HB1344: HB1344 Georgia Insurance Affordability and Claims Integrity Act; enact

26 HB 1344/AP 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 to1 civil practice, courts, equity, insurance, and motor vehicles and traffic, respectively, so as to2 establish certain protections for individuals, titles, and properties, provide for risk mitigation3 against loss, and strengthen the enforcement authority of the Commissioner of Insurance; to4 provide for the submission of information on suspected insuranc e fraud; to provide for5 certain entities to pay into the Special Insurance Fraud Fund; to authorize the Commissioner6 to use such funds to employ prosecuting attorneys for the prosecution of insurance fraud; to7 prohibit the solicitation, release, or sale of automobile accident information; to provide for8 the recruitment of insurers to this state; to provide for violation and punishment; to provide9 for the retention of insurers in this state; to provide for tim ely claims processing after a10 catastrophic event; to provide for reporting the use of premium tax funds; to provide for11 refunds and credits; to provide for homeowner protections with regard to insurance12 companies' use of aerial or satellite images; to provide for definitions; to provide for certain13 procedures; to require that homeowners be allowed 60 days to co rrect; to provide for14 applicability; to provide for rules and regulations; to provide for contractual limitations; to15 provide for exemptions; to provide for storm damage mitigation through the Georgia Storm16 Mitigation Program; to provide for funding; to provide for matching and nonmatching grants;17 to provide for eligibility; to provide for mitigation contractors; to provide for increased fees18 H. B. 1344 - 1 - 26 HB 1344/AP for driving without minimum motor vehicle insurance coverage; to increase the amount of19 certain monetary penalties; to provide for rental home marketplace guarantees to be excluded20 from the definition of property insurance; to revise provisions for judicial sales relative to21 acceptable tenders by purchasers; to permit certain purchasers to submit credit bids; to22 provide for the protection of personally identifiable data of judges and spouses; to provide23 for the restriction from disclosure of certain information; to provide for authorized release24 of certain restricted information; to provide penalties; to provide for construction; to provide25 for the qualification of special masters in certain quiet title actions; to provide for definitions;26 to provide for related matters; to provide for short titles; to provide for legislative purposes;27 to provide for an effective date and applicability; to repeal c onflicting laws; and for other28 purposes.29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:30 PART I31 Short title and legislative purposes32 SECTION 1-1.33 This Act shall be known and may be cited as the "Georgia Insura nce Affordability and34 Claims Integrity Act."35 SECTION 1-2.36 (a) The purposes of this Act are to ensure that Georgia consumers, including businesses and37 individuals, have access to:38 (1) Affordable quality insurance coverage without being subjec ted to unjustified rate39 hikes or unfair business practices; and40 H. B. 1344 - 2 - 26 HB 1344/AP (2) Fair and transparent insurance policies under which claims a r e p r o c e s s e d41 expeditiously and in compliance with policy provisions and federal and state law.42 (b) These purposes shall be accomplished by enhancing the Comm issioner of Insurance's43 authority; providing homeowner protections with regard to insurance companies' use of aerial44 or satellite images; clarifying the regulation of insurance fra ud, uninsured motorists,45 premium tax, insurance rates, and claims processing; exempting rental home marketplace46 guarantees from the definition of property insurance; encouraging cooperation among state47 agencies; and protecting personally identifiable information of current and former judges and48 their spouses.49 PART II50 Insurance fraud51 SECTION 2-1.52 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in53 Chapter 1, relating to general provisions, by revising subsection (f) of Code Section 33-1-16,54 relating to investigation of fraudulent insurance act, collection of evidence, immunity from55 liability, public inspection, and enforcement, as follows:56 "(f) Any person, other than an insurer, agent, or other person licensed under this title, or57 an employee thereof, having knowledge of or who believes that a fraudulent insurance act58 is being or has been committed may send to the Commissioner a r eport of information59 pertinent to such knowledge of or belief and such additional information relative thereto60 as the Commissioner may request. Any insurer, agent, or other person licensed under this61 title, or an employee thereof, having knowledge of or who belie ves that a fraudulent62 insurance act is being or has been committed shall send to the Commissioner a report or63 information pertinent to such knowledge or belief and such additional information relative64 thereto as the Commissioner or his or her employees or agents may require. Any insurer65 H. B. 1344 - 3 - 26 HB 1344/AP that conducts an independent investigation of suspected insuran ce fraud shall not be66 required to complete such investigation before sending informat ion pertinent to such67 investigation to the Commissioner. The Commissioner or his or her employees or agents68 shall review such information or reports as, in the judgment of the Commissioner or such69 employees or agents, may require further investigation. The Co mmissioner shall then70 cause an investigation of the facts surrounding such informatio n or report to be made to71 determine the extent, if any, to which a fraudulent insurance a ct is being committed and72 shall report any alleged violations of law which the investigat ions disclose to the73 appropriate prosecuting attorney having jurisdiction with respect to any such violation. If74 prosecution by the prosecuting attorney is not begun within 90 days of the report, the75 prosecuting attorney shall inform the Commissioner of the reaso n s f o r t h e l a c k o f76 prosecution."77 SECTION 2-2.78 Said title is further amended in said chapter by revising subse ction (c) of Code Section79 33-1-17, relating to Special Insurance Fraud Fund, as follows:80 "(c)(1) The Commissioner shall prepare, on an annual basis, a separate budget request81 to the General Assembly which sets forth the anticipated cost and expense of funding the82 investigation and prosecution of insurance fraud in this state for the ensuing 12 months. 83 Such budget request shall set forth the annual cost and expense of the investigation and84 prosecution of insurance fraud in Georgia this state for the preceding 12 months.85 (2) There is imposed upon each foreign, alien, and domestic insurance company doing86 business in the state an annual assessment under a formula to be established by regulation87 promulgated by the Commissioner. The formula shall be calculated such that the total88 proceeds paid or collected from such assessments for any year s hall not exceed the89 amounts appropriated by the General Assembly pursuant to paragr aph (3) of this90 subsection, which appropriation shall be based upon the budget request setting forth the91 H. B. 1344 - 4 - 26 HB 1344/AP applicable annual cost and expense of the investigation and pro secution of insurance92 fraud in Georgia this state submitted by the Commissioner. Such assessments may be93 measured by kind of company, kind of insurance, income, volume of transactions, or such94 other factors as the Commissioner determines deems appropriate. Assessments based on95 the annual appropriation shall be due on September 1 of the year of the assessment. Any96 insurance company which fails to report and pay any such assessment shall be subject to97 penalties and interest as provided by subsection (d) of Code Se ction 33-8-6. The98 Commissioner shall provide by regulation for such other terms a nd conditions for the99 payment or collection of such assessments as may be necessary t o ensure the proper100 payment and collection thereof. Notwithstanding the foregoing, the provisions of this101 Code section shall not apply to an agency captive insurance com pany, any certified102 dormant captive insurance company. Any agency captive insurance company, industrial103 insured captive insurance company, sponsored captive insurance company (including a104 protected cell thereof), or pure captive insurance company. Foreign and shall pay a fixed105 amount of $100.00 per year into the Special Insurance Fraud Fun d, and any foreign or106 alien captive insurance companies company doing business in Georgia this state shall,107 however, pay a fixed amount of $100.00 $200.00 per year into the Special Insurance108 Fraud Fund, without regard to the amount of the Georgia premium written by such109 foreign or alien captive insurance company . No additional amount shall be assessed110 against the foreign or alien any captive insurance company for the purpose of funding the111 investigation and prosecution of insurance fraud.112 (3) The General Assembly may appropriate funds to the department for the investigation113 of insurance fraud and for the funding of the prosecution of insurance fraud. The114 Commissioner is authorized to use such funds for the investigation of insurance fraud and115 to reimburse prosecuting attorneys for some or all of the costs of retaining assistant116 prosecuting attorneys to prosecute insurance fraud cases. The Commissioner is further117 authorized to use such funds to employ prosecuting attorneys fo r the prosecution of118 H. B. 1344 - 5 - 26 HB 1344/AP insurance fraud, which the district attorney in each judicial c ircuit may appoint in the119 manner as provided in Code Section 15-18-20. The Commissioner shall provide by120 regulation for such other terms and conditions for the use of t he funds for the121 investigation, reimbursement, and prosecution contemplated by t he terms of this122 paragraph."123 SECTION 2-3.124 Said title is further amended in said chapter by adding a new Code section to read as follows:125 "33-1-9.2.126 (a) As used in this Code section, the term:127 (1) 'Capper,' 'runner,' or 'steerer' means a person who receives a pecuniary benefit from128 a practitioner or healthcare service provider, whether directly or indirectly, to solicit,129 procure, or attempt to procure a client, patient, or customer at the direction or request of,130 or in cooperation with, a practitioner or healthcare service provider whose purpose is to131 obtain benefits under a contract of insurance or to assert a claim against an insured or an132 insurer for providing services to the client, patient, or custo mer. Such terms shall not133 include:134 (A) Any insurance company or agent or employee thereof that pr ovides referrals or135 recommendations to its insureds; or136 (B) A practitioner or healthcare service provider that procure s clients, patients, or137 customers through the use of public media or by referrals or re commendations from138 other practitioners or healthcare service providers.139 (2) 'Practitioner' means an attorney, healthcare professional, owner or partial owner of140 a healthcare practice or facility, or any person employed or acting on behalf of any of the141 individuals listed in this paragraph.142 (3) 'Public media' means telephone directories, professional directories, newspapers and143 other periodicals, radio and television, billboards, and mailed or electronically transmitted144 H. B. 1344 - 6 - 26 HB 1344/AP written communications that do not involve in-person contact with a specific prospective145 client, patient, or customer.146 (b) Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72,147 it is unlawful for any person in an individual capacity or in a capacity as a law enforcement148 officer, law enforcement records staff member, wrecker services staff member, emergency149 staff member, physician, hospital employee, or attorney to soli cit, release, or sell any150 information relating to the parties of a motor vehicle collision for personal financial gain.151 This subsection shall not apply to public media advertisement and solicitation.152 (c) It is unlawful for:153 (1) Any person in an individual capacity or in a capacity as a public or private employee154 or any firm, corporation, partnership, or association to act as a capper, runner, or steerer155 for any practitioner or healthcare service provider. This paragraph shall not prohibit an156 attorney or healthcare provider from making a referral and receiving compensation as is157 permitted under applicable professional rules of conduct; and158 (2) Any practitioner or healthcare service provider to compens ate or give anything of159 value to a person acting as a capper, runner, or steerer. It is also unlawful for any capper,160 runner, or steerer to recommend or secure a practitioner's or healthcare service provider's161 employment by a client, patient, or customer if such practition er or healthcare service162 provider obtains or intends to obtain benefits under a contract of insurance or asserts a163 claim against an insured or an insurer for providing services t o the client, patient, or164 customer.165 (d) Any person convicted of a violation of this Code section shall be guilty of a felony and,166 upon conviction thereof, shall be punished by imprisonment of not more than ten years and167 by a fine of not more than $200,000.00 per violation."168 H. B. 1344 - 7 - 26 HB 1344/AP SECTION 2-4.169 Said title is further amended in Chapter 24, relating to insurance generally, by repealing and170 reserving Code Section 33-24-53, relating to solicitation, rele ase, or sale of automobile171 accident information prohibited, definitions, exceptions, and penalties. 172 PART III173 Recruitment and retention of insurers174 SECTION 3-1.175 Said title is further amended in Chapter 1, relating to general provisions, by adding a new176 Code section to read as follows:177 "33-1-28.178 The Commissioner, in coordination with the Department of Econom ic Development, is179 authorized to pursue the recruitment and retention of insurers to keep or change domiciles180 in or to this state and to locate local, regional, national, and international headquarters and181 major offices in this state."182 PART IV183 Timely claims processing and payment184 SECTION 4-1.185 Title 33 of the Official Code of Georgia Annotated is further amended in Chapter 3, relating186 to authorization and general requirements for transaction of insurance, by adding a new Code187 section to read as follows:188 "33-3-28.1.189 (a) As used in this Code section, the term 'catastrophic event ' means a major natural or190 human caused event, including, but not limited to, windstorms, cyclones, earthquakes,191 H. B. 1344 - 8 - 26 HB 1344/AP hurricanes, ice storms, tornadoes, high winds, floods, hail sto rms, or any other weather192 events or occurrences, provided that any such event or occurrence has been declared as a193 disaster or emergency by the President of the United States or the Governor.194 (b) After a catastrophic event occurs in this state, the Commi ssioner is authorized to195 extend the time period during which insurers require receipt of claims from insureds when,196 at the sole determination of the Commissioner, a lack of qualified resources are available197 for insureds to file an accurate claim.198 (c) After a catastrophic event occurs in this state, the Commissioner is authorized to issue199 a directive requiring every insurer to comply with the following requirements relating to200 processing property claims arising from the catastrophic event:201 (1) Within 15 calendar days of receiving notification of a cla im, the insurer shall202 acknowledge the claim and provide necessary claims forms and reasonable instructions203 to the insured. Notification of a claim provided to an insurer 's agent shall constitute204 notification to the insurer. Acknowledgment of the claim made by any means other than205 writing shall be noted and dated in the insurer's claim file on the insured. Payment within206 15 calendar days of receiving notification of a claim shall satisfy the requirements of this207 paragraph;208 (2) The insurer shall affirm or deny liability on claims for l osses arising from209 catastrophic events within 15 calendar days of receiving the completed proof of loss from210 the insured under a motor vehicle policy and within 60 calendar days of receiving the211 completed proof of loss from the insured under all other property insurance policies. If212 the insurer does not require proof of loss to be completed, a coverage investigation shall213 take place within 30 calendar days from the day notification the claim was received;214 (3) Payment shall be tendered to the insured within ten calendar days after coverage is215 accepted and the full amount of the claim is determined and not in dispute. In claims216 where multiple coverages are involved, payment for individual coverages that are not in217 H. B. 1344 - 9 - 26 HB 1344/AP dispute shall be tendered within ten calendar days after covera ge is confirmed if such218 payment would terminate the insurer's known liability under that individual coverage;219 (4) If the insurer needs more time than specified in paragraph (3) of this subsection to220 determine liability, such insurer shall notify the claimant within five business days after221 the time limitation has elapsed that more time is needed, the reason more time is needed,222 and an estimate of additional time needed to establish liability. Notification by any other223 means than writing shall be noted and dated in the insurer's claim file on the insured; and224 (5) The total time the insurer has to affirm or deny liability shall not exceed 60 days from225 the time the insurer is notified of the claim, unless the insur er has documented in the226 claim file that reasonable and necessary information to determi ne liability has been227 requested and not been provided by the insured."228 PART V229 Reporting use of insurance premium tax230 SECTION 5-1.231 Title 33 of the Official Code of Georgia Annotated is further amended in Chapter 8, relating232 to fees and taxes, in Code Section 33-8-8.2, relating to county and municipal corporation233 taxes on other than life insurance companies, by adding a new subsection to read as follows:234 "(f) On or before January 1, 2027, and annually thereafter, any county or municipal235 corporation receiving allocated taxes collected pursuant to this Code section shall file with236 the Commissioner an annual report on a form prescribed by the C ommissioner237 demonstrating how funds were expended for purposes authorized b y law or, as an238 alternative for a county, a copy of the budget report required of counties pursuant to Code239 Section 33-8-8.3."240 H. B. 1344 - 10 - 26 HB 1344/AP PART VI241 Refunds and credits242 SECTION 6-1.243 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in244 Chapter 8, relating to fees and taxes regarding insurance, by revising Code Section 33-8-9,245 relating to granting of refunds and credits by Commissioner, as follows:246 "33-8-9.247 Refunds and credits of license fees and taxes levied by this ch apter shall be made by the248 Commissioner in accordance with the provisions of Code Sections 33-2-29 through249 33-2-31; provided, however, that any claim for a refund of a fe e or tax erroneously or250 illegally assessed and collected under this chapter shall be made by the insurer in writing251 within three years after the date of payment of such fee or tax to the Commissioner."252 PART VII253 Insurer use of aerial images254 SECTION 7-1.255 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in256 Chapter 9, relating to regulation of rates, underwriting rules, and related organizations, by257 adding a new Code section to read as follows:258 "33-9-45.259 (a) As used in this Code section, the term:260 (1) 'Admitted insurer' means an insurance company authorized o r licensed to transact261 insurance business within this state.262 (2) 'Adverse underwriting decision' means a cancellation or no nrenewal of an owner263 occupied residential property insurance coverage in which the basis for such cancellation264 H. B. 1344 - 11 - 26 HB 1344/AP or nonrenewal relies on the use of aerial images. Such term does not mean placement of265 coverage with an insurer that is not an admitted insurer or wit h the Fair Access to266 Insurance Requirements Plan described in Chapter 33 of this title.267 (3) 'Aerial images' means photographs or other images, except for satellite images, of a268 named insured's owner occupied residential property captured fr om an aircraft, drone,269 balloon, or unmanned aerial system.270 (4) 'Nonrenewal' means a refusal by an insurer or an affiliate of an insurer to renew. 271 Failure of an insured to pay the premium as required of the insured for renewal, a change272 in policy terms, or a reduction in coverage after the insurer has manifested a willingness273 to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal274 to the named insured or his or her representative or has offered to issue a renewal policy,275 certificate, or other evidence of renewal or has manifested suc h intention by any other276 means shall not be considered a nonrenewal.277 (5) Owner-occupied residential property means a home where the title holder lives as his278 or her primary residence.279 (6)(A) 'Renewal' means:280 (i) Issuance and delivery by an insurer or an affiliate of suc h insurer of a policy281 superseding at the end of the policy period or term a policy pr eviously issued and282 delivered by the same insurer;283 (ii) Issuance and delivery of a certificate or notice extendin g the term of a policy284 beyond its policy period or term; or285 (iii) The extension of the term of a policy beyond its policy period or term pursuant286 to a provision for extending the policy by payment of a continuation premium.287 (B) Any policy with a policy period or term of less than six months shall be considered288 to have successive policy periods or terms ending each six months following its original289 date of issuance and, regardless of its wording, any interim termination by its terms or290 by refusal to accept premiums shall be a cancellation. Any policy written for a period291 H. B. 1344 - 12 - 26 HB 1344/AP or term longer than one year or any policy with no fixed expira tion date shall be292 considered as if written for successive policy periods or terms of one year and any293 termination by an insurer effective on an anniversary date of s uch policy shall be294 deemed a refusal to renew.295 (7) 'Residential property' means real property occupied as the primary residence of a296 natural person.297 (8) 'Satellite images' means images of a named insured's owner occupied residential298 property captured from a satellite.299 (9)(A) 'Unmanned aerial system' means a powered, aerial vehicle that:300 (i) Does not carry a human operator and is operated without the possibility of direct301 human intervention from within or on the vehicle;302 (ii) Uses aerodynamic forces to provide vehicle lift;303 (iii) Can fly autonomously or be piloted remotely;304 (iv) Can be expendable or recoverable; and305 (v) Has the ability to photograph.306 (B) Such term does not include a satellite.307 (b) When utilizing aerial images or satellite images produced by an unmanned aerial308 system or satellite as a basis for the cancellation or nonrenew al of the insurance on an 309 owner occupied residential property, an admitted insurer shall:310 (1) Ensure that the notice of an adverse underwriting decision by the insurer includes311 copies, or instructions as to how to access copies, of the date stamped aerial images or312 satellite images used as the basis of the adverse underwriting decision and a description313 of the steps the owner occupied residential property owner may take to reverse the314 insurer's adverse underwriting decision on such owner's property, including the specific315 standards that any repairs must adhere to. Such aerial images and satellite images shall316 have been taken within 12 months of the issuance of the adverse underwriting decision;317 H. B. 1344 - 13 - 26 HB 1344/AP (2) Establish a point of contact at the insurer and a process for currently insured property318 owners to provide documentation of completion of the required w ork that the insurer319 communicates to the property owner under paragraph (1) of this subsection. Such320 documentation shall be used by the insurer in considering whether to uphold or reverse321 the adverse underwriting decision. Except in circumstances as shall be described in rules322 and regulations which shall be promulgated by the Commissioner, any images submitted323 by the property owner to the insurer shall be of equal or greater resolution and quality as324 the aerial images or satellite images otherwise being relied upon by the insurer to make325 the adverse underwriting decision;326 (3) Establish an appeal process so that the property owner may correct any errors or327 misunderstandings related to the adverse underwriting decision;328 (4) Provide the currently insured property owner a minimum of 60 days to cure the329 condition or conditions underlying an adverse underwriting deci sion from the date the330 insurer identifies the specific condition or conditions, even if the date to cure exceeds the331 nonrenewal notice period provided for in Code Section 33-24-46. An insurer shall have332 the right to assess the work used to correct the condition or conditions to ensure that such333 condition or conditions have been corrected in a manner that me ets the standards334 originally communicated by the insurer under paragraph (1) of this subsection; and335 (5) Offer a renewal policy or rescission of the insurer's adverse underwriting decision to336 a property owner who submits proof that he or she has cured the condition or conditions337 identified in paragraph (1) of this subsection.338 (c) This Code section is applicable to the Fair Access to Insu rance Requirements Plan339 described in Chapter 33 of this title, as such plan relates to residential properties.340 (d) The Commissioner shall promulgate rules and regulations to enforce this Code section341 which shall determine the method or methods by which owner occu pied residential342 property owners shall submit proof of the correction of the con dition or conditions343 identified in paragraph (1) of subsection (b) of this Code section and set forth the minimum344 H. B. 1344 - 14 - 26 HB 1344/AP and maximum resolution of the aerial images or satellite images that may be required345 related to such proof."346 PART VIII347 Contractual limitations348 SECTION 8-1.349 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in350 Chapter 24, relating to insurance generally, by repealing and r eserving Code Section351 33-24-53, relating to solicitation, release, or sale of automob ile accident information352 prohibited, definitions, exceptions, and penalties.353 SECTION 8-2.354 Said title is further amended in said chapter by adding a new Code section to read as follows:355 "33-24-59.37.356 (a) No property, casualty, credit, marine and transportation, or vehicle insurance policy357 providing first-party insurance coverage for loss or damage to any type of real or personal358 property in this state, or any related contract or instrument to such policy, shall contain a359 contractual limitation requiring commencement of any suit or ac tion within a specified360 period of time of less than two years from the date of loss; pr ovided, however, that such361 limitation shall apply only to the portion or portions of such policies providing first-party362 property insurance coverage. This subsection shall apply to al l such policies issued,363 delivered, issued for delivery, or renewed in this state on and after July 1, 2027.364 (b) Liability coverage and workers' compensation coverage are expressly exempted from365 the requirements of subsection (a) of this Code section."366 H. B. 1344 - 15 - 26 HB 1344/AP PART IX367 Georgia Storm Damage Mitigation Program368 SECTION 9-1.369 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in370 Chapter 32, relating to property insurance, by adding a new article to read as follows:371 "ARTICLE 3372 33-32-20.373 This article shall be known and may be cited as the 'Georgia St orm Damage Mitigation374 Program Act.'375 33-32-21.376 As used in this article, the term:377 (1) 'Program' means the Georgia Storm Damage Mitigation Program.378 (2) 'Residential property' means real property used or occupied as the primary residence379 of a natural person.380 33-32-22.381 (a) There is established the Georgia Storm Damage Mitigation P rogram within the382 department for the purpose of reducing the financial impact of property insurance claims383 in this state by mitigating losses and lowering repair costs th rough a comprehensive and384 coordinated approach to remedy damages due to tornadoes, hurricanes, and windstorms.385 (b) The Commissioner shall administer the program and is authorized to appoint a program386 administrator.387 H. B. 1344 - 16 - 26 HB 1344/AP (c) The program shall not create an entitlement for residential property owners or obligate388 the state in any way to fund the inspection or retrofitting of residential property.389 33-32-23.390 (a) Implementation of the Georgia Storm Damage Mitigation Prog r a m i s s u b j e c t t o391 sufficient funds provided through annual legislative appropriat ions and other funds as392 provided for in this Code section.393 (b) The program shall be funded through the use of all premium taxes collected from the394 underwriting association established pursuant to Chapter 33 of this title and through395 one-tenth of 1 percent of state insurance premium taxes collected annually and remitted to396 the department pursuant to Code Section 33-8-4.397 (c) The Commissioner or the program administrator is authorize d to solicit and accept398 federal funding in support of the program as well as private funding, public grants, in-kind399 gifts, or any other funding or donations from individuals, priv ate organizations, or400 foundations.401 33-32-24.402 (a) The department is authorized to award grants under the pro gram subject to the403 availability of funds.404 (b) Grants may be used for the following improvements to residential property:405 (1) Roof deck attachments;406 (2) Secondary water barriers;407 (3) Roof coverings;408 (4) Brace gable ends;409 (5) Reinforcement of roof-to-wall connections;410 (6) Opening protections;411 (7) Exterior doors, including, but not limited to, garage doors;412 H. B. 1344 - 17 - 26 HB 1344/AP (8) Tie downs;413 (9) Fixing problems associated with weakened trusses, studs, a nd other structural414 components;415 (10) Inspection and repair or replacement of manufactured home piers, anchors, and416 tie-down straps; and417 (11) Any other mitigation techniques recommended by the Commissioner or the program418 administrator, as provided in rules and regulations promulgated by the Commissioner.419 33-32-25.420 (a) Any grants issued pursuant to this Code section shall be u sed to assist owners of a421 single-family dwelling or site-built, manufactured, or modular, owner occupied, residential422 property to retrofit such property to be less vulnerable to hur ricanes, tornadoes, hail,423 windstorms, or flooding damage.424 (b) To be eligible for a grant, a residential property shall be:425 (1) A single-family dwelling or a site-built, manufactured, or modular residential426 property owned and occupied by the applicant;427 (2) The legal residence of the applicant; and428 (3) Covered by a current homeowners or dwelling insurance policy that:429 (A) Is issued by an insurer authorized to write insurance in t his state, issued by a430 surplus lines insurer when lawfully placed by a surplus lines b roker authorized to do431 business in this state, or is covered through the underwriting association established432 pursuant to Chapter 33 of this title;433 (B) Provides insurance coverage of the residential property equal to or greater than the434 fair market value of property as such term is defined in Code Section 48-5-2; and435 (C) Has undergone an acceptable wind certification and hurricane mitigation inspection436 in accordance with program requirements.437 (c) The type and amount of grants shall be awarded as follows:438 H. B. 1344 - 18 - 26 HB 1344/AP (1) A resilient mitigation award for roof retrofits meeting in dustry standards and439 guidelines, such as Georgia Strong Home retrofit guidelines onl y, and Institute for440 Business and Home Safety Fortified Roof retrofit guidelines for a residential property,441 as may be provided for by rules. Such award shall not exceed $ 6,000.00 for matching442 grants or $7,500.00 for nonmatching grants;443 (2) A sustainable mitigation award for roof retrofits meeting industry standards and444 guidelines, such as Georgia Strong Home retrofit guidelines, or for window replacement445 and opening protection retrofits meeting industry standards and guidelines, such as446 Georgia Strong Home opening protection guidelines for residential property, as may be447 provided for by rules. Such award shall not exceed $4,000.00 f or matching grants or448 $5,000.00 for nonmatching grants awards; or449 (3) A sustainable mitigation award for hurricane shuttering an d protective barrier450 systems meeting industry standards and guidelines, such as Geor gia Strong Home451 opening protection guidelines, as may be provided for by rules. Such award shall not452 exceed $4,000.00 for either matching or nonmatching grants.453 (d) The amount of any nonmatching grant shall be determined ba sed on the cost of the454 mitigation project and a percentage of the total adjusted household income of the applicant455 according to their most recent federal income tax return. Appl icants for nonmatching456 grants with a total annual adjusted gross household income that does not exceed the median457 annual adjusted gross income for households within the county i n which the applicant458 resides may be eligible for the maximum amount of such grant. Applicants for459 nonmatching grants with a total annual adjusted household income above the median for460 households within the county in which the applicant resides may be awarded a lower grant461 amount.462 H. B. 1344 - 19 - 26 HB 1344/AP 33-32-26.463 Matching grants may be made available to local governments and nonprofit entities for464 projects that reduce storm and hurricane damage to single-family dwelling or a site-built,465 manufactured, or modular owner occupied, residential property, provided that:466 (1) No matching grant for any one local government or nonprofi t entity shall exceed467 $25,000.00 in any fiscal year;468 (2) The total amount of matching grants awarded to all local governments and nonprofit469 entities combined shall not exceed $200,000.00 in any fiscal year;470 (3) The difference between $250,000.00 and the total amount of grants awarded to all471 local governments and nonprofit entities combined in any fiscal year shall be applied to472 grants to individual residential property owners as provided in Code Section 33-32-25;473 and474 (4) For any project funded, in whole or in part, by a grant pursuant to this Code section,475 the local government or nonprofit entity shall employ multimedi a public education,476 awareness, and advertising efforts designed to specifically address mitigation techniques,477 as well as a component to support ongoing consumer resources and referral services.478 33-32-27.479 (a) The department shall create a process in which mitigation contractors agree to480 participate and seek reimbursement under the program and homeow ners agree to select481 from a list of participating contractors.482 (b) Any mitigation projects shall be based upon the securing of all required local permits483 and inspections and shall be subject to random reinspection. T he Commissioner or the484 program administrator may reinspect up to 10 percent of all mitigation projects.485 H. B. 1344 - 20 - 26 HB 1344/AP 33-32-28.486 The Commissioner shall promulgate rules and regulations necessa ry to implement the487 provisions of this article."488 PART X489 Uninsured motorists lapse fees490 SECTION 10-1.491 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is492 amended in Chapter 2, relating to registration and licensing of motor vehicles, by revising493 subsection (e) of Code Section 40-2-137, relating to notice of insurance coverage and494 termination, lapses in insurance coverage, and insurance covera ge for active duty military495 personnel, as follows:496 "(e)(1) When proof of minimum motor vehicle insurance coverage is provided within the497 time period specified in this Code section, but there has been a lapse of coverage for a498 period of more than ten days, the owner shall remit a $25.00 $50.00 lapse fee to the499 department. Failure to remit the lapse such fee to the department within 30 days of the500 date of such notice will shall result in the immediate suspension of the such owner's501 motor vehicle registration by operation of law. If any lapse fee provided for in this Code502 section is paid to the county tax commissioner, the county shal l retain $5.00 $10.00503 thereof as a collection fee.504 (2) If proof is not provided within the time period specified in this Code section that505 minimum motor vehicle insurance coverage is in effect, the owne r's motor vehicle506 registration shall be suspended immediately by operation of law by the department . 507 When such proof is provided and the owner pays a $25.00 $50.00 lapse fee and pays a508 $60.00 $125.00 restoration fee, the suspension shall terminate; provided, however, that509 the commissioner may waive the lapse fee and restoration fee fo r any owner whose510 H. B. 1344 - 21 - 26 HB 1344/AP vehicle registration has been suspended pursuant to this paragraph who provides proof511 of continuous minimum motor vehicle insurance coverage. If any restoration fee512 provided for in this Code section is paid to the county tax commissioner, the county shall513 retain $10.00 $15.00 thereof as a collection fee.514 (3) In the event of a second suspension of the owner's registr ation under this Code515 section, within a five-year period of a prior suspension, the department by operation of516 law shall suspend the such owner's motor vehicle registration shall be suspended517 immediately by operation of law. When proof is provided that minimum motor vehicle518 insurance coverage is in effect and the owner pays a $25.00 $125.00 lapse fee and pays519 a $60.00 $150.00 restoration fee, the suspension shall terminate.520 (4) In the event of a third or subsequent suspension of the owner's registration under this521 Code section, within the previous five-year period from the date of the thir d or522 subsequent suspension, the department by operation of law shall revoke the such owner's523 motor vehicle registration shall be revoked immediately by operation of law. When proof524 is provided that minimum motor vehicle insurance coverage is in effect and the owner525 pays a $25.00 $150.00 lapse fee and pays a $160.00 $500.00 restoration fee, the owner526 may apply for registration of the motor vehicle."527 PART XI528 Monetary penalties529 SECTION 11-1.530 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is further amended531 in Chapter 1, relating to general provisions, by revising subse ction (e) of Code Section532 33-1-9, relating to insurance fraud, venue, penalty, and exemption, as follows:533 "(e) A natural person convicted of a violation of this Code sec tion shall be guilty of a534 felony and shall be punished by imprisonment for not less than two nor more than ten535 H. B. 1344 - 22 - 26 HB 1344/AP years, or by a fine of up to $100,000.00 for each and every act in violation of this Code536 section not more than $10,000.00, or both."537 SECTION 11-2.538 Said title is further amended in said chapter by revising subse ction (c) of Code Section539 33-1-9.1, relating to crimes of staging a collision or filing a fraudulent claim and penalty, as540 follows:541 "(c) A person shall be guilty of the crime of making a fraudulent claim related to a staged542 collision when such person makes, or assists in making, a claim for insurance benefits of543 any type or brings, or assists in bringing, a civil lawsuit against another seeking monetary544 damages with knowledge that the injuries for which insurance be nefits or monetary545 damages are sought resulted from a staged collision, or seeks to obtain any benefit to which546 such claimant is not legally entitled. Making a fraudulent cla im related to a staged547 collision shall constitute a felony and shall be punishable by no less than one year nor more548 than five years' imprisonment or by a fine of up to $100,000.00 for each and every act in549 violation of this subsection, or both."550 SECTION 11-3.551 Said title is further amended in said chapter by revising subse ction (c) of Code Section552 33-1-15, relating to affidavit that insured's motor vehicle stolen, as follows:553 "(c) Any person who violates subsection (b) of this Code section shall be guilty of a felony554 and, upon conviction thereof, shall be punished by imprisonment for not less than one nor555 more than five years or by a fine of not more than $10,000.00 $20,000.00, or both."556 H. B. 1344 - 23 - 26 HB 1344/AP SECTION 11-4.557 Said title is further amended in said chapter by revising subse ction (d) of Code Section558 33-1-16.1, relating to excessive, fraudulent, or high-tech drug testing of certain individuals559 as fraudulent insurance act, as follows:560 "(d) A natural person convicted of a violation of this Code sec tion shall be guilty of a561 misdemeanor and shall be punished by imprisonment confinement for not more than 12562 months, by a fine of not more than $1,000.00 $2,500.00 per violation, or both."563 SECTION 11-5.564 Said title is further amended in said Chapter 6, relating to unfair trade practices, by revising565 subsection (a) of Code Section 33-6-8, relating to issuance of cease and desist orders,566 issuance of orders providing for other relief, change in orders , and date on which orders567 appealable, as follows:568 "(a) If, after the hearing provided for in Code Section 33-6-7, the Commissioner shall569 determine that the person charged has engaged in an unfair meth od of competition or an570 unfair or deceptive act or practice, he or she shall reduce his or her findings to writing and571 shall issue and cause to be served upon the person charged with the violation a copy of the572 findings and an order requiring such person to cease and desist from engaging in the573 method of competition, act, or practice; and, if the act or pra ctice is a violation of Code574 Sections 33-6-4 and 33-6-5, the Commissioner may at his or her discretion order any one575 or more of the following:576 (1) Payment of a monetary penalty of not more than $1,000.00 $5,000.00 for each and577 every act or violation, unless the person knew or reasonably should have known he or she578 was in violation of this article, in which case the penalty shall be not more than $5,000.00579 $25,000.00 for each and every act or violation;580 (2) Suspension or revocation of the person's license, if he or she knew or reasonably581 should have known he or she was in violation of this article; or582 H. B. 1344 - 24 - 26 HB 1344/AP (3) Any other relief as is reasonable and appropriate."583 SECTION 11-6.584 Said title is further amended in said chapter by revising Code Section 33-6-9, relating to585 penalties for violations of cease and desist orders, as follows:586 "33-6-9.587 After notice and hearing and upon order of the Commissioner, any person who violates a588 cease and desist order under Code Section 33-6-8, while the order is in effect may, at the589 discretion of the Commissioner, be subject to any one or more of the following:590 (1) A monetary penalty of not more than $10,000.00 $15,000.00 for each and every act591 or violation;592 (2) Suspension or revocation of such person's license; or593 (3) Any other relief as is reasonable and appropriate."594 SECTION 11-7.595 Said title is further amended in Chapter 9, relating to regulation of rates, underwriting rules,596 and related organizations, by revising Code Section 33-9-38, relating to penalty for failure597 to comply with final order of Commissioner and penalty for willful violation of provision of598 chapter, as follows:599 "33-9-38.600 (a) Any person, insurer, organization, group, or association w ho fails to comply with a601 final order of the Commissioner under this chapter shall be liable to the state in an amount602 not exceeding $50.00 $1,000.00 ; but, if such failure is willful, the person, insurer,603 organization, group, or association shall be liable to the state in an amount not exceeding604 $5,000.00 $10,000.00. The Commissioner shall collect the amount so payable and may605 bring an action in the name of the people of the State of Georg ia to enforce collection. 606 Such penalties may be in addition to any other penalties provided by law.607 H. B. 1344 - 25 - 26 HB 1344/AP (b) Any person who willfully violates this chapter shall be guilty of a misdemeanor."608 SECTION 11-8.609 Said title is further amended in Chapter 15, relating to fraternal benefit societies, by revising610 Code Section 33-15-122, relating to violations and penalties, as follows:611 "33-15-122.612 (a) Any person, officer, member, or examining physician of any society doing business613 under this chapter who shall knowingly or willfully make any false or fraudulent statement614 or representation in or relating to any application for members hip or for the purpose of615 obtaining money from or a benefit in any society shall be guilty of a misdemeanor and shall616 be punishable by a fine not to exceed $2,000.00.617 (b) Any person who willfully makes a false or fraudulent statement in any verified report618 or declaration under oath required or authorized by this chapter or of any material fact or619 thing contained in a sworn statement concerning the death or disability of an insured for620 the purpose of procuring payment of a benefit named in the cert ificate shall be guilty of621 false swearing and shall be subject to the penalties therefor p rescribed by Code Section622 16-10-71.623 (c) Any person who solicits membership for, or in any manner a ssists in procuring624 membership in, any society not licensed to do business in this state shall, upon conviction625 thereof, be fined not less than $50.00 nor more than $200.00.626 (d) Any person guilty of a willful violation of, or neglect or refusal to comply with, the627 provisions of this chapter for which a penalty is not otherwise prescribed shall, upon628 conviction thereof, be subject to a fine not to exceed $200.00 $2,000.00."629 H. B. 1344 - 26 - 26 HB 1344/AP SECTION 11-9.630 Said title is further amended in Chapter 22, relating to insura nce premium finance631 companies, by revising subsection (e) of Code Section 33-22-3, relating to requirement of632 license for transaction of business, fees, change of address, and examination of applicants,633 as follows:634 "(e) Any person who shall engage in the business of financing insurance premiums in this635 state without obtaining a license as provided in this Code section shall, upon conviction,636 be subject to a fine of not more than $1,000.00 $2,000.00."637 SECTION 11-10.638 Said title is further amended in said chapter by revising subse ctions (c) and (d) of Code639 Section 33-22-6, relating to grounds and procedure for revocation, suspension, or nonrenewal640 of license or imposition of probation or fine, as follows:641 "(c) In lieu of revoking or suspending the license for any of t he causes enumerated in642 subsection (a) of this Code section, the Commissioner shall hav e the authority after a643 hearing to place the premium finance company on probation for a period of time not to644 exceed one year and may subject such company to a penalty of no t more than $1,000.00645 $2,000.00 for each offense when, in his or her judgment, he or she finds that the public646 interest would not be harmed by the continued operation of the company.647 (d) The Commissioner shall also have the authority after a hearing to subject any person648 or entity who is acting as a premium finance company in this st ate without a license, as649 provided for by this chapter, to a penalty of not more than $1, 000.00 $2,000.00 for each650 violation of this chapter. The amount of any such penalty shall be paid by the company,651 person, or entity to the Commissioner for the use of the state."652 H. B. 1344 - 27 - 26 HB 1344/AP SECTION 11-11.653 Said title is further amended in said chapter by revising subse ction (b) of Code Section654 33-22-14, relating to disposition of unearned premiums upon can cellation of insurance655 policy, as follows:656 "(b)(1) In the event that the crediting of return premiums to t he account of the insured657 results in a surplus over the amount due from the insured, the premium finance company658 shall refund the excess within ten working days of receipt of the return premium or tender659 of return premium to the insured via the agent, agency, or broker placing the insurance660 and shall furnish such agent, agency, or broker, upon a written request, a report setting661 forth an itemization of the unearned finance charge and other charges under the premium662 finance agreement; provided, however, there shall be no refund required when the excess663 due the insured is less than $5.00.664 (2) Any insurance premium finance company failing to tender refunds or to furnish any665 report requested by the agent, agency, or broker as required in paragraph (1) of this666 subsection shall pay to the insured via the agent, agency, or broker a penalty equal to 25667 50 percent of the amount of the refund and interest equal to 18 percent per annum until668 such time as the refund is made; provided, however, the maximum amount of such669 penalty and interest shall not exceed 50 percent of the amount of the refund due."670 SECTION 11-12.671 Said title is further amended in Chapter 23, relating to licensing, by revising paragraph (14)672 of subsection (d) of Code Section 33-23-12, relating to limited licenses, as follows:673 "(14) If a vendor or its employee or authorized representative violates any provision of674 this subsection, the Commissioner may impose any of the following penalties:675 (A) After notice and hearing, fines not to exceed $500.00 $1,000.00 per violation or676 $5,000.00 $10,000.00 in the aggregate for such conduct; and677 H. B. 1344 - 28 - 26 HB 1344/AP (B) After notice and hearing, other penalties that the Commissioner deems necessary678 and reasonable to carry out the purpose of this article, including:679 (i) Suspending the privilege of transacting portable electronics insurance pursuant to680 this subsection at specific business locations where violations have occurred; and681 (ii) Suspending or revoking th e ability of individual employee s or authorized682 representatives to act under the license;"683 SECTION 11-13.684 Said title is further amended in Chapter 24, relating to insura nce generally, by revising685 subsection (n) of Code Section 33-24-19.1, relating to certific ate of insurance forms to be686 approved by Commissioner, definitions, and required provisions of certificate, as follows:687 "(n) Any person who that violates this Code section may be fined up to $5,000.00688 $10,000.00 per violation."689 SECTION 11-14.690 Said title is further amended in said chapter by revising subse ction (c) of Code Section691 33-24-44, relating to cancellation of policies generally, as follows:692 "(c)(1) Any unearned premium which has been paid by the insured shall be refunded to693 the insured on a pro rata basis as provided in this Code sectio n. If the return does not694 accompany notice of cancellation, then such return shall be mad e on or before the695 cancellation date either directly to the named insured or to the insured's agent of record. 696 In the event the insurer elects to return such unearned premium to the insured via the697 insured's agent of record, such agent shall return the unearned premium to the insured698 either in person or by depositing such return in the mail withi n ten working days of699 receipt of the unearned premium, or within ten working days of notification from the700 insurer of the amount of return of unearned premium due, or on the effective date of701 cancellation, whichever is later. If the insured has an open account with the agent, such702 H. B. 1344 - 29 - 26 HB 1344/AP return of unearned premium may be applied to any outstanding ba lance and any703 remaining unearned premium shall be returned to the insured eit her in person or by704 depositing such return in the mail within ten working days of r eceipt of the unearned705 premium, or within ten working days of notification from the in surer of the amount of706 return of unearned premium due, or on the effective date of can cellation, whichever is707 later.708 (2) Paragraph (1) of this subsection shall not apply if an aud it or rate investigation is709 required or if the premiums are financed by a premium finance company. If an audit or710 rate investigation is required, then the refund of unearned premium shall be made within711 30 days after the conclusion of the audit or rate investigation . If the premiums are712 financed by a premium finance company, any unearned premiums sh all be tendered to713 the premium finance company within ten working days after cancellation.714 (3) Any insurer or agent failing to return any unearned premiu m as prescribed in715 paragraphs (1) and (2) of this subsection shall pay to the insured a penalty equal to 25 50716 percent of the amount of the return of the unearned premium and interest equal to 18717 percent per annum until such time that proper return has been made, which penalty and718 interest must shall be paid at the time the return is made; provided, however, tha t the719 maximum amount of such penalty and interest shall not exceed 50 percent of the amount720 of the refund due. Failure to return any unearned premium shall not invalidate a notice721 of cancellation given in accordance with subsection (b) of this Code section."722 SECTION 11-15.723 Said title is further amended in Chapter 31, relating to credit life insurance and credit724 accident and sickness insurance, by revising subsection (b) of Code Section 33-31-12,725 relating to promulgation of rules and regulations, enforcement of provisions, and penalties726 for violations, as follows:727 H. B. 1344 - 30 - 26 HB 1344/AP "(b) In addition to any other penalty provided by law, any person who violates an order of728 the Commissioner after it has become final and while the order is in effect, upon proof of729 the violation to the satisfaction of the court, shall forfeit and pay to this the state a sum not730 to exceed $250.00 $500.00, which may be recovered in a civil action, except that if such731 violation is found to be willful, the amount of such penalty sh all be a sum not to exceed732 $1,000.00 $2,000.00. The Commissioner, in his or her discretion, may revoke or suspend733 the license or certificate of authority of the person guilty of such violation. The order for734 suspension or revocation shall be subject to judicial review as provided in Chapter 2 of this735 title."736 SECTION 11-16.737 Said title is further amended in Chapter 34A, relating to vehic le protection product738 warranties, by revising subsection (g) of Code Section 33-34A-11, relating to examinations739 by Commissioner, enforcement, opportunity for a hearing, burden on Commissioner to show740 justification, and penalty for violations, as follows:741 "(g) A person who is found to have violated this chapter or orders or rules of the742 Commissioner may be ordered to pay to the Commissioner a civil penalty in an amount,743 determined by the Commissioner, of not more than $500.00 $1,000.00 per violation and744 not more than $10,000.00 $20,000.00 in the aggregate for all violations of a similar nature. 745 For purposes of this Code section, violations shall be of a sim ilar nature if the violation746 consists of the same or similar course of conduct, action, or p ractice, irrespective of the747 number of times the conduct, action, or practice that is determined to be a violation of this748 chapter occurred."749 H. B. 1344 - 31 - 26 HB 1344/AP SECTION 11-17.750 Said title is further amended in Chapter 36, relating to Georgia Insurers Insolvency Pool, by751 revising subsection (b) of Code Section 33-36-19, relating to a dvertisements,752 announcements, or statements using insolvency pool for purpose of sales, as follows:753 "(b) Any person who violates subsection (a) of this Code sectio n may, after notice and754 hearing and upon order of the Commissioner, be subject to one or both of the following:755 (1) A monetary penalty of not more than $1,000.00 $2,000.00 for each act or violation,756 but not to exceed an aggregate penalty of $10,000.00 $20,000.00; or757 (2) Suspension or revocation of his or her license or certificate of authority."758 SECTION 11-18.759 Said title is further amended in Chapter 37, relating to insurers rehabilitation and liquidation,760 by revising subsection (d) of Code Section 33-37-6, relating to cooperation with761 Commissioner mandated and penalties for failure to cooperate, as follows:762 "(d) Any person included within subsection (a) of this Code section who fails to cooperate763 with the Commissioner, or any person who obstructs or interferes with the Commissioner764 in the conduct of any delinquency proceeding or any investigation preliminary or incidental765 thereto, or who violates any order the Commissioner issued validly under this chapter may:766 (1) Be sentenced to pay a fine not exceeding $10,000.00 $20,000.00 or to undergo767 imprisonment confinement for a term of not more than one year, or both; or768 (2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty769 not to exceed $10,000.00 $20,000.00 and shall be subject further to the revocation or770 suspension of any insurance licenses issued by the Commissioner."771 H. B. 1344 - 32 - 26 HB 1344/AP SECTION 11-19.772 Said title is further amended in said chapter by revising subse ction (b) of Code Section773 33-37-22, relating to responsibility of agent to provide information and penalty for violation,774 as follows:775 "(b) Any agent failing to provide information to the liquidator as required in subsection (a)776 of this Code section may be subject to payment of a penalty of not more than $1,000.00777 $2,000.00 and may have his or her licenses suspended, said penalty to be imposed after a778 hearing held by the Commissioner."779 SECTION 11-20.780 Said title is further amended in said chapter by revising subse ction (b) of Code Section781 33-37-32, relating to premiums due during pendency of liquidati on action, penalties for782 violation, notice, and right to appeal, as follows:783 "(b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may784 pursue either one or both of the following courses of action:785 (1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties;786 or787 (2) Impose a penalty of not more than $5,000.00 $10,000.00 for each and every act in788 violation of this Code section by said party or parties."789 SECTION 11-21.790 Said title is further amended in Chapter 38, relating to Georgi a Life and Health Insurance791 Guaranty Association, by revising subsection (b) of Code Sectio n 33-38-21, relating to792 references to the association in advertisements for insurance, as follows:793 "(b) Any person who violates subsection (a) of this Code sectio n may, after notice and794 hearing and upon order of the Commissioner, be subject to one or more of the following:795 H. B. 1344 - 33 - 26 HB 1344/AP (1) A monetary penalty of not more than $1,000.00 $2,000.00 for each act or violation,796 but not to exceed an aggregate penalty of $10,000.00 $20,000.00; or797 (2) Suspension or revocation of his or her license or certificate of authority."798 SECTION 11-22.799 Said title is further amended in Chapter 39, relating to collec tion, use, and disclosure of800 information gathered by insurance institutions, by revising Code Section 33-39-19, relating801 to monetary penalty for knowing violations of chapter and monetary penalty for violation of802 cease and desist order, as follows:803 "33-39-19.804 (a) In any case where a hearing pursuant to Code Section 33-39-16 results in the finding805 of a knowing violation of this chapter, the Commissioner may, in addition to the issuance806 of a cease and desist order as prescribed in Code Section 33-39 -18, order payment of a807 monetary penalty of not more than $500.00 $1,000.00 for each violation but not to exceed808 $10,000.00 $20,000.00 in the aggregate for multiple violations.809 (b) Any person who violates a cease and desist order of the Co mmissioner under Code810 Section 33-39-18 may, after notice and hearing and upon order of the Commissioner, be811 subject to one or more of the following penalties, at the discretion of the Commissioner:812 (1) A monetary fine of not more than $10,000.00 $20,000.00 for each violation;813 (2) A monetary fine of not more than $50,000.00 $100,000.00 if the Commissioner finds814 that violations have occurred with such frequency as to constit ute a general business815 practice; or816 (3) Suspension or revocation of an insurance institution's or agent's license."817 H. B. 1344 - 34 - 26 HB 1344/AP SECTION 11-23.818 Said title is further amended in Chapter 47, relating to managing general agents, by revising819 subsection (a) of Code Section 33-47-7, relating to violation o f chapter and penalties, as820 follows:821 "(a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of822 this title, that any person has violated any provision of this chapter, the Commissioner may823 order:824 (1) For each separate violation, a penalty in an amount not to exceed $10,000.00825 $20,000.00;826 (2) Revocation or suspension of the producer's license; and827 (3) The managing general agent to reimburse the insurer or the rehabilitator or liquidator828 of the insurer for any losses incurred by the insurer caused by a violation of this chapter829 committed by the managing general agent."830 SECTION 11-24.831 Said title is further amended in Chapter 59, relating to life settlements, by revising subsection832 (a) of Code Section 33-59-6, relating to filing of annual state ment with the Commissioner833 and confidential information, as follows:834 "(a)(1) Each provider shall file with the Commissioner on or before May 1 of each year835 an annual statement containing such information as the Commissioner may prescribe by836 rule or regulation in addition to any other requirements for any policy settled within five837 years of policy issuance. In addition to any other requirements, the annual statement shall838 specify the total number, aggregate face amount, and life settlement proceeds of policies839 settled during the immediately preceding calendar year, together with a breakdown of the840 information by policy issue year. The annual statement shall also include the names of841 the insurance companies whose policies have been settled and the life settlement brokers842 that have settled said policies.843 H. B. 1344 - 35 - 26 HB 1344/AP (2) Such information shall be limited to only those transactio ns where the insured is a844 resident of this state and shall not include individual transac tion data regarding the845 business of life settlements or information that there is a reasonable basis to believe could846 be used to identify the owner or the insured.847 (3) Every provider that willfully fails to file an annual stat ement as required in by this848 Code section or willfully fails to reply within 30 days to a wr itten inquiry by the849 Commissioner in connection therewith, shall, in addition to other penalties provided by850 this chapter, be subject, upon due notice and opportunity to be heard, to a penalty of up851 to $250.00 $500.00 per day of delay, not to exceed $25,000.00 $50,000.00 in the852 aggregate, for each such failure."853 SECTION 11-25.854 Said title is further amended in said chapter by revising subse ctions (b) and (c) of Code855 Section 33-59-16, relating to fraudulent life settlement acts p rohibited, criminal and civil856 penalties, and revocation of license, as follows:857 "(b) For criminal liability purposes, a person that commits a fraudulent life settlement act858 shall be guilty of committing insurance fraud and shall be guil ty of a felony and, upon859 conviction, shall be punished by imprisonment for not less than two nor more than ten860 years, or by a fine of not more than $10,000.00 $20,000.00, or both.861 (c) The Commissioner shall be empowered to levy a civil penalty:862 (1) Not exceeding $1,000.00 $2,000.00 for each and every act in violation of this chapter863 or, if the person knew or reasonably should have known the acts that he or she committed864 were in violation of this chapter, the monetary penalty provide d for in this subsection865 may be increased to an amount up to $5,000.00 $10,000.00 for each and every act in866 violation; and867 H. B. 1344 - 36 - 26 HB 1344/AP (2) The amount of the claim for each violation upon any person, including those persons868 and their employees licensed pursuant to this chapter, who is found to have committed869 a fraudulent life settlement act or violated any other provision of this chapter."870 SECTION 11-26.871 Said title is further amended in Chapter 63, relating to guaranteed asset protection waivers,872 by revising Code Section 33-63-9, relating to Commissioner to e nforce provisions and873 penalty for violations, as follows:874 "33-63-9.875 The Commissioner may take action which is necessary or appropri ate to enforce the876 provisions of this chapter and to protect guaranteed asset protection waiver holders in this877 state. After proper notice and opportunity for hearing, the Commissioner may:878 (1) Order the creditor, administrator, or any other person not in compliance with this879 chapter to cease and desist from further guaranteed asset prote ction waiver related880 operations which are in violation of this chapter; and881 (2) Impose a penalty of not more than $500.00 $1,000.00 per violation and not more than882 $10,000.00 $20,000.00 in the aggregate for all violations of a similar nature. For883 purposes of this paragraph, violations must shall be of a similar nature if the violation884 consists of the same or similar course of conduct, action, or practice, irrespective of the885 number of times the conduct, action, or practice which is determined to be a violation of886 this chapter occurred."887 SECTION 11-27.888 Said title is further amended in Chapter 64, relating to regulation and licensure of pharmacy889 benefits managers, by revising subsections (i) and (k) of Code Section 33-64-2, relating to890 license requirements and filing fees, as follows:891 H. B. 1344 - 37 - 26 HB 1344/AP "(i) In addition to all other penalties provided for under this title, the Commissioner shall892 have the authority to assess a monetary penalty against any person, business entity, or other893 entity acting as a pharmacy benefits manager without a license of up to $2,000.00894 $4,000.00 for each transaction in violation of this chapter, unless such person, business895 entity, or other entity knew or reasonably should have known it was in violation of this896 chapter, in which case the monetary penalty provided for in thi s subsection may be897 increased to an amount of up to $10,000.00 $20,000.00 for each and every act in violation."898 "(k) In addition to all other penalties provided for under this title, the Commissioner shall899 have the authority to place any pharmacy benefits manager on pr obation for a period of900 time not to exceed one year for each and every act in violation of this chapter and shall901 subject such pharmacy benefits manager to a monetary penalty of up to $2,000.00902 $4,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits903 manager knew or reasonably should have known he or she was in violation of this chapter,904 in which case the monetary penalty provided for in this subsection shall be increased to an905 amount of up to $10,000.00 $20,000.00 for each and every act in violation. In the event906 a pharmacy benefits manager violates any provision of this chapter while on probation, the907 Commissioner shall have the authority to suspend the such pharmacy benefits manager's908 license. For purposes of this subsection, a violation shall be considered to have occurred909 each time an act in violation of this chapter is committed."910 SECTION 11-28.911 Said title is further amended in Chapter 65, relating to the "Corporate Governance Annual912 Disclosure Act," by revising Code Section 33-65-8, relating to failure to file corporate913 governance annual disclosures and penalty, as follows:914 "33-65-8.915 Any insurer failing, without just cause, to timely file the cor porate governance annual916 disclosure as required in this chapter shall be required, after notice and hearing, to pay a917 H. B. 1344 - 38 - 26 HB 1344/AP penalty of $100.00 $200.00 for each day's delay, to be recovered by the Commissioner, and918 the penalty so recovered shall be paid into the general fund of the state treasury. The919 maximum penalty under this Code section is $10,000.00 $20,000.00. The Commissioner920 may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition921 of the penalty would constitute a financial hardship to the such insurer."922 PART XII923 Rental home marketplace guarantees924 SECTION 12-1.925 Title 33 of the Official Code of Georgia Annotated, relating insurance, is amended in Code926 Section 33-7-6, relating to property insurance, contract requirements, rules and regulations,927 and exemptions, by adding a new subsection to read as follows:928 "(g)(1) Property insurance does not include rental home marketp lace guarantees,929 provided that a person, firm, or corporation providing and administering such rental home930 marketplace guarantees:931 (A) Insures rental home marketplace guarantees under a reimbur sement insurance932 policy issued and underwritten by an insurer authorized to tran sact insurance in this933 state or a surplus lines insurer, pursuant to which the insurer agrees, for the benefit of934 rental home marketplace guarantee beneficiaries, to discharge all of the obligations and935 liabilities of the provider of the rental home marketplace guarantee under the terms of936 the rental home marketplace guarantee in the event of nonperfor mance by such937 provider;938 (B) Includes a statement in substantially the following form: 'This agreement is not an939 insurance contract' within the rental home marketplace guarantee terms;940 (C) Clearly specifies the terms and any limitations, exception s, or exclusions within941 the rental home marketplace guarantee terms; and942 H. B. 1344 - 39 - 26 HB 1344/AP (D) Complies with any registration requirement prescribed by t he Commissioner943 through regulation.944 (2) As used in this subsection, the term 'rental home marketplace' means a person, firm945 or corporation that:946 (A) Provides an online application, software, website, system, or other medium947 through which a property is advertised or is offered to the pub lic as available in this948 state and that connects platform users to enable them to share property;949 (B) Provides, directly or indirectly, or maintains a platform for services by transmitting950 or otherwise communicating the offer or acceptance of a transac tion between two951 platform users or owning or operating the electronic infrastructure or technology that952 brings two or more platform users together;953 (C) Engages in the sale or offering of a rental home marketplace guarantee only in a954 manner that is ancillary to the conduct of its primary legitimate business or activity; and955 (D) Is not a local or state governmental entity or vendor.956 (3) As used in this subsection, the term 'rental home marketpl ace guarantee' means a957 contract or agreement issued in connection with a rental home marketplace, whether or958 not for a separate consideration, to reimburse a user sharing property for any damages for959 which the renter is responsible under the rental home marketplace's terms of service, with960 or without an additional provision for incidental payment of indemnity.961 (4) As used in this subsection, the term 'provider' means:962 (A) A rental home marketplace; or963 (B) An affiliate or representative of a rental home marketplace who issues or offers as964 well as administers, either directly or through a third party, a rental home marketplace965 guarantee.966 (5) In accordance with this subsection, a rental home marketplace guarantee as described967 herein shall not constitute any other kind of insurance describ ed in this chapter or968 elsewhere in law."969 H. B. 1344 - 40 - 26 HB 1344/AP PART XIII970 Judicial sales and clear title971 SECTION 13-1.972 Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in973 Part 2 of Article 7 of Chapter 13, relating to conduct and effect relative to judicial sales, by974 revising Code Section 9-13-166, relating to form of tender, as follows:975 "9-13-166.976 Purchasers at judicial sales need not tender cash but, as an al ternative, may tender a977 cashier's or certified check or certified funds which is drawn for the amount of the purchase978 price and which is issued by or certified by any financial institution insured by the Federal979 Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or the980 Federal Savings and Loan Insurance Corporation; provided, however, that the holder of the981 security instrument being foreclosed or its designated representative shall be authorized to982 submit a credit bid for the purchase price in lieu of cash, a c ashier's check, or certified983 funds."984 PART XIV985 Personally identifiable information986 SECTION 14-1.987 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article988 8 of Chapter 5, relating to protection of personally identifiable data of judges and spouses,989 by revising Code Section 15-5-110, relating to definitions, as follows:990 "15-5-110.991 As used in this article, the term:992 H. B. 1344 - 41 - 26 HB 1344/AP (1) 'Personally identifiable information' means any personal phone number, each home993 address, or property or tax records the parcel number of each such address, and each994 personal telephone number of a protected person.995 (2) 'Protected person' means any current or former:996 (A) Current or former judge Judge or justice of this state and his or her spouse;997 (B) Current or former judge Judge of any county or municipality of this state and his998 or her spouse; and999 (C) Current or former judge Judge or justice of the United States and his or her spouse;1000 and1001 (D) Spouse of any person who qualifies as a protected person under subparagraph (A),1002 (B), or (C) of this paragraph.1003 (3) 'Publicly available content' means any written or electronic document or record that1004 provides information or that serves as a document or record maintained, controlled, or in1005 the possession of a state or local government entity that may be obtained by any person1006 from the state or local government entity's public website or from such state or local1007 government agency upon request whether free of charge or for a fee.1008 (4) 'State or local government entity' means any:1009 (A) Agency of the executive branch of this state; or1010 (B) Any county County or municipality of this state, including, but not limited to, any1011 county or municipal court clerk's office, board of elections, board of tax assessors, or1012 board of ethics."1013 SECTION 14-2.1014 Said title is further amended in said article by revising Code Section 15-5-112, relating to1015 restriction of judicial personally identifiable information fro m public disclosure and1016 enforcement, as follows:1017 H. B. 1344 - 42 - 26 HB 1344/AP "15-5-112.1018 (a) As used in this Code section, the term 'restrict from public disclosure' means to conceal1019 from a copy of an original public record or to conceal from an electronic image available1020 for public viewing the personally identifiable information of a protected person contained1021 within such record or image.1022 (b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,1023 a state or local government entity shall restrict from public d isclosure any personally1024 identifiable information that specifically identifies a protected person as a judge, justice,1025 or spouse thereof. The provisions of this subsection shall include, but shall not be limited1026 to, records or filings in the office of the Secretary of State and the State Ethics1027 Commission.1028 (b)(c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary,1029 a state or local government entity that possesses records, filings, or other publicly available1030 content that does not specifically identify a person as a judge, justice, or spouse thereof but1031 that includes personally identifiable information of such a pro tected person shall, upon1032 request of the protected person, restrict from public disclosure any personally identifiable1033 information. A protected person may request that his or her pe rsonally identifiable1034 information be restricted from public disclosure pursuant to this subsection by submitting1035 a request in writing to the state or local government entity on the form provided for in Code1036 Section 15-5-111. A state or local government entity receiving such request shall restrict1037 from public disclosure the personally identifiable information within 30 days of receiving1038 a valid request and shall reflect on any official records index entries affected under this1039 Code section, including, but not limited to, any indices relate d to the recordation of any1040 instrument or document regarding the conveyance of real propert y, that personally1041 identifiable information contained within the record has been r estricted from public1042 disclosure pursuant to this Code section.1043 H. B. 1344 - 43 - 26 HB 1344/AP (c)(d) Any protected person may bring an action in a court of compet ent jurisdiction1044 against any officer or employee of the state or local governmen t entity in his or her1045 individual capacity for failure to comply with subsection (a) o r (b) or (c) of this Code1046 section. Any relief granted by such action shall be limited to injunctive relief.1047 (e) Any protected person may request access to information res tricted from public1048 disclosure within publicly available content maintained by a st ate or local government1049 entity by submitting to such entity a signed authorization form developed by the1050 Administrative Office of the Courts. Upon receipt of such signed authorization form, the1051 state or local government entity shall provide the authorized protected person access to an1052 unrestricted copy of the documents listed in such signed authorization form.1053 (f) Any protected person may authorize a third-party individua l or entity to access1054 information restricted from public disclosure within publicly available content maintained1055 by a state or local government entity by submitting to such ent ity a signed authorization1056 form developed by the Administrative Office of the Courts. Upon receipt of such signed1057 authorization form, the state or local government entity shall provide the authorized1058 third-party individual or entity access to an unrestricted copy of the documents listed in1059 such signed authorization form.1060 (g) A protected person, or his or her attorney in fact or lega l representative acting on1061 behalf of such protected person, may submit a written request to release the restriction on1062 publication of such protected person's personally identifiable information. Within 45 days1063 of receipt of a request under this subsection, the state or loc al government entity shall1064 remove such restriction.1065 (h) Upon proof of death of a protected person, as verified by a certified copy of a death1066 certificate, the attorney in fact or legal representative of the deceased protected person may1067 request a state or local government entity to release the restriction on publication of such1068 protected person's personally identifiable information unless s uch release is otherwise1069 H. B. 1344 - 44 - 26 HB 1344/AP prohibited by statute or court order. Such written request shall include a certified copy of1070 the protected person's death certificate.1071 (i) Any person making a false attestation under this Code section is subject to the penalty1072 of perjury under Code Section 16-10-70.1073 (j) The provisions of this Code section shall not prohibit any county clerk, register of1074 deeds, tax assessor, treasurer, or any other state or local government office or agency from1075 providing unrestricted copies of recorded instruments affecting title to real property or1076 property tax records that contain protected personally identifiable information to:1077 (1) A title insurer or title insurance agent;1078 (2) A licensed attorney representing such title insurer or title insurance agent; or1079 (3) An agent of such a licensed attorney,1080 in furtherance of providing title insurance, as described in Code Section 33-7-8, provided1081 that such insurer, agent, attorney, or attorney's agent makes an affirmative representation1082 that they are seeking such information in furtherance of providing title insurance."1083 PART XV1084 Special master qualifications in quia timet proceedings1085 SECTION 15-1.1086 Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in Part 21087 of Article 3 of Chapter 3, relating to quia timet against all t he world, by revising Code1088 Section 23-3-63, relating to submission to special master, as follows:1089 "23-3-63.1090 The court, upon receipt of the petition together with the plat and instruments filed1091 therewith, shall submit the same to a special master who shall:1092 (1) Be an individual be a person who is authorized to practice law in this state and;1093 H. B. 1344 - 45 - 26 HB 1344/AP (2) Be is a resident of the judicial circuit of the United States wherein the action is1094 brought;1095 (3) Be a citizen of this state for not less than three years; and1096 (4) Have not less than five years of experience litigating or providing opinions on title1097 to land in this state."1098 PART XVI1099 Effective dates, applicability, and repealer1100 SECTION 16-1.1101 (a) This Act shall become effective on January 1, 2027, and sh all apply to all applicable1102 policies, contracts, and certificates executed, delivered, issued for delivery, or renewed in this1103 state on or after such date.1104 (b) This Act shall be applicable to all taxable years beginning on or after January 1, 2027.1105 SECTION 16-2.1106 All laws and parts of laws in conflict with this Act are repealed.1107 H. B. 1344 - 46 -