08 LC 33
2254
House
Bill 992
By:
Representatives Hembree of the
67th,
Rice of the
51st,
Dollar of the
45th,
Davis of the
109th,
Smith of the
131st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating
to regulation of insurance rates, underwriting rules, and related organizations,
so as to provide that motorcycle safety courses approved by the Department of
Driver Services shall be included as approved driving courses for purposes of
reductions in premiums for motor vehicle liability and other coverages; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation
of insurance rates, underwriting rules, and related organizations, is amended by
revising Code Section 33-9-42, relating to reduction in premiums for motor
vehicle liability, as follows: "33-9-42.
(a)
For each personal or family-type policy of private passenger motor vehicle
insurance issued or issued for delivery in this state, there shall be offered by
the insurer a reduction of not less than 10 percent in premiums for motor
vehicle liability, first-party medical, and collision coverages to the
policyholder if all named drivers, as listed or who should be listed on the
policy application or provided in information subsequent to such application, of
each motor vehicle covered by such policy satisfy the requirements of subsection
(b) or subsection (c), as applicable, of this Code section.
(b)
Reductions in premiums shall be available if all named drivers who are 25 years
of age or older:
(1)
Have committed no traffic offenses for the prior three years or since the date
of licensure, whichever is shorter;
(2)
Have had no claims based on fault against an insurer for the prior three years;
and
(3)
Complete one of the following types of driving courses:
(A)
A course in defensive driving of not less than six hours from a driver
improvement clinic or commercial or noncommercial driving school approved by and
under the jurisdiction of the Department of Driver Services;
(B)
An emergency vehicles operations course at the Georgia Public Safety Training
Center;
(C)
A course in defensive driving of not less than six hours from a driver
improvement program which is administered by a nonprofit organization such as
the American Association of Retired People, the American Automobile Association,
the National Safety Council, or a comparable organization and which meets the
standards promulgated by the Department of Driver Services pursuant to
subsection (f) of this Code section;
or
(D)
A course in defensive driving of not less than six hours offered by an employer
to its employees and their immediate families, which course has been approved by
the Department of Driver
Services.;
or
(E)
A course in motorcycle safety of not less than six hours approved by the
Department of Driver Services.
(c)
Reductions in premiums shall be available if all named drivers who are under 25
years of age:
(1)
Have committed no traffic offenses for the prior three years or since the date
of licensure, whichever is shorter;
(2)
Have had no claims based on fault against an insurer for the prior three years;
and
(3)
Complete a preparatory course offered to new drivers of not less than 30 hours
of classroom training and not less than six hours of practical training by a
driver´s training school approved by and under the jurisdiction of the
Department of Driver Services or by an accredited secondary school, junior
college, or college.
(d)
Upon completion of one of the driving courses specified in paragraph (3) of
subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code
section by each named driver, eligibility for reductions in premiums for such
policy shall continue for a period of three years, provided any named driver
under such policy does not commit a traffic offense or have a claim against the
policy based on any such driver´s fault.
(e)
The Department of Driver Services shall assure through the supervision of driver
improvement clinics, emergency vehicles operations courses, driver improvement
programs administered by nonprofit organizations, and commercial or
noncommercial driving schools approved by the Department of Driver Services that
defensive driving courses shall be available and accessible wherever practicable
as determined by the department to licensed drivers throughout the
state.
(f)
Each insurer providing premium discounts under this Code section shall provide,
upon the request of the Commissioner, information regarding the amount of such
discounts in a form acceptable to the Commissioner.
(g)
The power of supervision granted to the Department of Driver Services over
driver improvement programs administered by nonprofit organizations under this
Code section shall be limited to the establishment of minimum standards and
requirements relative to the content of specific courses offered by such
programs and relative to investigation and resolution of any complaints directed
towards the content or operation of any course by a person enrolled in such
course. The Department of Driver Services may adopt rules and regulations
necessary to carry out the provisions of this subsection. The Department of
Driver Services shall not require a nonprofit organization to obtain a license
or permit or to pay a fee in order to administer a driver improvement program in
the state. The Department of Driver Services shall not require a commercial
driving school licensed by such department to obtain an additional license to
teach a defensive driving course, as described in subparagraph (b)(3)(A) or
paragraph (3) of subsection (c) of this Code section, at any location in this
state.
(h)
Nothing in this Code section shall prevent an insurer from offering the
reduction in premium specified in subsection (a) of this Code section to a
driver who does not meet all of the requirements of subsection (b) or subsection
(c), as applicable, of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.