25 LC 60 0080
Senate Bill 213
By: Senators Kirkpatrick of the 32nd, Cowsert of the 46th, Albers of the 56th, Rhett of the
33rd, Summers of the 13th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
1
Annotated, relating to the "Fair Business Practices Act of 1975," so as to ban commercial2
cheating services that target students and examinees seeking a professional license as an3
unlawful, unfair, and deceptive trade practice; to provide for definitions; to provide for4
statutory construction; to provide for related matters; to repeal conflicting laws; and for other5
purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,9
relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code10
Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful11
and examples, by deleting "and" at the end of paragraph (34), by replacing the period with12
"; and" at the end of paragraph (35), and by adding a new paragraph to read as follows:13
"(36) Failure to comply with the provisions of Code Section 10-1-393.20.
"14
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SECTION 2.
15
Said part is further amended by adding a new Code section to read as follows:16
"10-1-393.20.
17
(a) As used in this Code section, the term:18
(1) 'Assessment task' means any assignment, essay, thesis, dissertation, report,19
examination, project, or other assessable part of a course of study assigned or otherwise20
given to a student or examinee for credit.21
(2) 'Assignor' means:22
(A) Any local school system or public school, private school, or home study program23
in this state;24
(B) Any institution of the University System of Georgia or unit of the Technical25
College System of Georgia;26
(C) Any organization that issues a professional license in this state; or27
(D) Any employee or agent of such schools, programs, institutions, units, or28
organizations.29
(3) 'Commercial purpose' means a purpose relating to financial gain or other30
compensation.31
(4) 'For credit' means for evaluation by an assignor as a factor in the issuance of any32
grade, evaluation, degree, diploma, certification, certificate, credential, exam score, or33
professional license.34
(5) 'Home study program' means a home study program as defined in subsection (c) of35
Code Section 20-2-690.36
(6) 'Person' means any individual, partnership, firm, limited liability company,37
association, corporation, or other legal entity or unincorporated organization.38
(7) 'Private school' shall have the same meaning as private school set forth in39
subsection (b) of Code Section 20-2-690.40
(8) 'Student or examinee' means:41
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(A) Any student of a local school system or public school, a private school, or a home42
study program in this state;43
(B) Any student of an institution of the University System of Georgia or a unit of the44
Technical College System of Georgia; or45
(C) Any examinee for a professional license in this state.46
(9) 'Work product' means any written, electronic, recorded, pictorial, artistic, or other47
form of work.48
(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under49
this part, it shall be unlawful for any person, for a commercial purpose, to provide or50
otherwise cause to be provided any work product to a student or examinee in a substantially51
completed form that could, under the circumstances, reasonably be considered as being,52
or forming a part of, an assessment task.53
(c) No disclaimer or contractual language between a person providing work product and54
a student or examinee shall exempt such person from the provisions of subsection (b) of55
this Code section.56
(d) Nothing in this Code section shall be construed to:57
(1) Prohibit any person from providing tutorial assistance, research material, or general58
information to a student or examinee; or59
(2) Prohibit any person from providing an automated system, software, or platform that60
generates specific responses to a student's or examinee's prompts; provided, however, that61
such responses shall not constitute a substantially completed assessment task and the62
primary purpose of such automated system, software, or platform is not the provision of63
assessment tasks."64
SECTION 2.65
All laws and parts of laws in conflict with this Act are repealed.66
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