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:
<ins>"(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.
</ins>
<ins>(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."
</ins> 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 <ins>"(a)"</ins> on line 105.
By replacing lines 107 through 117 with the following:
<ins>Business Practices Act of 1975'; provided, however, that enforcement against such
violations shall be by public enforcement by the Attorney General."
</ins> By renumbering Section 4 as Section 5.