pursuant to this Code section shall be used to assist owners of a
single-family dwelling or site-built, manufactured, or modular, owner occupied, residential
property to retrofit such property to be less vulnerable to hurricanes, tornadoes, hail,
windstorms, or flooding damage.
(b) To be eligible for a grant, a residential property shall be:
(1) A single-family dwelling or a site-built, manufactured, or modular residential
property owned and occupied by the applicant;
(2) The legal residence of the applicant; and
(3) Covered by a current homeowners or dwelling insurance policy that:
(A) Is issued by an insurer authorized to write insurance in this state, issued by a
surplus lines insurer when lawfully placed by a surplus lines broker authorized to do
business in this state, or is covered through the underwriting association established
pursuant to Chapter 33 of this title;
(B) Provides insurance coverage of the residential property equal to or greater than the
fair market value of property as such term is defined in Code Section 48-5-2; and
(C) Has undergone an acceptable wind certification and hurricane mitigation inspection
in accordance with program requirements.
(c) The type and amount of grants shall be awarded as follows:
(1) A resilient mitigation award for roof retrofits meeting industry standards and
guidelines, such as Georgia Strong Home retrofit guidelines only, and Institute for
Business and Home Safety Fortified Roof retrofit guidelines for a residential property,
as may be provided for by rules. Such award shall not exceed $6,000.00 for matching
grants or $7,500.00 for nonmatching grants;
(2) A sustainable mitigation award for roof retrofits meeting industry standards and
guidelines, such as Georgia Strong Home retrofit guidelines, or for window replacement
and opening protection retrofits meeting industry standards and guidelines, such as
Georgia Strong Home opening protection guidelines for residential property, as may be
provided for by rules. Such award shall not exceed $4,000.00 for matching grants or
$5,000.00 for nonmatching grants awards; or
(3) A sustainable mitigation award for hurricane shuttering and protective barrier
systems meeting industry standards and guidelines, such as Georgia Strong Home
opening protection guidelines, as may be provided for by rules. Such award shall not
exceed $4,000.00 for either matching or nonmatching grants.
(d) The amount of any nonmatching grant shall be determined based on the cost of the
mitigation project and a percentage of the total adjusted household income of the applicant
according to their most recent federal income tax return. Applicants for nonmatching
grants with a total annual adjusted gross household income that does not exceed the median
annual adjusted gross income for households within the county in which the applicant
resides may be eligible for the maximum amount of such grant. Applicants for
nonmatching grants with a total annual adjusted household income above the median for
households within the county in which the applicant resides may be awarded a lower grant
amount.
33-32-26.
Matching grants may be made available to local governments and nonprofit entities for
projects that reduce storm and hurricane damage to single-family dwelling or a site-built,
manufactured, or modular owner occupied, residential property, provided that:
(1) No matching grant for any one local government or nonprofit entity shall exceed
$25,000.00 in any fiscal year;
(2) The total amount of matching grants awarded to all local governments and nonprofit
entities combined shall not exceed $200,000.00 in any fiscal year;
(3) The difference between $250,000.00 and the total amount of grants awarded to all
local governments and nonprofit entities combined in any fiscal year shall be applied to
grants to individual residential property owners as provided in Code Section 33-32-25;
and
(4) For any project funded, in whole or in part, by a grant pursuant to this Code section,
the local government or nonprofit entity shall employ multimedia public education,
awareness, and advertising efforts designed to specifically address mitigation techniques,
as well as a component to support ongoing consumer resources and referral services.
33-32-27.
(a) The department shall create a process in which mitigation contractors agree to
participate and seek reimbursement under the program and homeowners agree to select
from a list of participating contractors.
(b) Any mitigation projects shall be based upon the securing of all required local permits
and inspections and shall be subject to random reinspection. The Commissioner or the
program administrator may reinspect up to 10 percent of all mitigation projects.
33-32-28.
The Commissioner shall promulgate rules and regulations necessary to implement the
provisions of this article."
PART X
Uninsured motorists lapse fees
SECTION 10-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is
amended in Chapter 2, relating to registration and licensing of motor vehicles, by revising
subsection (e) of Code Section 40-2-137, relating to notice of insurance coverage and
termination, lapses in insurance coverage, and insurance coverage for active duty military
personnel, as follows:
"(e)(1) When proof of minimum motor vehicle insurance coverage is provided within the
time period specified in this Code section, but there has been a lapse of coverage for a
period of more than ten days, the owner shall remit a $25.00 $50.00 lapse fee to the
department. Failure to remit the lapse such fee to the department within 30 days of the
date of such notice will shall result in the immediate suspension of the such owner's
motor vehicle registration by operation of law. If any lapse fee provided for in this Code
section is paid to the county tax commissioner, the county shall retain $5.00 $10.00
thereof as a collection fee.
(2) If proof is not provided within the time period specified in this Code section that
minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle
registration shall be suspended immediately by operation of law by the department.
When such proof is provided and the owner pays a $25.00 $50.00 lapse fee and pays a
$60.00 $125.00 restoration fee, the suspension shall terminate; provided, however, that
the commissioner may waive the lapse fee and restoration fee for any owner whose
vehicle registration has been suspended pursuant to this paragraph who provides proof
of continuous minimum motor vehicle insurance coverage. If any restoration fee
provided for in this Code section is paid to the county tax commissioner, the county shall
retain $10.00 $15.00 thereof as a collection fee.
(3) In the event of a second suspension of the owner's registration under this Code
section, within a five-year period of a prior suspension, the department by operation of
law shall suspend the such owner's motor vehicle registration shall be suspended
immediately by operation of law. When proof is provided that minimum motor vehicle
insurance coverage is in effect and the owner pays a $25.00 $125.00 lapse fee and pays
a $60.00 $150.00 restoration fee, the suspension shall terminate.
(4) In the event of a third or subsequent suspension of the owner's registration under this
Code section, within the previous five-year period from the date of the third or
subsequent suspension, the department by operation of law shall revoke the such owner's
motor vehicle registration shall be revoked immediately by operation of law. When proof
is provided that minimum motor vehicle insurance coverage is in effect and the owner
pays a $25.00 $150.00 lapse fee and pays a $160.00 $500.00 restoration fee, the owner
may apply for registration of the motor vehicle."
PART XI
Monetary penalties
SECTION 11-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is further amended
in Chapter 1, relating to general provisions, by revising subsection (e) of Code Section
33-1-9, relating to insurance fraud, venue, penalty, and exemption, as follows:
"(e) A natural person convicted of a violation of this Code section shall be guilty of a
felony and shall be punished by imprisonment for not less than two nor more than ten
years, or by a fine of up to $100,000.00 for each and every act in violation of this Code
section not more than $10,000.00, or both."
SECTION 11-2.
Said title is further amended in said chapter by revising subsection (c) of Code Section
33-1-9.1, relating to crimes of staging a collision or filing a fraudulent claim and penalty, as
follows:
"(c) A person shall be guilty of the crime of making a fraudulent claim related to a staged
collision when such person makes, or assists in making, a claim for insurance benefits of
any type or brings, or assists in bringing, a civil lawsuit against another seeking monetary
damages with knowledge that the injuries for which insurance benefits or monetary
damages are sought resulted from a staged collision, or seeks to obtain any benefit to which
such claimant is not legally entitled. Making a fraudulent claim related to a staged
collision shall constitute a felony and shall be punishable by no less than one year nor more
than five years' imprisonment or by a fine of up to $100,000.00 for each and every act in
violation of this subsection, or both."
SECTION 11-3.
Said title is further amended in said chapter by revising subsection (c) of Code Section
33-1-15, relating to affidavit that insured's motor vehicle stolen, as follows:
"(c) Any person who violates subsection (b) of this Code section shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less than one nor
more than five years or by a fine of not more than $10,000.00 $20,000.00, or both."
SECTION 11-4.
Said title is further amended in said chapter by revising subsection (d) of Code Section
33-1-16.1, relating to excessive, fraudulent, or high-tech drug testing of certain individuals
as fraudulent insurance act, as follows:
"(d) A natural person convicted of a violation of this Code section shall be guilty of a
misdemeanor and shall be punished by imprisonment confinement for not more than 12
months, by a fine of not more than $1,000.00 $2,500.00 per violation, or both."
SECTION 11-5.
Said title is further amended in said Chapter 6, relating to unfair trade practices, by revising
subsection (a) of Code Section 33-6-8, relating to issuance of cease and desist orders,
issuance of orders providing for other relief, change in orders, and date on which orders
appealable, as follows:
"(a) If, after the hearing provided for in Code Section 33-6-7, the Commissioner shall
determine that the person charged has engaged in an unfair method of competition or an
unfair or deceptive act or practice, he or she shall reduce his or her findings to writing and
shall issue and cause to be served upon the person charged with the violation a copy of the
findings and an order requiring such person to cease and desist from engaging in the
method of competition, act, or practice; and, if the act or practice is a violation of Code
Sections 33-6-4 and 33-6-5, the Commissioner may at his or her discretion order any one
or more of the following:
(1) Payment of a monetary penalty of not more than $1,000.00 $5,000.00 for each and
every act or violation, unless the person knew or reasonably should have known he or she
was in violation of this article, in which case the penalty shall be not more than $5,000.00
$25,000.00 for each and every act or violation;
(2) Suspension or revocation of the person's license, if he or she knew or reasonably
should have known he or she was in violation of this article; or
(3) Any other relief as is reasonable and appropriate."
SECTION 11-6.
Said title is further amended in said chapter by revising Code Section 33-6-9, relating to
penalties for violations of cease and desist orders, as follows:
"33-6-9.
After notice and hearing and upon order of the Commissioner, any person who violates a
cease and desist order under Code Section 33-6-8, while the order is in effect may, at the
discretion of the Commissioner, be subject to any one or more of the following:
(1) A monetary penalty of not more than $10,000.00 $15,000.00 for each and every act
or violation;
(2) Suspension or revocation of such person's license; or
(3) Any other relief as is reasonable and appropriate."
SECTION 11-7.
Said title is further amended in Chapter 9, relating to regulation of rates, underwriting rules,
and related organizations, by revising Code Section 33-9-38, relating to penalty for failure
to comply with final order of Commissioner and penalty for willful violation of provision of
chapter, as follows:
"33-9-38.
(a) Any person, insurer, organization, group, or association who fails to comply with a
final order of the Commissioner under this chapter shall be liable to the state in an amount
not exceeding $50.00 $1,000.00; but, if such failure is willful, the person, insurer,
organization, group, or association shall be liable to the state in an amount not exceeding
$5,000.00 $10,000.00. The Commissioner shall collect the amount so payable and may
bring an action in the name of the people of the State of Georgia to enforce collection.
Such penalties may be in addition to any other penalties provided by law.
(b) Any person who willfully violates this chapter shall be guilty of a misdemeanor."
SECTION 11-8.
Said title is further amended in Chapter 15, relating to fraternal benefit societies, by revising
Code Section 33-15-122, relating to violations and penalties, as follows:
"33-15-122.
(a) Any person, officer, member, or examining physician of any society doing business
under this chapter who shall knowingly or willfully make any false or fraudulent statement
or representation in or relating to any application for membership or for the purpose of
obtaining money from or a benefit in any society shall be guilty of a misdemeanor and shall
be punishable by a fine not to exceed $2,000.00.
(b) Any person who willfully makes a false or fraudulent statement in any verified report
or declaration under oath required or authorized by this chapter or of any material fact or
thing contained in a sworn statement concerning the death or disability of an insured for
the purpose of procuring payment of a benefit named in the certificate shall be guilty of
false swearing and shall be subject to the penalties therefor prescribed by Code Section
16-10-71.
(c) Any person who solicits membership for, or in any manner assists in procuring
membership in, any society not licensed to do business in this state shall, upon conviction
thereof, be fined not less than $50.00 nor more than $200.00.
(d) Any person guilty of a willful violation of, or neglect or refusal to comply with, the
provisions of this chapter for which a penalty is not otherwise prescribed shall, upon
conviction thereof, be subject to a fine not to exceed $200.00 $2,000.00."
SECTION 11-9.
Said title is further amended in Chapter 22, relating to insurance premium finance
companies, by revising subsection (e) of Code Section 33-22-3, relating to requirement of
license for transaction of business, fees, change of address, and examination of applicants,
as follows:
"(e) Any person who shall engage in the business of financing insurance premiums in this
state without obtaining a license as provided in this Code section shall, upon conviction,
be subject to a fine of not more than $1,000.00 $2,000.00."
SECTION 11-10.
Said title is further amended in said chapter by revising subsections (c) and (d) of Code
Section 33-22-6, relating to grounds and procedure for revocation, suspension, or nonrenewal
of license or imposition of probation or fine, as follows:
"(c) In lieu of revoking or suspending the license for any of the causes enumerated in
subsection (a) of this Code section, the Commissioner shall have the authority after a
hearing to place the premium finance company on probation for a period of time not to
exceed one year and may subject such company to a penalty of not more than $1,000.00
$2,000.00 for each offense when, in his or her judgment, he or she finds that the public
interest would not be harmed by the continued operation of the company.
(d) The Commissioner shall also have the authority after a hearing to subject any person
or entity who is acting as a premium finance company in this state without a license, as
provided for by this chapter, to a penalty of not more than $1,000.00 $2,000.00 for each
violation of this chapter. The amount of any such penalty shall be paid by the company,
person, or entity to the Commissioner for the use of the state."
SECTION 11-11.
Said title is further amended in said chapter by revising subsection (b) of Code Section
33-22-14, relating to disposition of unearned premiums upon cancellation of insurance
policy, as follows:
"(b)(1) In the event that the crediting of return premiums to the account of the insured
results in a surplus over the amount due from the insured, the premium finance company
shall refund the excess within ten working days of receipt of the return premium or tender
of return premium to the insured via the agent, agency, or broker placing the insurance
and shall furnish such agent, agency, or broker, upon a written request, a report setting
forth an itemization of the unearned finance charge and other charges under the premium
finance agreement; provided, however, there shall be no refund required when the excess
due the insured is less than $5.00.
(2) Any insurance premium finance company failing to tender refunds or to furnish any
report requested by the agent, agency, or broker as required in paragraph (1) of this
subsection shall pay to the insured via the agent, agency, or broker a penalty equal to 25
50 percent of the amount of the refund and interest equal to 18 percent per annum until
such time as the refund is made; provided, however, the maximum amount of such
penalty and interest shall not exceed 50 percent of the amount of the refund due."
SECTION 11-12.
Said title is further amended in Chapter 23, relating to licensing, by revising paragraph (14)
of subsection (d) of Code Section 33-23-12, relating to limited licenses, as follows:
"(14) If a vendor or its employee or authorized representative violates any provision of
this subsection, the Commissioner may impose any of the following penalties:
(A) After notice and hearing, fines not to exceed $500.00 $1,000.00 per violation or
$5,000.00 $10,000.00 in the aggregate for such conduct; and
(B) After notice and hearing, other penalties that the Commissioner deems necessary
and reasonable to carry out the purpose of this article, including:
(i) Suspending the privilege of transacting portable electronics insurance pursuant to
this subsection at specific business locations where violations have occurred; and
(ii) Suspending or revoking the ability of individual employees or authorized
representatives to act under the license;"
SECTION 11-13.
Said title is further amended in Chapter 24, relating to insurance generally, by revising
subsection (n) of Code Section 33-24-19.1, relating to certificate of insurance forms to be
approved by Commissioner, definitions, and required provisions of certificate, as follows:
"(n) Any person who that violates this Code section may be fined up to $5,000.00
$10,000.00 per violation."
SECTION 11-14.
Said title is further amended in said chapter by revising subsection (c) of Code Section
33-24-44, relating to cancellation of policies generally, as follows:
"(c)(1) Any unearned premium which has been paid by the insured shall be refunded to
the insured on a pro rata basis as provided in this Code section. If the return does not
accompany notice of cancellation, then such return shall be made on or before the
cancellation date either directly to the named insured or to the insured's agent of record.
In the event the insurer elects to return such unearned premium to the insured via the
insured's agent of record, such agent shall return the unearned premium to the insured
either in person or by depositing such return in the mail within ten working days of
receipt of the unearned premium, or within ten working days of notification from the
insurer of the amount of return of unearned premium due, or on the effective date of
cancellation, whichever is later. If the insured has an open account with the agent, such
return of unearned premium may be applied to any outstanding balance and any
remaining unearned premium shall be returned to the insured either in person or by
depositing such return in the mail within ten working days of receipt of the unearned
premium, or within ten working days of notification from the insurer of the amount of
return of unearned premium due, or on the effective date of cancellation, whichever is
later.
(2) Paragraph (1) of this subsection shall not apply if an audit or rate investigation is
required or if the premiums are financed by a premium finance company. If an audit or
rate investigation is required, then the refund of unearned premium shall be made within
30 days after the conclusion of the audit or rate investigation. If the premiums are
financed by a premium finance company, any unearned premiums shall be tendered to
the premium finance company within ten working days after cancellation.
(3) Any insurer or agent failing to return any unearned premium as prescribed in
paragraphs (1) and (2) of this subsection shall pay to the insured a penalty equal to 25 50
percent of the amount of the return of the unearned premium and interest equal to 18
percent per annum until such time that proper return has been made, which penalty and
interest must shall be paid at the time the return is made; provided, however, that the
maximum amount of such penalty and interest shall not exceed 50 percent of the amount
of the refund due. Failure to return any unearned premium shall not invalidate a notice
of cancellation given in accordance with subsection (b) of this Code section."
SECTION 11-15.
Said title is further amended in Chapter 31, relating to credit life insurance and credit
accident and sickness insurance, by revising subsection (b) of Code Section 33-31-12,
relating to promulgation of rules and regulations, enforcement of provisions, and penalties
for violations, as follows:
"(b) In addition to any other penalty provided by law, any person who violates an order of
the Commissioner after it has become final and while the order is in effect, upon proof of
the violation to the satisfaction of the court, shall forfeit and pay to this the state a sum not
to exceed $250.00 $500.00, which may be recovered in a civil action, except that if such
violation is found to be willful, the amount of such penalty shall be a sum not to exceed
$1,000.00 $2,000.00. The Commissioner, in his or her discretion, may revoke or suspend
the license or certificate of authority of the person guilty of such violation. The order for
suspension or revocation shall be subject to judicial review as provided in Chapter 2 of this
title."
SECTION 11-16.
Said title is further amended in Chapter 34A, relating to vehicle protection product
warranties, by revising subsection (g) of Code Section 33-34A-11, relating to examinations
by Commissioner, enforcement, opportunity for a hearing, burden on Commissioner to show
justification, and penalty for violations, as follows:
"(g) A person who is found to have violated this chapter or orders or rules of the
Commissioner may be ordered to pay to the Commissioner a civil penalty in an amount,
determined by the Commissioner, of not more than $500.00 $1,000.00 per violation and
not more than $10,000.00 $20,000.00 in the aggregate for all violations of a similar nature.
For purposes of this Code section, violations shall be of a similar nature if the violation
consists of the same or similar course of conduct, action, or practice, irrespective of the
number of times the conduct, action, or practice that is determined to be a violation of this
chapter occurred."
SECTION 11-17.
Said title is further amended in Chapter 36, relating to Georgia Insurers Insolvency Pool, by
revising subsection (b) of Code Section 33-36-19, relating to advertisements,
announcements, or statements using insolvency pool for purpose of sales, as follows:
"(b) Any person who violates subsection (a) of this Code section may, after notice and
hearing and upon order of the Commissioner, be subject to one or both of the following:
(1) A monetary penalty of not more than $1,000.00 $2,000.00 for each act or violation,
but not to exceed an aggregate penalty of $10,000.00 $20,000.00; or
(2) Suspension or revocation of his or her license or certificate of authority."
SECTION 11-18.
Said title is further amended in Chapter 37, relating to insurers rehabilitation and liquidation,
by revising subsection (d) of Code Section 33-37-6, relating to cooperation with
Commissioner mandated and penalties for failure to cooperate, as follows:
"(d) Any person included within subsection (a) of this Code section who fails to cooperate
with the Commissioner, or any person who obstructs or interferes with the Commissioner
in the conduct of any delinquency proceeding or any investigation preliminary or incidental
thereto, or who violates any order the Commissioner issued validly under this chapter may:
(1) Be sentenced to pay a fine not exceeding $10,000.00 $20,000.00 or to undergo
imprisonment confinement for a term of not more than one year, or both; or
(2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty
not to exceed $10,000.00 $20,000.00 and shall be subject further to the revocation or
suspension of any insurance licenses issued by the Commissioner."
SECTION 11-19.
Said title is further amended in said chapter by revising subsection (b) of Code Section
33-37-22, relating to responsibility of agent to provide information and penalty for violation,
as follows:
"(b) Any agent failing to provide information to the liquidator as required in subsection (a)
of this Code section may be subject to payment of a penalty of not more than $1,000.00
$2,000.00 and may have his or her licenses suspended, said penalty to be imposed after a
hearing held by the Commissioner."
SECTION 11-20.
Said title is further amended in said chapter by revising subsection (b) of Code Section
33-37-32, relating to premiums due during pendency of liquidation action, penalties for
violation, notice, and right to appeal, as follows:
"(b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may
pursue either one or both of the following courses of action:
(1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties;
or
(2) Impose a penalty of not more than $5,000.00 $10,000.00 for each and every act in
violation of this Code section by said party or parties."
SECTION 11-21.
Said title is further amended in Chapter 38, relating to Georgia Life and Health Insurance
Guaranty Association, by revising subsection (b) of Code Section 33-38-21, relating to
references to the association in advertisements for insurance, as follows:
"(b) Any person who violates subsection (a) of this Code section may, after notice and
hearing and upon order of the Commissioner, be subject to one or more of the following:
(1) A monetary penalty of not more than $1,000.00 $2,000.00 for each act or violation,
but not to exceed an aggregate penalty of $10,000.00 $20,000.00; or
(2) Suspension or revocation of his or her license or certificate of authority."
SECTION 11-22.
Said title is further amended in Chapter 39, relating to collection, use, and disclosure of
information gathered by insurance institutions, by revising Code Section 33-39-19, relating
to monetary penalty for knowing violations of chapter and monetary penalty for violation of
cease and desist order, as follows:
"33-39-19.
(a) In any case where a hearing pursuant to Code Section 33-39-16 results in the finding
of a knowing violation of this chapter, the Commissioner may, in addition to the issuance
of a cease and desist order as prescribed in Code Section 33-39-18, order payment of a
monetary penalty of not more than $500.00 $1,000.00 for each violation but not to exceed
$10,000.00 $20,000.00 in the aggregate for multiple violations.
(b) Any person who violates a cease and desist order of the Commissioner under Code
Section 33-39-18 may, after notice and hearing and upon order of the Commissioner, be
subject to one or more of the following penalties, at the discretion of the Commissioner:
(1) A monetary fine of not more than $10,000.00 $20,000.00 for each violation;
(2) A monetary fine of not more than $50,000.00 $100,000.00 if the Commissioner finds
that violations have occurred with such frequency as to constitute a general business
practice; or
(3) Suspension or revocation of an insurance institution's or agent's license."
SECTION 11-23.
Said title is further amended in Chapter 47, relating to managing general agents, by revising
subsection (a) of Code Section 33-47-7, relating to violation of chapter and penalties, as
follows:
"(a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of
this title, that any person has violated any provision of this chapter, the Commissioner may
order:
(1) For each separate violation, a penalty in an amount not to exceed $10,000.00
$20,000.00;
(2) Revocation or suspension of the producer's license; and
(3) The managing general agent to reimburse the insurer or the rehabilitator or liquidator
of the insurer for any losses incurred by the insurer caused by a violation of this chapter
committed by the managing general agent."
SECTION 11-24.
Said title is further amended in Chapter 59, relating to life settlements, by revising subsection
(a) of Code Section 33-59-6, relating to filing of annual statement with the Commissioner
and confidential information, as follows:
"(a)(1) Each provider shall file with the Commissioner on or before May 1 of each year
an annual statement containing such information as the Commissioner may prescribe by
rule or regulation in addition to any other requirements for any policy settled within five
years of policy issuance. In addition to any other requirements, the annual statement shall
specify the total number, aggregate face amount, and life settlement proceeds of policies
settled during the immediately preceding calendar year, together with a breakdown of the
information by policy issue year. The annual statement shall also include the names of
the insurance companies whose policies have been settled and the life settlement brokers
that have settled said policies.
(2) Such information shall be limited to only those transactions where the insured is a
resident of this state and shall not include individual transaction data regarding the
business of life settlements or information that there is a reasonable basis to believe could
be used to identify the owner or the insured.
(3) Every provider that willfully fails to file an annual statement as required in by this
Code section or willfully fails to reply within 30 days to a written inquiry by the
Commissioner in connection therewith, shall, in addition to other penalties provided by
this chapter, be subject, upon due notice and opportunity to be heard, to a penalty of up
to $250.00 $500.00 per day of delay, not to exceed $25,000.00 $50,000.00 in the
aggregate, for each such failure."
SECTION 11-25.
Said title is further amended in said chapter by revising subsections (b) and (c) of Code
Section 33-59-16, relating to fraudulent life settlement acts prohibited, criminal and civil
penalties, and revocation of license, as follows:
"(b) For criminal liability purposes, a person that commits a fraudulent life settlement act
shall be guilty of committing insurance fraud and shall be guilty of a felony and, upon
conviction, shall be punished by imprisonment for not less than two nor more than ten
years, or by a fine of not more than $10,000.00 $20,000.00, or both.
(c) The Commissioner shall be empowered to levy a civil penalty:
(1) Not exceeding $1,000.00 $2,000.00 for each and every act in violation of this chapter
or, if the person knew or reasonably should have known the acts that he or she committed
were in violation of this chapter, the monetary penalty provided for in this subsection
may be increased to an amount up to $5,000.00 $10,000.00 for each and every act in
violation; and
(2) The amount of the claim for each violation upon any person, including those persons
and their employees licensed pursuant to this chapter, who is found to have committed
a fraudulent life settlement act or violated any other provision of this chapter."
SECTION 11-26.
Said title is further amended in Chapter 63, relating to guaranteed asset protection waivers,
by revising Code Section 33-63-9, relating to Commissioner to enforce provisions and
penalty for violations, as follows:
"33-63-9.
The Commissioner may take action which is necessary or appropriate to enforce the
provisions of this chapter and to protect guaranteed asset protection waiver holders in this
state. After proper notice and opportunity for hearing, the Commissioner may:
(1) Order the creditor, administrator, or any other person not in compliance with this
chapter to cease and desist from further guaranteed asset protection waiver related
operations which are in violation of this chapter; and
(2) Impose a penalty of not more than $500.00 $1,000.00 per violation and not more than
$10,000.00 $20,000.00 in the aggregate for all violations of a similar nature. For
purposes of this paragraph, violations must shall be of a similar nature if the violation
consists of the same or similar course of conduct, action, or practice, irrespective of the
number of times the conduct, action, or practice which is determined to be a violation of
this chapter occurred."
SECTION 11-27.
Said title is further amended in Chapter 64, relating to regulation and licensure of pharmacy
benefits managers, by revising subsections (i) and (k) of Code Section 33-64-2, relating to
license requirements and filing fees, as follows:
"(i) In addition to all other penalties provided for under this title, the Commissioner shall
have the authority to assess a monetary penalty against any person, business entity, or other
entity acting as a pharmacy benefits manager without a license of up to $2,000.00
$4,000.00 for each transaction in violation of this chapter, unless such person, business
entity, or other entity knew or reasonably should have known it was in violation of this
chapter, in which case the monetary penalty provided for in this subsection may be
increased to an amount of up to $10,000.00 $20,000.00 for each and every act in violation."
"(k) In addition to all other penalties provided for under this title, the Commissioner shall
have the authority to place any pharmacy benefits manager on probation for a period of
time not to exceed one year for each and every act in violation of this chapter and shall
subject such pharmacy benefits manager to a monetary penalty of up to $2,000.00
$4,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits
manager knew or reasonably should have known he or she was in violation of this chapter,
in which case the monetary penalty provided for in this subsection shall be increased to an
amount of up to $10,000.00 $20,000.00 for each and every act in violation. In the event
a pharmacy benefits manager violates any provision of this chapter while on probation, the
Commissioner shall have the authority to suspend the such pharmacy benefits manager's
license. For purposes of this subsection, a violation shall be considered to have occurred
each time an act in violation of this chapter is committed."
SECTION 11-28.
Said title is further amended in Chapter 65, relating to the "Corporate Governance Annual
Disclosure Act," by revising Code Section 33-65-8, relating to failure to file corporate
governance annual disclosures and penalty, as follows:
"33-65-8.
Any insurer failing, without just cause, to timely file the corporate governance annual
disclosure as required in this chapter shall be required, after notice and hearing, to pay a
penalty of $100.00 $200.00 for each day's delay, to be recovered by the Commissioner, and
the penalty so recovered shall be paid into the general fund of the state treasury. The
maximum penalty under this Code section is $10,000.00 $20,000.00. The Commissioner
may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition
of the penalty would constitute a financial hardship to the such insurer."
PART XII
Rental home marketplace guarantees
SECTION 12-1.
Title 33 of the Official Code of Georgia Annotated, relating insurance, is amended in Code
Section 33-7-6, relating to property insurance, contract requirements, rules and regulations,
and exemptions, by adding a new subsection to read as follows:
"(g)(1) Property insurance does not include rental home marketplace guarantees,
provided that a person, firm, or corporation providing and administering such rental home
marketplace guarantees:
(A) Insures rental home marketplace guarantees under a reimbursement insurance
policy issued and underwritten by an insurer authorized to transact insurance in this
state or a surplus lines insurer, pursuant to which the insurer agrees, for the benefit of
rental home marketplace guarantee beneficiaries, to discharge all of the obligations and
liabilities of the provider of the rental home marketplace guarantee under the terms of
the rental home marketplace guarantee in the event of nonperformance by such
provider;
(B) Includes a statement in substantially the following form: 'This agreement is not an
insurance contract' within the rental home marketplace guarantee terms;
(C) Clearly specifies the terms and any limitations, exceptions, or exclusions within
the rental home marketplace guarantee terms; and
(D) Complies with any registration requirement prescribed by the Commissioner
through regulation.
(2) As used in this subsection, the term 'rental home marketplace' means a person, firm
or corporation that:
(A) Provides an online application, software, website, system, or other medium
through which a property is advertised or is offered to the public as available in this
state and that connects platform users to enable them to share property;
(B) Provides, directly or indirectly, or maintains a platform for services by transmitting
or otherwise communicating the offer or acceptance of a transaction between two
platform users or owning or operating the electronic infrastructure or technology that
brings two or more platform users together;
(C) Engages in the sale or offering of a rental home marketplace guarantee only in a
manner that is ancillary to the conduct of its primary legitimate business or activity; and
(D) Is not a local or state governmental entity or vendor.
(3) As used in this subsection, the term 'rental home marketplace guarantee' means a
contract or agreement issued in connection with a rental home marketplace, whether or
not for a separate consideration, to reimburse a user sharing property for any damages for
which the renter is responsible under the rental home marketplace's terms of service, with
or without an additional provision for incidental payment of indemnity.
(4) As used in this subsection, the term 'provider' means:
(A) A rental home marketplace; or
(B) An affiliate or representative of a rental home marketplace who issues or offers as
well as administers, either directly or through a third party, a rental home marketplace
guarantee.
(5) In accordance with this subsection, a rental home marketplace guarantee as described
herein shall not constitute any other kind of insurance described in this chapter or
elsewhere in law."
PART XIII
Judicial sales and clear title
SECTION 13-1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in
Part 2 of Article 7 of Chapter 13, relating to conduct and effect relative to judicial sales, by
revising Code Section 9-13-166, relating to form of tender, as follows:
"9-13-166.
Purchasers at judicial sales need not tender cash but, as an alternative, may tender a
cashier's or certified check or certified funds which is drawn for the amount of the purchase
price and which is issued by or certified by any financial institution insured by the Federal
Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or the
Federal Savings and Loan Insurance Corporation; provided, however, that the holder of the
security instrument being foreclosed or its designated representative shall be authorized to
submit a credit bid for the purchase price in lieu of cash, a cashier's check, or certified
funds."
PART XIV
Personally identifiable information
SECTION 14-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article
8 of Chapter 5, relating to protection of personally identifiable data of judges and spouses,
by revising Code Section 15-5-110, relating to definitions, as follows:
"15-5-110.
As used in this article, the term:
(1) 'Personally identifiable information' means any personal phone number, each home
address, or property or tax records the parcel number of each such address, and each
personal telephone number of a protected person.
(2) 'Protected person' means any current or former:
(A) Current or former judge Judge or justice of this state and his or her spouse;
(B) Current or former judge Judge of any county or municipality of this state and his
or her spouse; and
1000 (C) Current or former judge Judge or justice of the United States and his or her spouse;
1001 and
1002 (D) Spouse of any person who qualifies as a protected person under subparagraph (A),
1003 (B), or (C) of this paragraph.
1004 (3) 'Publicly available content' means any written or electronic document or record that
1005 provides information or that serves as a document or record maintained, controlled, or in
1006 the possession of a state or local government entity that may be obtained by any person
1007 from the state or local government entity's public website or from such state or local
1008 government agency upon request whether free of charge or for a fee.
1009 (4) 'State or local government entity' means any:
1010 (A) Agency of the executive branch of this state; or
1011 (B) Any county County or municipality of this state, including, but not limited to, any
1012 county or municipal court clerk's office, board of elections, board of tax assessors, or
1013 board of ethics."
1014 SECTION 14-2.
1015 Said title is further amended in said article by revising Code Section 15-5-112, relating to
1016 restriction of judicial personally identifiable information from public disclosure and
1017 enforcement, as follows:
1018 "15-5-112.
1019 (a) As used in this Code section, the term 'restrict from public disclosure' means to conceal
1020 from a copy of an original public record or to conceal from an electronic image available
1021 for public viewing the personally identifiable information of a protected person contained
1022 within such record or image.
1023 (b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,
1024 a state or local government entity shall restrict from public disclosure any personally
1025 identifiable information that specifically identifies a protected person as a judge, justice,
1026 or spouse thereof. The provisions of this subsection shall include, but shall not be limited
1027 to, records or filings in the office of the Secretary of State and the State Ethics
1028 Commission.
1029 (b)(c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,
1030 a state or local government entity that possesses records, filings, or other publicly available
1031 content that does not specifically identify a person as a judge, justice, or spouse thereof but
1032 that includes personally identifiable information of such a protected person shall, upon
1033 request of the protected person, restrict from public disclosure any personally identifiable
1034 information. A protected person may request that his or her personally identifiable
1035 information be restricted from public disclosure pursuant to this subsection by submitting
1036 a request in writing to the state or local government entity on the form provided for in Code
1037 Section 15-5-111. A state or local government entity receiving such request shall restrict
1038 from public disclosure the personally identifiable information within 30 days of receiving
1039 a valid request and shall reflect on any official records index entries affected under this
1040 Code section, including, but not limited to, any indices related to the recordation of any
1041 instrument or document regarding the conveyance of real property, that personally
1042 identifiable information contained within the record has been restricted from public
1043 disclosure pursuant to this Code section.
1044 (c)(d) Any protected person may bring an action in a court of competent jurisdiction
1045 against any officer or employee of the state or local government entity in his or her
1046 individual capacity for failure to comply with subsection (a) or (b) or (c) of this Code
1047 section. Any relief granted by such action shall be limited to injunctive relief.
1048 (e) Any protected person may request access to information restricted from public
1049 disclosure within publicly available content maintained by a state or local government
1050 entity by submitting to such entity a signed authorization form developed by the
1051 Administrative Office of the Courts. Upon receipt of such signed authorization form, the
1052 state or local government entity shall provide the authorized protected person access to an
1053 unrestricted copy of the documents listed in such signed authorization form.
1054 (f) Any protected person may authorize a third-party individual or entity to access
1055 information restricted from public disclosure within publicly available content maintained
1056 by a state or local government entity by submitting to such entity a signed authorization
1057 form developed by the Administrative Office of the Courts. Upon receipt of such signed
1058 authorization form, the state or local government entity shall provide the authorized
1059 third-party individual or entity access to an unrestricted copy of the documents listed in
1060 such signed authorization form.
1061 (g) A protected person, or his or her attorney in fact or legal representative acting on
1062 behalf of such protected person, may submit a written request to release the restriction on
1063 publication of such protected person's personally identifiable information. Within 45 days
1064 of receipt of a request under this subsection, the state or local government entity shall
1065 remove such restriction.
1066 (h) Upon proof of death of a protected person, as verified by a certified copy of a death
1067 certificate, the attorney in fact or legal representative of the deceased protected person may
1068 request a state or local government entity to release the restriction on publication of such
1069 protected person's personally identifiable information unless such release is otherwise
1070 prohibited by statute or court order. Such written request shall include a certified copy of
1071 the protected person's death certificate.
1072 (i) Any person making a false attestation under this Code section is subject to the penalty
1073 of perjury under Code Section 16-10-70.
1074 (j) The provisions of this Code section shall not prohibit any county clerk, register of
1075 deeds, tax assessor, treasurer, or any other state or local government office or agency from
1076 providing unrestricted copies of recorded instruments affecting title to real property or
1077 property tax records that contain protected personally identifiable information to:
1078 (1) A title insurer or title insurance agent;
1079 (2) A licensed attorney representing such title insurer or title insurance agent; or
1080 (3) An agent of such a licensed attorney,
1081 in furtherance of providing title insurance, as described in Code Section 33-7-8, provided
1082 that such insurer, agent, attorney, or attorney's agent makes an affirmative representation
1083 that they are seeking such information in furtherance of providing title insurance."
1084 PART XV
1085 Special master qualifications in quia timet proceedings
1086 SECTION 15-1.
1087 Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in Part 2
1088 of Article 3 of Chapter 3, relating to quia timet against all the world, by revising Code
1089 Section 23-3-63, relating to submission to special master, as follows:
1090 "23-3-63.
1091 The court, upon receipt of the petition together with the plat and instruments filed
1092 therewith, shall submit the same to a special master who shall:
1093 (1) Be an individual be a person who is authorized to practice law in this state and;
1094 (2) Be is a resident of the judicial circuit of the United States wherein the action is
1095 brought;
1096 (3) Be a citizen of this state for not less than three years; and
1097 (4) Have not less than five years of experience litigating or providing opinions on title
1098 to land in this state."
1099 PART XVI
1100 Effective dates, applicability, and repealer
1101 SECTION 16-1.
1102 (a) This Act shall become effective on January 1, 2027, and shall apply to all applicable
1103 policies, contracts, and certificates executed, delivered, issued for delivery, or renewed in this
1104 state on or after such date.
1105 (b) This Act shall be applicable to all taxable years beginning on or after January 1, 2027.
1106 SECTION 16-2.
1107 All laws and parts of laws in conflict with this Act are repealed.