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HB659.html
01 LC 10 3429

House Bill 659
By: Representatives Bannister of the 77th, Millar of the 59th, Stephens of the 150th, Burkhalter of the 41st, Harbin of the 113th and others



A BILL TO BE ENTITLED
AN ACT

To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to provide that in any case where a marketer overcharges a retail customer as determined by an admission of the marketer or an agreement between the marketer and retail customer as to the amount of overcharge, the marketer shall be liable to the retail customer in an amount equal to three times the amount of overcharge which shall be refunded to the customer or credited to the customer´s account; to provide that in any case where a court finds that a marketer has overcharged a retail customer, the retail customer shall be entitled to recover treble damages and attorney´s fees; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:


SECTION 1.

Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," is amended by adding between Code Section 46-4-160 and 46-4-161 a new Code Section 46-4-160.1 to read as follows:
"46-4-160.1.
(a) In any case where a marketer overcharges a retail customer as determined by an admission of the marketer or an agreement between the marketer and retail customer as to the amount of overcharge, the marketer shall be liable to the retail customer in an amount equal to three times the amount of overcharge which shall be refunded to the customer or credited to the customer´s account.
(b) In any case where a court finds that a marketer has overcharged a retail customer, the retail customer shall be entitled to recover treble damages and attorney´s fees."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.