---
title: O.C.G.A. § 33-5-40. Legislative findings.
collection: code
id: 33-5-40
cite_as: O.C.G.A. § 33-5-40 (2025)
canonical_url: https://georgiacommons.org/code/33-5-40
md_url: https://georgiacommons.org/code/33-5-40.md
text_url: https://georgiacommons.org/code/33-5-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch1-22-(v24)-2020-pdf.pdf?sfvrsn=a873240d_0#page=221
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-5.md
previous: https://georgiacommons.org/code/33-5-35.md
next: https://georgiacommons.org/code/33-5-41.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / REGULATION OF UNAUTHORIZED INSURERS / SURPLUS LINE INSURANCE / INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES
---

# O.C.G.A. § 33-5-40. Legislative findings.

The General Assembly finds the federal Nonadmitted and Reinsurance Reform Act of 2010, which was incorporated into the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, provides that only an insured’s home state may require premium tax payment for nonadmitted insurance and authorizes states to enter into a compact or otherwise establish procedures to allocate among the states the nonadmitted insurance premium taxes. The General Assembly further finds that as the states are still in flux as to which proposed plan is best for them to enter, or if any agreement should be entered into by the state, the Commissioner is in a unique position to weigh these options and to determine what is in the best interest of the state financially. Therefore, the General Assembly acknowledges that some flexibility is necessary to determine that the best financial interests of the state are met.

## History

Code 1981, § 33-5-40, enacted by Ga. L. 2011, p. 449, § 8/HB 413; Ga. L. 2019, p. 337, § 1-32/SB 132.

The 2019 amendment, effective July 1, 2019, deleted ‘‘of Insurance’’ following ‘‘Commissioner’’ in the second sentence of this Code section.

## U.s. Code.

The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in this Code section, is codified at 12 U.S.C. § 5381 et seq.