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HB 1041 - Subsequent Injury Trust Fund; certain reports; late submission

Bannister, Charles E (77th)	Davis, J. Max (60th)

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First Reader Summary

A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to reports by employers of compensation and benefits paid and failure to pay assessments; and for other purposes.

Code Sections - 34-9-359

HB 1041                                            LC 25 1359 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 9 of Chapter 9 of Title 34 of the Official 
  1- 2  Code of Georgia Annotated, relating to the Subsequent Injury 
  1- 3  Trust Fund, so as to change certain provisions relating to 
  1- 4  reports by employers of compensation and benefits paid and 
  1- 5  failure to pay assessments; to repeal conflicting laws; and 
  1- 6  for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Article 9 of Chapter 9 of Title 34 of the Official Code of 
  1-10  Georgia Annotated, relating to the Subsequent Injury Trust 
  1-11  Fund, is amended by striking Code Section 34-9-359, relating 
  1-12  to reports by employers of compensation and benefits paid 
  1-13  and failure to pay assessments, and inserting in lieu 
  1-14  thereof the following: 
 
  1-15    "34-9-359. 
 
  1-16    (a) As soon as practicable after January 1 but not later 
  1-17    than January 31 of each calendar year, the administrator 
  1-18    shall forward to each insurer and self-insured employer a 
  1-19    questionnaire asking for the total amount of compensation, 
  1-20    medical benefits, and rehabilitation benefits paid by each 
  1-21    insurer and self-insured employer during the preceding 
  1-22    calendar year.  This report is to be completed and 
  1-23    returned to the administrator no later than March 1 of the 
  1-24    same calendar year in which the request for this 
  1-25    information is submitted.  Failure to submit the report to 
  1-26    the administrator of the fund by March 1 shall result in 
  1-27    an automatic penalty of $50.00 $10.00 per day for each day 
  1-28    the report is delinquent or 10 percent of the assessment, 
  1-29    whichever is greater. This penalty will be added to the 
  1-30    assessment. 
 
  1-31    (b) Any assessment levied or established in accordance 
  1-32    with this article in a specified amount as may be 
  1-33    determined pursuant to this article shall constitute a 
  1-34    personal debt of every employer or insurer so assessed and 
 
 
                                 -1- 
 
 
 
  2- 1    shall be due and payable to the Subsequent Injury Trust 
  2- 2    Fund when payment is called for by the administrator. In 
  2- 3    the event of failure to pay any assessment upon the date 
  2- 4    determined by the administrator, the administrator may 
  2- 5    file a complaint for collection against the employer or 
  2- 6    insurer in a court of competent jurisdiction. 
 
  2- 7    (c) In the event any employer or insurer duly assessed 
  2- 8    fails to pay to the administrator on behalf of the 
  2- 9    Subsequent Injury Trust Fund the amount so assessed on or 
  2-10    before the date specified by the administrator, the 
  2-11    administrator is authorized to add to the unpaid 
  2-12    assessment an amount not exceeding 10 percent of the 
  2-13    unpaid assessment $10.00 per day for each day payment is 
  2-14    delinquent and reasonable attorney's fees to defray the 
  2-15    cost of enforcing collection." 
 
  2-16                           SECTION 2. 
 
  2-17  All laws and parts of laws in conflict with this Act are 
  2-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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