Bill Text: GA HB275 | 2009-2010 | Regular Session | Introduced

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Bill Title: Telephone service; unsolicited commercial facsimile messages; change certain provisions

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2009-02-04 - House Second Readers [HB275 Detail]

Download: Georgia-2009-HB275-Introduced.html

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09 LC 25 5399

House Bill 275

By: Representatives Black of the 174th, Cheokas of the 134th, Williams of the 4th, Amerson of the 9th, Parsons of the 42nd, and others

A BILL TO BE ENTITLED
AN ACT

To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone service, so as to change certain provisions relating to transmission of unsolicited commercial facsimile messages; to change certain provisions relating to telephone solicitations to residential, mobile, or wireless subscribers and a state list of subscribers who object to solicitations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone service, is amended by revising subsection (a) of Code Section 46-5-25, relating to transmission of unsolicited commercial facsimile messages, as follows:

"(a) As used in this Code section, the term 'telefacsimile' shall refer to any process by which electronic signals are transmitted by or to any telephone system for conversion into written text, including but not limited to text displayed by a wireless telephone."

SECTION 2.

Said part is further amended by revising paragraph (3) of subsection (b) of Code Section 46-5-27, relating to telephone solicitations to residential, mobile, or wireless subscribers and a state list of subscribers who object to solicitations, as follows:

"(3) 'Telephone solicitation' means any voice communication or text message over a telephone line system for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications:

(A) To any residential, mobile, or wireless subscriber with that subscriber's prior express invitation or permission;

(B) By or on behalf of any person or entity with whom a residential, mobile, or wireless subscriber has a prior or current business or personal relationship; or

(C) By or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2.

Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.