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
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.