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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repealed.