Georgia 2023-2024 Regular Session

Georgia House Bill HB64 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 52 0153
2	2	H. B. 64
3	3	- 1 -
4	4	House Bill 64
5	5	By: Representative Thomas of the 65
6	6	th
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to
11	11	1
12	12	identification and regulation of motor vehicles, so as to require a household goods carrier to2
13	13	provide a customer or prospective customer with a written binding or nonbinding estimate3
14	14	prior to contracting to provide services for the transportation of household goods for such4
15	15	customer; to provide for a short title; to provide for definitions; to require a household goods5
16	16	carrier to include certain provisions in nonbinding and binding estimates for the6
17	17	transportation of household goods, relinquish possession of household goods under certain7
18	18	conditions, and defer demand for payment of additional charges; to require household goods8
19	19	carriers to relinquish possession of household goods so long as a specified percentage of9
20	20	payment has been made; to prohibit household goods carriers from retaining possession of10
21	21	certain items under any circumstance; to allow household goods carriers to bill for11
22	22	unforeseen circumstances and impracticable operations after 30 days; to provide for related12
23	23	matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.13
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 52 0153
25	25	H. B. 64
26	26	- 2 -
27	27	SECTION 1.
28	28	15
29	29	Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and16
30	30	regulation of motor vehicles, is amended by adding a new Code section to read as follows:17
31	31	"40-1-118.1.
32	32	18
33	33	(a) This Code section shall be known and may be cited as the 'Georgia Mover to Mover19
34	34	Act.'20
35	35	(b) As used in this Code section, the term:21
36	36	(1) 'Binding estimate' means a written agreement made in advance between a household22
37	37	goods carrier and a customer in which the carrier guarantees that the customer will not23
38	38	be required to pay more than the amount of the estimate based upon the quantities and24
39	39	services agreed to in the estimate.25
40	40	(2) 'Customer' means a person or entity that hires or utilizes a household goods carrier26
41	41	to transport household goods or for ancillary services related to the transportation of27
42	42	household goods, regardless of the contractual relationship or lack thereof between such28
43	43	person or entity and household goods carrier.29
44	44	(3) 'Household goods' means the personal effects or other personal property commonly30
45	45	found in a home, personal residence, or other dwelling, including, but not limited to,31
46	46	household furniture, household appliances, kitchenware, electronic equipment, tools,32
47	47	apparel, and other items used for the comfort of the owner and his or her family.33
48	48	(4) 'Household goods carrier' means a carrier that, in the normal course of its business34
49	49	of transporting household goods, offers some or all of the following services: binding and35
50	50	nonbinding estimates; inventorying; protective packing and unpacking of individual items36
51	51	at a home, personal residence, or other dwelling; and loading and unloading of such items37
52	52	at a home, personal residence, or other dwelling.38
53	53	(5) 'Impracticable operations' means conditions which make it physically impossible for39
54	54	the household goods carrier to perform pickup or delivery of household goods without40
55	55	specialized equipment or significant additional labor.41 23 LC 52 0153
56	56	H. B. 64
57	57	- 3 -
58	58	(6) 'Nonbinding estimate' means a written estimate made in advance by a household42
59	59	goods carrier and agreed to by a customer based upon an estimated weight of the43
60	60	shipment and the services requested that is not binding on such carrier. The final charges44
61	61	to the customer shall be based upon the actual weight of the shipment, the services45
62	62	provided, the tariff provisions in effect, and any fees for unforeseen circumstances or46
63	63	impracticable operations.47
64	64	(c) A household goods carrier shall provide a customer or prospective customer with a48
65	65	binding or nonbinding estimate prior to contracting to provide services for the49
66	66	transportation of household goods for such customer.50
67	67	(d) A household goods carrier providing a nonbinding estimate to a customer or51
68	68	prospective customer shall:52
69	69	(1) Clearly describe in the nonbinding estimate the volume and character of the53
70	70	household goods comprising the shipment that such carrier will transport and all services54
71	71	such carrier will provide as part of the contracted service, include all other information55
72	72	such carrier requires in order to provide a nonbinding estimate, and describe any56
73	73	unforeseen circumstances and impracticable operations that will result in additional57
74	74	charges and the amount of such charges;58
75	75	(2) Perform any and all transportation and services detailed in the nonbinding estimate59
76	76	at rates not to exceed the amounts provided in such estimate, and, upon the customer's60
77	77	payment of no more than 110 percent of the estimated charges in the nonbinding61
78	78	estimate, relinquish possession of or deliver the customer's shipment as agreed and62
79	79	without delay; and63
80	80	(3) Defer demand for the payment of the balance of any charges in excess of 110 percent64
81	81	of the estimated charges in the nonbinding estimate for a period of 30 days after65
82	82	relinquishing possession of or delivering the shipment.66
83	83	(e) A household goods carrier providing a binding estimate to a customer or prospective67
84	84	customer shall:68 23 LC 52 0153
85	85	H. B. 64
86	86	- 4 -
87	87	(1) Clearly describe in the binding estimate the volume and character of the household69
88	88	goods comprising the shipment that such carrier will transport and all services such70
89	89	carrier will provide as part of the contracted service, include all other information such71
90	90	carrier requires in order to provide a binding estimate, and describe any unforeseen72
91	91	circumstances and impracticable operations that will result in additional charges and the73
92	92	amount of such charges;74
93	93	(2) Perform any and all transportation and services detailed in the binding estimate at75
94	94	rates not to exceed the amounts provided in such estimate, and, upon the customer's76
95	95	payment of no more than 100 percent of the estimated charges in the binding estimate,77
96	96	relinquish possession of or deliver the customer's shipment as agreed and without delay;78
97	97	and79
98	98	(3) Defer demand for the payment of the balance of any charges in excess of 100 percent80
99	99	of the estimated charges in the binding estimate for a period of 30 days after relinquishing81
100	100	possession of or delivering the shipment.82
101	101	(f) A household goods carrier shall relinquish possession of household goods to a customer83
102	102	and place such goods inside such customer's home, personal residence, or other dwelling,84
103	103	or as directed by the customer, unless the customer has not tendered payment in the amount85
104	104	specified in paragraph (2) of subsection (d) of this Code section for a nonbinding estimate86
105	105	or paragraph (2) of subsection (e) of this Code section for a binding estimate.87
106	106	(g) A household goods carrier shall not refuse to relinquish possession of prescription88
107	107	medicines, medical devices, legal documents, or goods for use by children, including89
108	108	children's furniture, school materials, clothing, and toys.90
109	109	(h) A household goods carrier may bill a customer for unforeseen circumstances at the91
110	110	destination of the move and for impracticable operations at pickup or delivery 30 days after92
111	111	relinquishing possession of or delivering the shipment.93
112	112	(i) The commissioner is authorized to make such rules and regulations and prescribe such94
113	113	forms as are necessary to carry out the provisions of this Code section."95 23 LC 52 0153
114	114	H. B. 64
115	115	- 5 -
116	116	SECTION 2.
117	117	96
118	118	This Act shall become effective upon its approval by the Governor or upon its becoming law97
119	119	without such approval.98
120	120	SECTION 3.99
121	121	All laws and parts of laws in conflict with this Act are repealed.100