07 LC
36 0517
House
Bill 460
By:
Representatives Rogers of the
26th,
Smith of the
131st,
Smith of the
129th,
Harbin of the
118th,
Collins of the
27th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 7 of Title 46 of the Official Code of Georgia
Annotated, relating to penalties for violations administered by the Georgia
Public Service Commission, so as to increase the fine the commission may impose
for violations related to operating as a household goods carrier; to require
written verification from the commission of a valid certificate as household
goods carrier before allowing any advertisement holding out to the public that
the person, firm, or corporation is a household goods carrier for hire; to
require companies providing local and long distance service to disconnect the
advertised telephone service of uncertificated carriers upon receiving notice to
disconnect from the commission; to provide for the assessment of civil
penalties; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating
to penalties for violations administered by the Georgia Public Service
Commission, is amended by revising Code Section 46-7-91, relating to penalty for
holding oneself out as household goods carrier for hire without a valid
certificate of authority, as follows:
"46-7-91.
(a)
Whenever the commission, after a hearing conducted in accordance with the
provisions of subsection (b) of Code Section 46-7-90, finds that any person,
firm, or corporation is operating as a household goods carrier for hire without
a valid certificate issued by the commission or is holding itself out as such a
carrier without such a certificate in violation of subsection (b) of this Code
section, the commission may impose a fine of not more than
$5,000.00
$10,000.00
for each violation. The commission may assess the person, firm, or corporation
an amount sufficient to cover the reasonable expense of investigation incurred
by the commission. The commission may also assess interest at the rate
specified in paragraph (1) of subsection (b) of Code Section 46-7-90 on any fine
or assessment imposed, to commence on the day the fine or assessment becomes
delinquent. All fines, assessments, and interest collected by the commission
shall be paid into the general fund of the state treasury. Any party aggrieved
by a decision of the commission under this subsection may seek judicial review
as provided in subsection (c) of Code Section 46-7-90.
(b)
No person, firm, or corporation shall publish, republish, issue, affix,
broadcast, or cause or permit the publishing, republishing, issuing, affixing,
or broadcasting of any oral or written advertisement, broadcast, or other
representation to the public or any portion thereof that a purported or would be
advertiser is in operation as a household goods carrier for hire without first
procuring written verification from the commission that such person, firm, or
corporation holds a valid certificate as a household goods carrier. Any person,
firm, or corporation which publishes, republishes, issues, affixes, or
broadcasts in violation of this subsection shall be subject, after notice and
hearing before the commission, to the assessment of a civil penalty of up to
$10,000.00 per violation and an additional penalty of up to $10,000.00 per day
for each day such violation continues.
(c)
In addition to the civil penalties described in subsections (a) and (b) of this
Code section, the commission shall have the authority to direct any
telecommunications carrier to disconnect the telephone number published in any
commercial listing of any household goods carrier that does not have a valid
certificate issued by the commission. Failure by the telecommunications carrier
so notified by the commission to disconnect such uncertificated carrier within
ten days of receiving such notice shall subject the noncomplying
telecommunications company to assessment by the commission, after notice and
hearing, of civil penalties of up to $10,000.00 per violation and an additional
penalty of up to $10,000.00 per day for each day such violation
continues.
(b)(d)
Any person, firm, or corporation who knowingly and willfully issues, publishes,
or affixes or causes or permits the issuance, publishing, or affixing of any
oral or written advertisement, broadcast, or other holding out to the public, or
any portion thereof, that the person, firm, or corporation is in operation as a
household goods carrier for hire without having a valid certificate issued by
the commission is guilty of a misdemeanor. Any fine or assessment imposed by
the commission pursuant to the provisions of
subsection
subsections
(a) through
(c) of this Code section shall not bar
criminal prosecution pursuant to the provisions of this
subsection."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.