Georgia House of Representatives - 1995/1996 Sessions

HB 269 - Elevators, etc.; violations; penalties

Page Numbers - 1/ 2

1. Orrock  56th


House Comm: Ind        /                Senate Comm: ST&I       /               
House Vote: Yeas 97    Nays 66          Senate Vote: Yeas 50  Nays 1            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/13/95  Read 1st Time         2/8/95                             
              1/23/95  Read 2nd Time         2/15/95                            
              2/2/95   Favorably Reported    2/14/95                            
              2/7/95   Read 3rd Time         3/10/95                            
              2/7/95   Passed/Adopted        3/13/95                            
                       Comm/Floor Amend/Sub  FA                                 
              2/7/95*  Notice to Reconsider                                     
              3/15*    Amend/Sub Agreed To                                      
              3/15*    Amend/Sub Disagreed To                                   
              3/29/95  Sent to Governor                                         
              4/10/95  Signed by Governor                                       
              284      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
Motion to Reconsider Lost                                                       
Action Suspended 3/10/95                                                        
Reconsidered Action in Disagreeing to Senate Amendment 3/15/95                  
                                                                                
Code Sections amended: 8-2-107                                                  


HB 269                                             HB 269/AP

      H. B. No. 269 (AS PASSED HOUSE AND SENATE)
      By:  Representative Orrock of the 56th



                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 8-2-107 of the Official Code of
  1- 2  Georgia Annotated, relating to penalties for the improper
  1- 3  installation, alteration, maintenance, or operation of
  1- 4  elevators, dumbwaiters, escalators, manlifts, and moving
  1- 5  walks, so as to provide that the violation of certain laws
  1- 6  shall constitute a misdemeanor; to change the provisions
  1- 7  relating to the authority to levy penalties; to change the
  1- 8  maximum amount of certain penalties and to provide for
  1- 9  additional penalties; to provide that the imposition of a
  1-10  penalty shall not excuse the violation or permit it to
  1-11  continue; to provide for related matters; to repeal
  1-12  conflicting laws; and for other purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Code Section 8-2-107 of the Official Code of Georgia
  1-15  Annotated, relating to penalties for the improper
  1-16  installation, alteration, maintenance, or operation of
  1-17  elevators, dumbwaiters, escalators, manlifts, and moving
  1-18  walks, is amended by striking subsection (b) in its entirety
  1-19  and inserting in lieu thereof a new subsection (b) to read
  1-20  as follows:

  1-21      "(b)(1) Any person, firm, partnership, or corporation
  1-22      which violates this part shall be guilty of a
  1-23      misdemeanor. Each day on which a violation occurs shall
  1-24      constitute a separate offense.

  1-25      (2) In addition to the penalty provisions in subsection
  1-26      (a) of this Code section and paragraph (1) of this
  1-27      subsection, the The Commissioner or local governing
  1-28      authority of a municipality or county shall have the
  1-29      power, after notice and hearing, to levy a civil penalty
  1-30      upon the owner or lessee of any elevator, escalator,
  1-31      manlift, moving walk, or dumbwaiter penalties as
  1-32      prescribed in the rules and regulations of the
  1-33      department in an amount not to exceed $500.00, $5,000.00 (Index)

                                                   HB 269/AP

  2- 1      upon such owner or lessee failing to discontinue the use
  2- 2      thereof as required by the enforcement authority
  2- 3      pursuant to the provisions of subsection (d) of Code
  2- 4      Section 8-2-102 any person, firm, partnership, or
  2- 5      corporation failing to adhere to the requirements of
  2- 6      this part and the rules and regulations promulgated
  2- 7      under this part. The imposition of a penalty for a
  2- 8      violation of this part or the rules and regulations
  2- 9      promulgated under this part shall not excuse the
  2-10      violation or permit it to continue."

                         SECTION 2.

  2-11  This Act shall become effective July 1, 1995.

                         SECTION 3.

  2-12  All laws and parts of laws in conflict with this Act are
  2-13  repealed.






























                             H. B. No. 269
                                 -2- (Index)