06 LC 21
8640
House
Bill 1060
By:
Representatives Martin of the
47th,
Lewis of the
15th,
Roberts of the
154th,
Lunsford of the
110th,
and Freeman of the
140th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating
to telephone and telegraph service, so as to enact the "Wireless Communications
Security Act"; to define a certain term; to provide that any vendor of prepaid
wireless communication service shall require identification from any person
seeking to purchase more than ten units of prepaid wireless communication
devices; to provide for certain records; to provide for certain notifications;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone
and telegraph service, is amended by inserting at the end thereof the
following:
∀ARTICLE
6
46-5-200.
This
article shall be known and may be cited as the "Wireless Communications Security
Act."
46-5-201.
As
used in this article, the term 'prepaid wireless communication device' means a
wireless telephone, memory card, or other device by which a person may obtain
wireless service which, except for the provisions of this article, is incapable
of being linked to the name and personal information of the
customer.
46-5-202.
(a)
Any person who markets or sells prepaid wireless communication devices shall not
sell more than ten such devices to any person without obtaining valid
identification from such person. Valid identification shall include the
following documents:
(1)
A
driveŕs
license which was properly issued by the appropriate agency of a state or the
District of Columbia;
(2)
A valid identification card issued by a branch, department, agency, or entity of
the State of Georgia, any other state, or the United States authorized by law to
issue personal identification, provided that such identification card contains a
photograph of the person;
(3)
A valid United States passport;
(4)
A valid employee identification card containing a photograph of the person and
issued by any branch, department, agency, or entity of the United States
government;
(5)
A valid United States military identification card, provided that such
identification card contains a photograph of the person; or
(6)
A valid tribal identification card containing a photograph of the
person.
(b)
Any marketer or seller of prepaid wireless communication devices shall keep a
record of each sale subject to subsection (a) of this Code section, including,
at a minimum, the date and location of the transaction, the number of devices
sold, the model and serial numbers of the devices, the form of information
provided, and personal information of the purchaser including, without
limitation, his or her name, gender, age, and address. If the purchaser is a
corporation or partnership, such information shall be obtained from a corporate
officer or partner, and the name and registered address of the corporation or
partnership shall be noted. The records required by this subsection shall be
maintained for not less than three years.
46-5-203.
Each
marketer or seller of prepaid wireless communication devices shall provide a
copy of the records required by subsection (b) of Code Section 46-5-202 to the
Georgia Bureau of Investigation in such manner as required by the Georgia Bureau
of Investigation by rule or
regulation.∀
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.