O.C.G.A.

O.C.G.A. § 10-1-438 (2019)

Enhanced penalties for disaster related violations; civil action authorized

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) As used in this part, the term:

(1) “Attorney General” means the Attorney General or his or her designee.

(2) “Disaster related violation” means any violation of Part 1, 2, or 4 of this article, which violation involves:

(A) The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or

(B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.

(3) “Natural disaster” means any natural disaster for which a state of emergency is proclaimed by the Governor.

(b) Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.

(c) Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.

History

Code 1981, § 10-1-438, enacted by Ga.

L. 1995, p. 697, § 1; Ga. L. 2015, p. 1088, § 5/SB 148.

PART 7 FIREARMS INDUSTRY NONDISCRIMINATION

Annotations

Cross references. Right to bear arms, U.S. Const., amend. 2. Arms, right to keep and bear, Ga. Const. 1983, Art. I, Sec. I, Para. VIII. Editor’s notes. Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: “The General Assembly finds that: “(1) The ownership of firearms is a clear

and explicit right protected by the United States Constitution and the Constitution of this state; “(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and “(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law.”