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