07 LC
36 0493
Senate
Bill 136
By:
Senators Hamrick of the 30th, Whitehead, Sr. of the 24th, Chapman of the 3rd and
Carter of the 13th
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; 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 a new Code Section 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 46-5-28.
(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 maintain said records at the place of
purchase for a period of at least one year:
(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; and
(3)
An associated record of the identification obtained from the
purchaser.
(c)
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laws and parts of laws in conflict with this Act are repealed.