05 LC 28
1891
Senate
Bill 11
By:
Senators Golden of the 8th, Stoner of the 6th, Meyer von Bremen of the 12th and
Jones of the 10th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 33-9-40.2 of the Official Code of Georgia Annotated, relating
to workers´ compensation insurance premium discount for insured with
drug-free workplace program, so as to remove the existing eight-year limitation
on the application of the discount; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 33-9-40.2 of the Official Code of Georgia Annotated, relating to
workers´ compensation insurance premium discount for insured with drug-free
workplace program, is amended by striking subsection (b) and inserting in lieu
thereof a new subsection (b) to read as follows:
"(b)(1)
The premium discount provided by this Code section shall be applied to an
insured´s policy of workers´ compensation insurance pro rata as of the
date the insured receives certification by the State Board of Workers´
Compensation and shall continue for
a period
not to exceed eight years
as long as the
insured maintains the certification as having a drug-free
workplace; provided, however, an insurer
shall not be required to credit the actual amount of the premium discount to the
account of the insured until the final premium audit under such policy.
Certification by an insured shall be required for each
of the
eight years
year
in which such premium discount is granted. Thereafter, any premium discount
pursuant to this article shall be determined from the insured´s experience
rating plan or in the case of an insured not rated upon experience, as provided
in paragraph (2) of this subsection.
(2)
With respect to an insured which is not rated upon experience, any premium
discount given an insured pursuant to this article after
the initial
eight-year period provided in paragraph (1) of this
subsection
ceasing to
qualify as a certified drug-free workplace
shall be determined by the Commissioner based upon data received from the rating
and statistical organization designated by the Commissioner pursuant to this
chapter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.