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HB 546 - Motor vehicles; cert drivers' info; electronic access by insurers

Heard, Keith G (89th)	Hugley, Carolyn F (133rd)	Shaw, Jay (176th)
DeLoach, Buddy (172nd)	Golick, Rich (30th)	Harbin, Ben (113th)

Status Summary	HC:	MotV	SC:		FR:	02/10/99	LA:	02/11/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licenses, so as to provide that drivers' operating records and personal information shall be accessible electronically or through the GeorgiaNet Authority to insurers or their agents; and for other purposes.

HB 546                                             LC 19 4139 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-5-2 of the Official Code of Georgia 
  1- 2  Annotated, relating to the keeping of records of 
  1- 3  applications for licenses and information on licensees, so 
  1- 4  as to provide that drivers' operating records and personal 
  1- 5  information shall be accessible electronically or through 
  1- 6  the GeorgiaNet Authority to insurers or their agents; to 
  1- 7  provide that no prior approval shall be required for release 
  1- 8  of information to an insurer or its agents through direct 
  1- 9  electronic access; to provide for related matters; to repeal 
  1-10  conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Code Section 40-5-2 of the Official Code of Georgia 
  1-14  Annotated, relating to the keeping of records of 
  1-15  applications for licenses and information on licensees, is 
  1-16  amended by striking in its entirety subparagraph (c)(1)(B) 
  1-17  and inserting in lieu thereof a new subparagraph (c)(1)(B) 
  1-18  to read as follows: 
 
  1-19        "(B) Pursuant to a written request, for use by any 
  1-20        insurer or insurance support organization, or by a 
  1-21        self-insured entity, or its agents, employees, or 
  1-22        contractors, in connection with claims investigation 
  1-23        activities, antifraud activities, rating, or 
  1-24        underwriting involving the driver; provided, however, 
  1-25        that notwithstanding the definition of personal 
  1-26        information under Code Section 40-5-1, personal 
  1-27        information furnished under this subparagraph shall be 
  1-28        limited to name, address, driver identification 
  1-29        number, and medical or disability information.  The 
  1-30        person who makes a written request for a driver's 
  1-31        operating record shall identify himself or herself and 
  1-32        shall have certified that the information contained in 
  1-33        the record will be used only for the purpose specified 
  1-34        in the request.  Further, the person making the 
  1-35        request shall certify that he or she has on file an 
 
 
                                 -1- 
 
 
 
  2- 1        application for insurance or for the renewal or 
  2- 2        amendment thereof involving the driver or drivers. 
  2- 3        The commissioner shall provide access to such 
  2- 4        information to an insurer or its authorized agents, 
  2- 5        employees, or contractors directly by electronic 
  2- 6        access to the files of the department or through the 
  2- 7        GeorgiaNet Authority, and the department shall bear no 
  2- 8        costs associated with such access;". 
 
  2- 9                           SECTION 2. 
 
  2-10  Said Code section is further amended by striking in its 
  2-11  entirety paragraph (1) of subsection (d) and inserting in 
  2-12  lieu thereof a new paragraph (1) to read as follows: 
 
  2-13      "(d)(1) The commissioner shall designate members of the 
  2-14      department to be the official custodians of the records 
  2-15      of the department.  No disclosure or release of 
  2-16      operating records or personal information shall be made 
  2-17      without the signed written approval of a designated 
  2-18      custodian; except that such approval shall not be 
  2-19      required for any release or disclosure through the 
  2-20      GeorgiaNet Authority pursuant to the signed written 
  2-21      consent of the driver, provided that any such signed 
  2-22      written consent shall be retained for a period of not 
  2-23      less than four years by the party requesting the 
  2-24      information; and except that such approval shall not be 
  2-25      required for any release or disclosure to an insurer or 
  2-26      its authorized agents, employees, or contractors through 
  2-27      direct access pursuant to the authorization provided in 
  2-28      subparagraph (c)(1)(B) of this Code section.  The 
  2-29      custodians may certify copies or compilations, including 
  2-30      extracts thereof, of the records of the department. 
  2-31      When so certified, such records shall be admissible as 
  2-32      evidence in any civil or criminal proceeding as proof of 
  2-33      the contents thereof." 
 
  2-34                           SECTION 3. 
 
  2-35  All laws and parts of laws in conflict with this Act are 
  2-36  repealed. 
 
 
 
 
 
 
 
 
 
 
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