Floor Amend 3 AM 62 0005 to SB 57

ADOPTED Senators Kennedy of the 18th, Summers of the 13th, Dolezal of the 27th, Cowsert of the 46th, and Goodman of the 8th offered the following amendment #3: Amend the Senate Committee on Judiciary substitute to SB 57 (LC 62 0129S) by removing "and private enforcement" on lines 3 and 4 and replacing it with "enforcement; to provide for penalties" By inserting between lines 32 and 33 the following: Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended in Code Section 10-1-439.3, relating to role of Attorney General in prosecuting violators and civil penalties, by adding a new subsection to read as follows: "(d)(1) In an action brought pursuant to this Code section for violation of Part 10 of this article, the Attorney General: (A) Notwithstanding paragraph (3) of subsection (a) of this Code section, shall seek to recover up to $10,000.00 in civil penalties for the first violation, up to $50,000.00 in civil penalties for a second violation, and $250,000.00 for a third or subsequent violation; (B) May bring such action without providing the notice required under subsection (a) of this Code section; and (C) May refer such violator to the Department of Banking and Finance for investigation of any violations of Title 7 and the rules and regulations of the department arising from such violation. (2) If the Attorney General elects to not bring action for a violation of Part 10 of this article, the Attorney General shall prepare a report providing the reasons for not bringing such action and shall publish such report on the Department of Law's website." SECTION 4. By replacing lines 33 and 34 with the following: Said article is further amended by adding a new part to read as follows: By deleting "(a)" on line 105. By replacing lines 107 through 117 with the following: Business Practices Act of 1975'; provided, however, that enforcement against such violations shall be by public enforcement by the Attorney General." By renumbering Section 4 as Section 5.