06 LC
14 9396
House
Bill 1377
By:
Representatives England of the
108th,
Dickson of the
6th,
Tumlin of the
38th,
Ralston of the
7th,
Bearden of the
68th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, relating to telephone service in general, so as to require certain
records and procedures with respect to the retail sale of prepaid cell phones;
to define terms; to require identification of the purchaser in retail sales; to
require identifying records of purchasers and phones to be generated and
maintained by retailers, manufacturers, and service suppliers; to provide
criminal penalties for noncompliance; to provide for other related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating
to telephone service in general, is amended by adding at its end a new Code
Section 46-5-29 to read as follows:
"46-5-29.
(a)
As used in this Code section, the term:
(1)
'Prepaid cell phone' means a telephone sold at retail for the provision of
wireless service under conditions where charges for the use of the phone are
paid in advance rather than billed to the customer.
(2)
'Service supplier' means a person or entity who or which provides wireless
service to an end user.
(3)
'Wireless service' has the same meaning specified in paragraph (3) of subsection
(a) of Code Section 48-5-28.
(b)
A person who makes a retail sale of a prepaid cell phone shall, as a
precondition to the sale, obtain and photograph or photocopy one or more
identification documents identifying the purchaser by name and address. The
seller shall for each retail sale make and keep for a period of at least three
years:
(1)
A record of the serial number and manufacturer of the phone sold;
(2)
An associated record of the service supplier who will supply service to the
phone;
(3)
An associated record of the identification obtained from the purchaser;
and
(4)
An associated record of the date and manner in which the information required
under paragraphs (1) through (3) of this subsection was transmitted as required
in subsection (c) of this Code section.
(c)
All persons making retail sales of prepaid cell phones shall, not less
frequently than monthly, transmit the records of each such sale required under
subsection (b) of this Code section to:
(1)
The manufacturer of the phone; and
(2)
The service supplier supplying service to the phone.
(d)
All manufacturers and service suppliers shall maintain the records supplied to
them under this Code section for a period of at least three years.
(e)
Any person who violates any provision of this Code section shall upon conviction
be guilty of a misdemeanor. Each separate transaction for which required
records are not generated or maintained shall constitute a separate
offense."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.