25 LC 52 0723 House Bill 401 By: Representatives Frye of the 122 nd , Momtahan of the 17 th , Ridley of the 22 nd , Bell of the 75 th , Roberts of the 52 nd , and others A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to 1 regulation of rates, underwriting rules, and related organizations, so as to prohibit insurers2 from considering advertising costs when making or using insurance rates; to provide for a3 definition; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of7 rates, underwriting rules, and related organizations, is amended in Code Section 33-9-2,8 relating to definitions, by adding a new paragraph to read as follows: 9 "(0.5) 'Advertising costs' means any expenditures an insurer incurs to promote its 10 products, services, or brand through any media channel."11 SECTION 2.12 Said chapter is further amended in Code Section 33-9-4, relating to standards applicable to13 making and use of rates, by striking "and" at the end of paragraph (9), replacing the period14 at the end of paragraph (10) with "; and", and adding a new paragraph to read as follows: 15 H. B. 401 - 1 - 25 LC 52 0723 "(11) No insurer shall base any standard or rating plan in whole or in part, directly or16 indirectly, upon advertising costs."17 SECTION 3.18 All laws and parts of laws in conflict with this Act are repealed.19 H. B. 401 - 2 -