Exemptions

(a) This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any frame. (b) Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this part if it posts in a conspicuous place, at the site of the sale or auction, a disclaimer of any knowledge of the information specified in Code Section 10-1-432 and includes such a disclaimer in a catalogue, if any, distributed by the organization with respect to the sale or auction of fine art multiples. If a charitable organization uses or employs an art dealer to conduct a sale or auction of fine art multiples, the art dealer shall be subject to all disclosure requirements otherwise required of an art dealer under this part. History. Code 1981, § 10-1-437, enacted by Ga. L. 1986, p. 635, § 1. PART 6 DISASTER RELATED VIOLATIONS Editor’s notes. Ga. L. 1995, p. 697, § 2, not codified by the General Assembly, provides that this part applies with respect to violations occurring on or after April 18, 1995. 10-1-438. Enhanced penalties for disaster related violations; civil action authorized. (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. 343 10-1-439.1 (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