1 | 1 | | 25 LC 52 0785 |
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2 | 2 | | House Bill 585 |
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3 | 3 | | By: Representatives Jones of the 47 |
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4 | 4 | | th |
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5 | 5 | | , Jones of the 25 |
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6 | 6 | | th |
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7 | 7 | | , Martin of the 49 |
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8 | 8 | | th |
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9 | 9 | | , Thomas of the 21 |
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10 | 10 | | st |
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11 | 11 | | , |
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12 | 12 | | and Gaines of the 120 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Titles 33 and 40 of the Official Code of Georgia Annotated, relating to insurance |
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18 | 18 | | 1 |
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19 | 19 | | and motor vehicles and traffic, respectively, so as to provide for an excluded driver under a2 |
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20 | 20 | | motor vehicle insurance policy; to provide for definitions; to require an insurer to identify3 |
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21 | 21 | | any excluded drivers in proof or evidence of required minimum insurance coverage; to4 |
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22 | 22 | | provide for rules; to provide a penalty for an excluded driver operating a motor vehicle5 |
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23 | 23 | | without proof of insurance; to provide for a penalty for an excluded driver operating a6 |
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24 | 24 | | vehicle without insurance; to provide for related matters; to repeal conflicting laws; and for7 |
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25 | 25 | | other purposes.8 |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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27 | 27 | | SECTION 1.10 |
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28 | 28 | | Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in11 |
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29 | 29 | | Chapter 7, relating to kinds of insurance, limits of risks, and reinsurance, by adding a new 12 |
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30 | 30 | | Code section to read as follows:13 |
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31 | 31 | | "33-7-16. |
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32 | 32 | | 14 |
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33 | 33 | | (a) As used in this Code section, the term:15 |
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34 | 34 | | H. B. 585 |
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35 | 35 | | - 1 - 25 LC 52 0785 |
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36 | 36 | | (1) 'Excluded driver' means any named individual expressly excluded from coverage16 |
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37 | 37 | | under a motor vehicle insurance policy.17 |
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38 | 38 | | (2) 'Motor vehicle insurance policy' means an automobile liability policy or motor18 |
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39 | 39 | | vehicle liability policy issued, delivered, or issued for delivery in this state to the owner19 |
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40 | 40 | | of a vehicle which provides at least the minimum bodily injury, death, and property20 |
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41 | 41 | | damage liability coverage as required by Code Section 33-7-11.21 |
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42 | 42 | | (b) An insurer may exclude a named individual from coverage under a motor vehicle22 |
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43 | 43 | | insurance policy, provided that such insurer includes a designation that identifies such23 |
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44 | 44 | | named individual as an excluded driver in the proof of required minimum insurance24 |
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45 | 45 | | coverage under Code Section 40-6-10.25 |
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46 | 46 | | (c) The Commissioner shall promulgate rules and regulations necessary to implement the26 |
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47 | 47 | | provisions of this Code section."27 |
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48 | 48 | | SECTION 2.28 |
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49 | 49 | | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is29 |
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50 | 50 | | amended in Chapter 6, relating to uniform rules of the road, by revising paragraph (6) of30 |
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51 | 51 | | subsection (a) and subsection (b) of Code Section 40-6-10, relating to insurance requirements31 |
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52 | 52 | | for operation of motor vehicles generally, as follows:32 |
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53 | 53 | | "(6) If a law enforcement officer of this state determines that the owner or operator of a33 |
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54 | 54 | | motor vehicle subject to the provisions of this Code section does not have proof or34 |
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55 | 55 | | evidence of required minimum insurance coverage or that the operator of such motor35 |
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56 | 56 | | vehicle is an excluded driver under the motor vehicle insurance policy for such vehicle36 |
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57 | 57 | | and does not have other proof of insurance, the arresting officer shall issue a uniform37 |
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58 | 58 | | traffic citation for operating a motor vehicle without proof of insurance. If the court or38 |
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59 | 59 | | arresting officer determines that the operator is not the owner, then a uniform traffic39 |
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60 | 60 | | citation may be issued to the owner for authorizing the operation of a motor vehicle40 |
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61 | 61 | | without proof of insurance."41 |
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62 | 62 | | H. B. 585 |
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63 | 63 | | - 2 - 25 LC 52 0785 |
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64 | 64 | | "(b) An owner or any other person who knowingly operates or knowingly authorizes |
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65 | 65 | | 42 |
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66 | 66 | | another to operate a motor vehicle without effective insurance on such vehicle or without43 |
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67 | 67 | | an approved plan of self-insurance or an operator of a motor vehicle who is an excluded |
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68 | 68 | | 44 |
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69 | 69 | | driver under the motor vehicle insurance policy for such vehicle and who does not have45 |
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70 | 70 | | other effective insurance shall be guilty of a misdemeanor and, upon conviction thereof,46 |
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71 | 71 | | shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment47 |
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72 | 72 | | for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty48 |
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73 | 73 | | of a violation of this Code section if such operator maintains a policy of motor vehicle49 |
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74 | 74 | | insurance which extends coverage to any vehicle the operator may drive. An owner or50 |
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75 | 75 | | operator of a motor vehicle shall not be issued a citation by a law enforcement officer for51 |
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76 | 76 | | a violation of this Code section if the sole basis for issuance of such a citation is that the52 |
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77 | 77 | | law enforcement officer is unable to obtain insurance coverage information from the53 |
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78 | 78 | | records of the Department of Revenue."54 |
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79 | 79 | | SECTION 3.55 |
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80 | 80 | | All laws and parts of laws in conflict with this Act are repealed.56 |
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81 | 81 | | H. B. 585 |
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82 | 82 | | - 3 - |
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