State Legislative Issues - 2011

Below are brief descriptions of bills that passed during the 2011 Georgia General Assembly session and links to more details.

• HB 66 - Certificate of Insurance

• HB 113 - Liens - Motor Vehicles

• HB 167 - Insurance Claims - Prompt Payment

• HB 239 - Housekeeping - Dept. of Banking and Finance

• HB 290 - State Purchase Cards

• HB 323 - Motor Vehicle Security Interest Perfection

• SB 134 - Guardianship

Certificate of Insurance
HB 66 by Rep. Maxwell. Creates a new process for the Insurance Commissioner to create or approve forms to be used to provide evidence of an insurance policy being in existence on a date certain. After learning more about how our members have used that form in the past, GBA joined a coalition of other stakeholders and obtained needed clarification of the form language that the Commissioner may approve.

Liens - Motor Vehicles
HB 113 by Rep. Powell. Adds lien rights on both the vehicle and its contents with some exceptions for those who transport or store an abandoned vehicle. HB 114 also by Rep. Powell. Clarifies that a fee beyond the existing $10 fee to assert lien rights shall not be charged unless the matter goes to court. In that case, normal court fees would apply. The two bills were combined into HB 114.

Insurance Claims - Prompt Payment
HB 167 by Rep. Davis. Would require an insurer to issue payment or explanation of a denial of a claim within 15 days of electronic submission or 30 days of paper submission. The Georgia Chamber of Commerce has opposed the bill on grounds that it would erode current employer protections under the federal Employee Retirement Security Income Act (ERISA) through amendments to the state’s prompt payment law.

Housekeeping - Dept. of Banking and Finance
HB 239 by Rep. Morris. Among the highlights in the bill: changing the "statutory capital base" definition to eliminate daily swings due to unrealized gains and losses in the bank's investment portfolio; clarifying the number, term and compensation of bank directors; and allowing Payable on Death accounts to be opened for corporations. There are a number of other provisions dealing with other regulated entities, but some of the original language in the bill has been removed. GBA worked with the Department to clarify language that would have made it a felony for directors, officers, agents or employees of banks if they made false statements to regulators with the intent to defraud the bank. After several drafts and following consultations with legislative leaders, the Department decided to ask that language be removed.

State Purchase Cards
HB 290 by Rep. Cheokas. Removes the recommendation passed last year that state agencies attempt to reduce the number of outstanding purchase cards by 10 percent.

Motor Vehicle Security Interest Perfection
HB 323 by Rep. Harden. Extends from 20 to 30 days the time allowed to deliver notice of a security interest in a motor vehicle to the local tag office or the Revenue Commissioner.

Guardianship
SB 134 by Sen. Hamrick contains technical corrections to legislation passed in a previous session.

We also archived the bills that passed and were considered in the 2010 session. Access the 2010 archive here.

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