09 LC
21 0013
House
Bill 263
By:
Representative Peake of the
137th
A
BILL TO BE ENTITLED
AN ACT
To
amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to selling and other trade practices, so as to define certain terms; to provide
that any person offering in-home services shall conduct a criminal background
investigation of each employee; to provide that such persons shall not employ
individuals who have been convicted of certain crimes; to provide that any
violation shall be an unfair and deceptive act; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and
other trade practices, is amended by adding a new article to read as
follows:
"ARTICLE
35
10-1-930.
As
used in this article, the term 'in-home service' means any service offered to
the public which requires a person providing such service to enter a residence
or business.
10-1-931.
No
person shall offer or provide an in-home service in this state unless such
person and every employee who will be in a position of entering a residence or
business have undergone criminal background investigations to ensure that he or
she has not been convicted of a felony or a crime involving moral turpitude in
this state or any other jurisdiction.
10-1-932.
No
person offering or providing an in-home service shall employ any individual who
has been convicted of a felony or a crime involving moral turpitude in this
state or any other jurisdiction and whose civil rights have not been
restored.
10-1-933.
(a)
A violation of this article shall constitute an unfair and deceptive act or
practice in the conduct of consumer transactions under Part 2 of Article 15 of
this chapter, the 'Fair Business Practice Act.'
(b)
This article is cumulative with other laws and is not exclusive. The rights and
remedies provided for in this article shall be in addition to any other rights
and remedies that are otherwise available to a consumer under any other
law."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.