Georgia 2025-2026 Regular Session

Georgia Senate Bill SB213 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 SB 213/AP
	1	+	25 SB 213/FA
2	2		Senate Bill 213
3	3		By: Senators Kirkpatrick of the 32nd, Cowsert of the 46th, Albers of the 56th, Rhett of the
4	4		33rd, Summers of the 13th and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
9	9		1
10	10		Annotated, relating to the "Fair Business Practices Act of 1975," so as to ban commercial2
11	11		cheating services that target students and examinees seeking a professional license; to limit3
12	12		enforcement to public enforcement by the Attorney General; to provide for definitions; to4
13	13		provide for statutory construction; to provide for related matters; to repeal conflicting laws;5
14	14		and for other purposes.6
15	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
16	16		SECTION 1.8
17	17		Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,9
18	18		relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code10
19	19		Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful11
20	20		and examples, by deleting "and" at the end of paragraph (34), by replacing the period with12
21	21		"; and" at the end of paragraph (35), and by adding a new paragraph to read as follows:13
22	22		"(36) Failure to comply with the provisions of Code Section 10-1-393.20.
23	23		"14
24	24		S. B. 213
25		-	- 1 - 25 SB 213/AP
	25	+	- 1 - 25 SB 213/FA
26	26		SECTION 2.
27	27		15
28	28		Said part is further amended by adding a new Code section to read as follows:16
29	29		"10-1-393.20.
30	30		17
31	31		(a) As used in this Code section, the term:18
32	32		(1) 'Assessment task' means any assignment, essay, thesis, dissertation, report,19
33	33		examination, project, or other assessable part of a course of study assigned or otherwise20
34	34		given to a student or examinee for credit.21
35	35		(2) 'Assignor' means:22
36	36		(A) Any local school system or public school, private school, or home study program23
37	37		in this state;24
38	38		(B) Any institution of the University System of Georgia or unit of the Technical25
39	39		College System of Georgia;26
40	40		(C) Any organization that issues a professional license in this state; or27
41	41		(D) Any employee or agent of such schools, programs, institutions, units, or28
42	42		organizations.29
43	43		(3) 'Commercial purpose' means a purpose relating to financial gain or other30
44	44		compensation.31
45	45		(4) 'For credit' means for evaluation by an assignor as a factor in the issuance of any32
46	46		grade, evaluation, degree, diploma, certification, certificate, credential, exam score, or33
47	47		professional license.34
48	48		(5) 'Home study program' means a home study program as defined in subsection (c) of35
49	49		Code Section 20-2-690.36
50	50		(6) 'Person' means any individual, partnership, firm, limited liability company,37
51	51		association, corporation, or other legal entity or unincorporated organization.38
52	52		(7) 'Private school' shall have the same meaning as private school set forth in39
53	53		subsection (b) of Code Section 20-2-690.40
54	54		(8) 'Student or examinee' means:41
55	55		S. B. 213
56		-	- 2 - 25 SB 213/AP
	56	+	- 2 - 25 SB 213/FA
57	57		(A) Any student of a local school system or public school, a private school, or a home42
58	58		study program in this state;43
59	59		(B) Any student of an institution of the University System of Georgia or a unit of the44
60	60		Technical College System of Georgia; or45
61	61		(C) Any examinee for a professional license in this state.46
62	62		(9) 'Work product' means any written, electronic, recorded, pictorial, artistic, or other47
63	63		form of work.48
64	64		(b) It shall be unlawful for any person, for a commercial purpose, to provide or otherwise49
65	65		cause to be provided any work product to a student or examinee in a substantially50
66	66		completed form that could, under the circumstances, reasonably be considered as being,51
67	67		or forming a part of, an assessment task.52
68	68		(c) No disclaimer or contractual language between a person providing work product and53
69	69		a student or examinee shall exempt such person from the provisions of subsection (b) of54
70	70		this Code section.55
71	71		(d) Any violation of subsection (b) of this Code section shall constitute an unfair or 56
72	72		deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 57
73	73		15 of this chapter, the 'Fair Business Practices Act of 1975'; provided, however, that 58
74	74		enforcement against such violations shall only be by public enforcement by the Attorney 59
75	75		General pursuant to this part and shall not be enforceable through a private right of action 60
76	76		under Code Section 10-1-399.61
77	77		(e) Nothing in this Code section shall be construed to:62
78	78		(1) Prohibit any person from providing tutorial assistance, research material, or general63
79	79		information to a student or examinee; or64
80	80		(2) Prohibit any person from providing an automated system, software, or platform that65
81	81		generates specific responses to a student's or examinee's prompts; provided, however, that66
82	82		such responses shall not constitute a substantially completed assessment task and the67
83	83		S. B. 213
84		-	- 3 - 25 SB 213/AP
	84	+	- 3 - 25 SB 213/FA
85	85		primary purpose of such automated system, software, or platform is not the provision of68
86	86		assessment tasks."69
87	87		SECTION 3.70
88	88		Said part is further amended in subsection (a) of Code Section 10-1-399, relating to civil71
89	89		actions for violations and remedies, by striking "Any" at the beginning of subsection (a),72
90	90		and inserting "Except as otherwise provided, any" in lieu thereof.73
91	91		SECTION 4.74
92	92		All laws and parts of laws in conflict with this Act are repealed.75
93	93		S. B. 213
94	94		- 4 -