08 LC
37 0641
House
Bill 1235
By:
Representative Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to change notice of insurance issuance requirements
for fleet policies; to provide for the reporting of fleet vehicles to the
Georgia Department of Revenue minimum liability insurance data base; to provide
for related matters; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising subparagraph (b)(1)(A) and striking subparagraph
(b)(1)(D) of Code Section 40-5-71, relating to notice of insurance issuance,
renewal, or termination, lapse fee, and suspension of license following
insurance termination and restricted driving permits, as follows:
"(b)(1)(A)
For purposes of aiding in the enforcement of the requirement of minimum motor
vehicle liability insurance, any insurer issuing or renewing in this state any
policy of motor vehicle liability insurance required by Chapter 34 of Title 33
other than
a fleet policy shall within 30 days after
the date the insurance agent binds the coverage or on the date such coverage was
renewed, whichever is applicable, provide notice of such insurance coverage by
electronic transmission to the department; except that once coverage data has
been electronically transmitted to the department, there shall be no requirement
to report on subsequent renewals of that coverage. Insurance coverage
information included in such notice of issue or renewal shall be limited
exclusively to name of insurer; vehicle identification number; the make and year
of the insured motor vehicle; and policy effective date. The department shall
not require the policy limits to be disclosed for purposes of this subparagraph.
For the purposes of this Code section, the vehicle identification number shall
be the vehicle identification number as that number is shown in the records of
the department. For the purposes of this Code section, the Commissioner of
Insurance shall furnish such notices to the department upon issuance of a
certificate of self-insurance."
"(D)
The reports required of insurers and the Commissioner of Insurance shall not
apply to any vehicle for which the vehicle coverage is provided by a fleet
policy."
SECTION
2.
Said
title is further amended in subsection (a) by revising paragraph (2.1) and
subparagraph (a)(8)(B) and by adding a new subparagraph to paragraph (8) of Code
Section 40-6-10, relating to insurance requirements for operation of motor
vehicles generally, as follows:
"(2.1)
If the
vehicle is insured under a fleet policy as defined in Code Section 40-2-137
providing the required minimum insurance coverage or
if the vehicle is engaged in interstate
commerce and registered under the provisions of Article 3A of Chapter 2 of this
title, the insurance information card issued by the insurer shall be considered
satisfactory proof of required minimum insurance coverage for the
vehicle."
"(B)
For purposes of this Code section on and after January 1, 2004,
and prior to
January 1, 2009, a valid insurance card
shall be sufficient proof of insurance only for any vehicle covered under a
fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet
policy shall contain at least the name of the insurer, policy number, policy
issue or effective date, policy expiration date, and the name of the insured and
may, but shall not be required to, include the year, make, model, and vehicle
identification number of the vehicle insured.
(B.1)
For purposes of this Code section on and after January 1, 2009, a valid
insurance card shall no longer be sufficient proof of insurance for any vehicle
covered under a fleet policy as defined in Code Section 40-5-71. The vehicle
shall be included in the minimum liability insurance data base of the Department
of Revenue."
SECTION
3.
Said
title is further amended by revising subsection (d) of Code Section 40-6-10,
relating to insurance requirements for operation of motor vehicles generally, as
follows:
"(d)
Except for vehicles insured
under a
fleet policy as defined in Code Section 40-2-137
or under a plan of self-insurance approved
by the Commissioner of Insurance, insurance coverage information from records of
the department shall be prima-facie evidence of the facts stated therein and
shall be admissible as evidence in accordance with Code Section 24-3-17 for the
purposes of this Code section."
SECTION
4.
This
Act shall become effective on January 1, 2009.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.