Georgia 2023-2024 Regular Session

Georgia Senate Bill SB243 Compare Versions

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

Old	New	Differences
1	1	23 LC 52 0278
2	2	S. B. 243
3	3	- 1 -
4	4	Senate Bill 243
5	5	By: Senators Jones of the 10th, Harbison of the 15th, Rahman of the 5th, Merritt of the 9th,
6	6	Butler of the 55th and others
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling
10	10	1
11	11	and other trade practices, so as to require a manufacturer to provide certain items necessary2
12	12	for the diagnosis, service, maintenance, or repair of a digital electronic product; to provide3
13	13	for a short title; to provide for definitions; to provide for statutory construction; to provide4
14	14	for enforcement, limitations, exclusions, and applicability; to provide for related matters; to5
15	15	repeal conflicting laws; and for other purposes.6
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
17	17	SECTION 1.8
18	18	Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other9
19	19	trade practices, is amended by adding a new article to read as follows:10
20	20	"ARTICLE 37
21	21	11
22	22	10-1-950.12
23	23	This article shall be known and may be cited as the 'Right to Repair Act.'13
24	24	10-1-951.14 23 LC 52 0278
25	25	S. B. 243
26	26	- 2 -
27	27	As used in this article, the term:15
28	28	(1) 'Authorized repair provider' means any person that is engaged in the diagnosis,16
29	29	service, maintenance, or repair of a digital electronic product in this state pursuant to an17
30	30	oral or written agreement with the manufacturer of such product to provide such services18
31	31	in the name of the manufacturer for a definite or indefinite period of time.19
32	32	(2) 'Diagnostic and repair information' means any information provided to an authorized20
33	33	repair provider by the manufacturer of a digital electronic product for the purposes of21
34	34	diagnosis, service, maintenance, or repair of the digital electronic product. Such term22
35	35	includes manuals, diagrams, reporting output, service code descriptions, repair technical23
36	36	updates, diagnostic software, service access passwords, updates and corrections to24
37	37	firmware, and any related information or documentation.25
38	38	(3) 'Digital electronic product' means any product or part of such product containing a26
39	39	microprocessor originally manufactured for distribution and sale in the United States.27
40	40	(4) 'Fair and reasonable terms' means an equitable purchase price for a part or product28
41	41	that takes into account but is not limited to the following factors:29
42	42	(A) The net cost to an authorized repair provider to purchase a similar part or product30
43	43	from a manufacturer, excluding any discounts, rebates, or other incentive programs;31
44	44	(B) The cost to a manufacturer to prepare and distribute the part or product, excluding32
45	45	any research and development costs incurred from the design, implementation, upgrade,33
46	46	or alteration of the part or product, but including amortized capital costs for the34
47	47	preparation and distribution of the part or product; and35
48	48	(C) The purchase price charged by other manufacturers for a similar part or product.36
49	49	(5) 'Independent repair provider' means any person engaged in the diagnosis, service,37
50	50	maintenance, or repair of a digital electronic product in this state that does not have an38
51	51	oral or written agreement with the manufacturer of such product to provide such services39
52	52	in the name of such manufacturer.40 23 LC 52 0278
53	53	S. B. 243
54	54	- 3 -
55	55	(6) 'Manufacturer' means a person that, in the ordinary course of business, is engaged in41
56	56	the manufacturing, assembling, selling, or leasing of a digital electronic product to42
57	57	consumers in this state and is engaged in the diagnosis, service, maintenance , or repair43
58	58	of such digital electronic product.44
59	59	(7) 'Owner' means any person that lawfully acquires a digital electronic product45
60	60	purchased or used in this state. Such term includes the ownership of a digital electronic46
61	61	product purchased or leased under a financing or periodic payment plan.47
62	62	(8) 'Part' means any replacement part, either new or used, made available by a48
63	63	manufacturer in order to provide maintenance or repair of a digital electronic product49
64	64	manufactured, assembled, sold, or leased by such manufacturer.50
65	65	(9) 'Person' means an individual, partnership, corporation, company, or association.51
66	66	(10) 'Trade secret' shall have the same meaning as provided for in Code52
67	67	Section 10-1-761.53
68	68	10-1-952.54
69	69	(a) A manufacturer shall:55
70	70	(1) Make diagnostic and repair information that is provided to an authorized repair56
71	71	provider available to an independent repair provider in the same manner and without any57
72	72	additional charge;58
73	73	(2) Make a part that is provided to an authorized repair provider available for purchase59
74	74	by an independent repair provider upon fair and reasonable terms; provided, however,60
75	75	that a manufacturer is under no obligation to make available a part that is not available61
76	76	to the manufacturer or the authorized repair provider; and62
77	77	(3) Make a diagnostic repair tool that incorporates the same diagnostic repair capabilities63
78	78	made available to an authorized repair provider available for purchase by an independent64
79	79	repair provider upon fair and reasonable terms.65 23 LC 52 0278
80	80	S. B. 243
81	81	- 4 -
82	82	(b) A manufacturer that sells diagnostic and repair information to an independent repair66
83	83	provider in a format that is standardized with other manufacturers shall not require an67
84	84	authorized repair provider to purchase such information in a proprietary format, unless the68
85	85	proprietary format includes information that is not available in the standardized format.69
86	86	(c) A manufacturer of a digital electronic product used for the purpose of providing70
87	87	security related functions shall not exclude information that is necessary to reset a security71
88	88	related electronic function from the diagnostic and repair information provided to an72
89	89	independent repair provider. If necessary for security purposes, a manufacturer may73
90	90	provide such information through a secure data release system.74
91	91	(d) A manufacturer that provides diagnostic and repair information relating to a digital75
92	92	electronic product to a third-party publication or service information system shall be76
93	93	deemed to be in compliance with the requirements of this Code section with respect such77
94	94	information.78
95	95	10-1-953.79
96	96	Nothing in this article shall be construed to:80
97	97	(1) Require a manufacturer to divulge information entitled to protection as a trade secret;81
98	98	(2) Interfere with, contradict, or alter the terms of an agreement in force between a82
99	99	manufacturer and an authorized repair provider; or83
100	100	(3) Require a manufacturer or authorized repair provider to provide access to information84
101	101	other than diagnostic and repair information provided by a manufacturer to an authorized85
102	102	repair provider pursuant to the terms of an agreement executed between the manufacturer86
103	103	and authorized repair provider.87
104	104	10-1-954.88
105	105	A violation of this article constitutes an unfair or deceptive practice in consumer89
106	106	transactions within the meaning of Part 2 of Article 15 of this chapter, the 'Fair Business90 23 LC 52 0278
107	107	S. B. 243
108	108	- 5 -
109	109	Practices Act of 1975.' All remedies, penalties, and authority granted to the Attorney91
110	110	General by that Act shall be available for the enforcement of this article.92
111	111	10-1-955.93
112	112	(a) An independent repair provider or owner that believes a manufacturer has violated this94
113	113	article shall notify such manufacturer of the alleged violation in writing. Such notice shall95
114	114	include a description of the alleged violation.96
115	115	(b) Upon receipt of notice as provided for in subsection (a) of this Code section, a97
116	116	manufacturer shall respond in writing and shall have a right to cure the alleged violation98
117	117	within 30 days of receiving such notice.99
118	118	(c) Either party may file an action concerning an alleged violation of this article in the100
119	119	superior court of the county in which the violation is alleged to have occurred.101
120	120	(d) Upon timely application to the court in which an action involving a violation of this102
121	121	chapter is pending, the Attorney General may intervene as a party at any time or may be103
122	122	heard at any time. The Attorney General's failure to intervene shall not preclude the104
123	123	Attorney General from bringing a separate action.105
124	124	10-1-956.106
125	125	This article shall apply to any digital electronic product sold or in use in this state on or107
126	126	after July 1, 2023."108
127	127	SECTION 2.109
128	128	All laws and parts of laws in conflict with this Act are repealed.110