GA Code § 50-16-9 (2021)
2021 Georgia Code|Title 50 - State Government|Chapter 16 - Public Property|Article 1 - General Provisions|§ 50-16-9. Formulation of Self-Insurance Plan for State's Properties; Incentive Programs Authorized

  The Department of Administrative Services may formulate and initiate a plan of self-insurance for the state's properties. The department shall cause:   A complete appraisal to be made of all the state's insurable property as to value;   A complete classification to be made of all the state's insurable property by type of risk; and   A determination and recommendation to be made of the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the minimum claim to be paid on each risk, the type of additional or excess insurance coverage that may be required, the premiums to be charged, and any deductibles to be paid by state agencies and authorities.     The department is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the state insurance and hazard reserve fund provided for in this chapter.   Upon the formulation of a plan of self-insurance based on the foregoing determinations made and submitted by the Department of Administrative Services, the Governor, by executive order, may establish and effectuate a plan of self-insurance; and the General Assembly from time to time shall provide and maintain by appropriation an insurance reserve fund.    (Ga. L. 1960, p. 1160, § 2; Ga. L. 2008, p. 245, § 9/SB 425.)   OPINIONS OF THE ATTORNEY GENERAL   Scope of self-insurance plan.   - This section contemplates a self-insurance plan for all of the state's insurable property including the property owned by the various authorities which have been created by the legislature. 1960-61 Op. Att'y Gen. p. 12.   Use of discretion and judgment in formulation of plan.   - This section contemplates that the supervisor of purchases (now commissioner of administrative services) use the supervisor's (now commissioner's) best discretion and judgment in the formulation of the self-insurance plan which the supervisor (now commissioner) recommends to the Governor for adoption; and that in formulating such plan of self-insurance the supervisor (now commissioner) analyze the property of each authority and determine what, in the supervisor's (now commissioner's) best judgment, is in the best interest of the particular authority and the people (taxpayers) of Georgia; in formulating the plan it is suggested that the supervisor of purchases (now commissioner) confer with the members of each authority. 1960-61 Op. Att'y Gen. p. 12.   Comprehensive insurance plan.    - Ga. L. 1960, p. 1160, §§ 1-3 (see O.C.G.A. §§ 50-16-8,50-16-9, and50-16-11) contemplate one overall comprehensive plan covering all of the state's insurable property, and not a plan broken up into components of the various state departments and authorities. 1960-61 Op. Att'y Gen. p. 12.    Relation to O.C.G.A. §§ 50-16-8 and 50-16-11. - State authority-owned property comes within the purview of Ga. L. 1960, p. 1160, §§ 1-3 (see O.C.G.A. §§ 50-16-8,50-16-9, and50-16-11). 1960-61 Op. Att'y Gen. p. 12.   RESEARCH REFERENCES   ALR.    - Right or duty to carry insurance on public property, 100 A.L.R. 600.