24 HB 984/AP
House Bill 984 (AS PASSED HOUSE AND SENATE)
By: Representatives Lumsden of the 12
th
, Tarvin of the 2
nd
, Taylor of the 173
rd
, Williams of
the 148
th
, and Gullett of the 19
th
A BILL TO BE ENTITLED
AN ACT
To amend Titles 25 and 33 of the Official Code of Georgia Annotated, relating to fire
1
protection and safety and insurance, respectively, so as to modernize the practices of the2
Office of Insurance and Safety Fire Commissioner and insurers to promote efficiency; to3
provide for the off-duty use of motor vehicles by certain law enforcement officers; to repeal4
a life insurance reserves requirement for small companies for accreditation purposes; to allow5
a plan sponsor of a health benefit plan to consent on behalf of a covered person to the6
electronic transmittal or electronic posting of such plan; to allow a covered person to opt out7
of such electronic transmittal or electronic posting; to allow for the continuation of coverage8
of a developmentally disabled or physically disabled dependent child under certain policies;9
to provide for related matters; to provide for effective dates and applicability; to repeal10
conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is14
amended in Chapter 2, relating to regulation of fire and other hazards to persons and property15
generally, by adding a new Code section to read as follows:16
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"25-2-8.1.17
(a)(1) Certified law enforcement officers employed by the office of Safety Fire18
Commissioner may use an office motor vehicle while working an off-duty job if such job19
requires vested police powers as a condition of employment, has been approved by the20
Commissioner, and has been determined by the Commissioner to be in furtherance of the21
office's mission and service to the state. Office motor vehicles used for off-duty22
employment shall not be used at any political function.23
(2) Except as otherwise provided for in this subsection, office motor vehicles shall be24
used only in the discharge of official duties.25
(3) Any other office equipment shall be used only with the express written approval of26
the Commissioner.27
(b) The Commissioner, in his or her sole discretion, in granting approval for such off-duty28
job in which an office motor vehicle is used, prior to the use of such vehicle, shall29
determine whether the off-duty employer provided for in subsection (a) of this Code30
section shall reimburse the office for use of the vehicle. When reimbursement is required,31
such off-duty employer shall enter into a written agreement with the office to pay an32
amount determined by the Commissioner to be sufficient to reimburse the office for the use33
of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such34
agreement, the office shall pay the employee of the office the compensation earned on35
off-duty employment whenever such employee performs such service in an office motor36
vehicle; provided, however, that such compensation shall not be characterized as direct37
employment compensation but shall be paid as services under contract.38
(c) Employees of the office operating an office motor vehicle pursuant to this Code section39
shall be deemed to be acting within the scope of their official duties and employment40
within the meaning of Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act,'41
and the commissioner of administrative services shall provide liability coverage for claims42
arising out of such use.43
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(d) The Commissioner shall adopt rules and regulations governing the use of office motor44
vehicles and equipment by off-duty office employees subject to Code Section 25-2-4."45
SECTION 2.46
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in47
Chapter 2, relating to department and Commissioner, by revising Code Section 33-2-8, which48
is reserved, as follows:49
"33-2-8.50
(a)(1) Certified law enforcement officers employed by the department may use a51
department motor vehicle while working an off-duty job if such job requires vested police52
powers as a condition of employment, has been approved by the Commissioner, and has53
been determined by the Commissioner to be in furtherance of the department's mission54
and service to the state. Department motor vehicles used for off-duty employment shall55
not be used at any political function.56
(2) Except as otherwise provided for in this subsection, department motor vehicles shall57
be used only in the discharge of official duties.58
(3) Any other department equipment shall be used only with the express written approval59
of the Commissioner.60
(b) The Commissioner, in his or her sole discretion, in granting approval for such off-duty61
job in which a department motor vehicle is used, prior to the use of such vehicle, shall62
determine whether the off-duty employer provided for in subsection (a) of this Code63
section shall reimburse the department for use of the vehicle. When reimbursement is64
required, such off-duty employer shall enter into a written agreement with the department65
to pay an amount determined by the Commissioner to be sufficient to reimburse the66
department for the use of the vehicle and to pay the off-duty employee sufficient67
compensation. Pursuant to such agreement, the department shall pay the employee of the68
department the compensation earned on off-duty employment whenever such employee69
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performs such service in a department motor vehicle; provided, however, that such70
compensation shall not be characterized as direct employment compensation but shall be71
paid as services under contract.72
(c) Employees of the department operating a department motor vehicle pursuant to this73
Code section shall be deemed to be acting within the scope of their official duties and74
employment within the meaning of Article 2 of Chapter 21 of Title 50, 'The Georgia Tort75
Claims Act,' and the commissioner of administrative services shall provide liability76
coverage for claims arising out of such use.77
(d) The Commissioner shall adopt rules and regulations governing the use of department78
motor vehicles and equipment by off-duty department employees. Reserved."79
SECTION 3.80
Said title is further amended by repealing subsection (t) of Code Section 33-10-13, relating81
to standard valuation.82
SECTION 4.83
Said title is further amended by revising Code Section 33-24-14.1, relating to electronic84
delivery of plan documentation, as follows:85
"33-24-14.1.86
(a) As used in this Code section, the term:87
(1) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into,88
offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse89
any of the costs of healthcare services, including a vision or dental benefit plan.90
(2) 'Plan sponsor' means a person, other than a regulated entity, who establishes, adopts,91
or maintains a health benefit plan that covers residents of this state, including a plan92
established, adopted, or maintained by an employer or jointly by an employer and one or93
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more employee organizations, an association, a committee, a joint board of trustees, or
94
any similar group of representatives who establish, adopt, or maintain a plan.95
(b) The plan sponsor of a health benefit plan may, on behalf of a party enrolled in the plan,
96
provide the consent to the mailing covered person, consent to the delivery of the plan by97
electronic transmittal or electronic posting, to the delivery of all communications related98
to the plan by electronic means otherwise required by paragraph (2) of subsection (d) of99
Code Section 33-24-14, and to the electronic delivery of any health insurance identification100
card required by Code Section 33-24-57.1.101
(c) Before consenting on behalf of a party covered person, a plan sponsor must shall102
confirm that the party covered person routinely uses electronic communications during the103
normal course of employment.104
(c.1) Before providing delivery of a health benefit plan by electronic transmittal or105
electronic posting, the insurer for the plan shall:106
(1) Provide the covered person an opportunity to opt out of the electronic transmittal or107
electronic posting of the plan; and108
(2) Document that the remaining conditions under subparagraphs (a)(2)(B) through109
(a)(2)(E) of Code Section 33-24-14 are satisfied.110
(d) Before providing delivery of communications related to the plan or a health insurance111
identification card by electronic means, the insurer for the health benefit plan must shall:112
(1) Provide the party covered person an opportunity to opt out of delivery by electronic113
means; and114
(2) Document that the remaining conditions under paragraphs (4) through (9) of115
subsection (d) of Code Section 33-24-14 are satisfied."116
SECTION 5.117
Said title is further amended by revising Code Section 33-24-28, relating to termination of118
coverage of dependent child upon attainment of specified age, as follows:119
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"33-24-28.
120
(a) An individual hospital or medical expense insurance policy or hospital contract which121
provides that coverage of a dependent child shall terminate upon attainment of the limiting122
age for dependent children specified in the policy or contract shall also provide in123
substance that attainment of the limiting age shall not operate to terminate the coverage of124
the child while the child is and continues to be both incapable of self-sustaining
125
employment by reason of developmental disability or physical disability as determined by126
the Department of Behavioral Health and Developmental Disabilities and chiefly127
dependent upon the policyholder or subscriber for support and maintenance, provided proof128
of incapacity developmentally disabled or physically disabled, provided that proof of129
disability and dependency is furnished to the insurer or hospital by the policyholder or130
subscriber within 31 days of the child's attainment of the limiting age and subsequently as131
may be required by the insurer or corporation but not more frequently than annually after132
the two-year period following the child's attainment of the limiting age.133
(b) A group hospital or medical expense insurance policy or hospital contract which134
provides that coverage of a dependent child of an employee or other member of the covered135
group shall terminate upon attainment of the limiting age for dependent children specified136
in the policy or contract shall also provide in substance that attainment of such limiting age137
shall not operate to terminate the coverage of the child while the child is and continues to138
be both incapable of self-sustaining employment by reason of developmental disability or139
physical disability as determined by the Department of Behavioral Health and140
Developmental Disabilities and chiefly dependent upon the employee or member for141
support and maintenance, provided proof of incapacity developmentally disabled or142
physically disabled, provided that proof of disability and dependency is furnished to the143
insurer or hospital by the employee or member within 31 days of the child's attainment of144
the limiting age and subsequently as may be required by the insurer or corporation but not145
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more frequently than annually after the two-year period following the child's attainment
146
of the limiting age.147
(c) This Code section shall apply equally to health insurance policies issued pursuant to148
Chapters 29 and 30 of this title, coverage by health maintenance organizations under149
Chapter 21 of this title, and health care plans under Chapter 20 of this title."150
SECTION 6.151
(a) This Act shall become effective upon its approval by the Governor or upon its becoming152
law without such approval, except as otherwise provided in subsection (b) of this section.153
(b) Section 4 of this Act shall become effective on July 1, 2024, and shall apply to all154
policies, certificates, or contracts issued, delivered, issued for delivery, or renewed in this155
state on or after such date.156
SECTION 7.157
All laws and parts of laws in conflict with this Act are repealed.158
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