Georgia 2025-2026 Regular Session

Georgia Senate Bill SB81 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 SB 81/AP
	1	+	25 SB 81/CSFA
2	2		Senate Bill 81
3	3		By: Senators Brass of the 6th, Walker III of the 20th, Summers of the 13th, Kennedy of the
4	4		18th, Jones II of the 22nd and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
9	9		1
10	10		relating to motor vehicle franchise practices, so as provide for protection of consumer data2
11	11		in motor vehicle sales or lease transactions by affiliates of franchisors, manufacturers, and3
12	12		distributors; to provide for procedures, conditions, and limitations on the use of motor4
13	13		vehicle dealer data; to provide for standards for access and integration of data collected and5
14	14		maintained by dealers and by third parties on behalf of dealers; to provide for applicability;6
15	15		to provide for requirements of franchisors, manufacturers, and distributors in relation to7
16	16		dealers; to provide for additional unlawful activities by franchisors; to revise legislative8
17	17		findings; to provide for definitions; to amend Code Section 40-2-39 of the Official Code of9
18	18		Georgia Annotated, relating to registration and licensing of new motor vehicle dealers,10
19	19		temporary site permits, administrative fines, and penalty, so as to provide for activities which11
20	20		qualify as activity as a new motor vehicle dealer; to provide for related matters; to repeal12
21	21		conflicting laws; and for other purposes.13
22	22		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
23	23		S. B. 81
24		-	- 1 - 25 SB 81/AP
	24	+	- 1 - 25 SB 81/CSFA
25	25		SECTION 1.
26	26		15
27	27		Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to16
28	28		motor vehicle franchise practices, is amended by revising Code Section 10-1-621, relating17
29	29		to legislative findings, as follows:18
30	30		"10-1-621.19
31	31		The General Assembly finds and declares that:20
32	32		(1) The distribution and sale of motor vehicles within this state are vital to the general21
33	33		economy of this state and to the public interest and public welfare;22
34	34		(2) The provision for warranty service, recall service,
35	35		and the repair of predelivery23
36	36		transportation damages to motor vehicles is of substantial concern to the people of this24
37	37		state;25
38	38		(3) Robust competition among dealers benefits consumers through competitive pricing,26
39	39		service, and convenient repair facilities, thus the The maintenance of full and fair27
40	40		inter-brand and intra-brand competition among dealers and others is in the public interest;28
41	41		and29
42	42		(4) The maintenance of strong and sound dealerships is essential to provide continuing30
43	43		and necessary reliable services to the consuming public in this state, to the introduction31
44	44		of new automotive technology and support and maintenance of such after a sale, to32
45	45		protect against the creation or perpetuation of monopolies and other practices that are33
46	46		detrimental to public welfare and local businesses, and to provide stable employment to34
47	47		the citizens of this state."35
48	48		SECTION 2.36
49	49		Said article is further amended by revising Code Section 10-1-632, relating to protection of37
50	50		consumer data in motor vehicle sales or lease transactions and burden of proof for violations,38
51	51		as follows:39
52	52		S. B. 81
53		-	- 2 - 25 SB 81/AP
	53	+	- 2 - 25 SB 81/CSFA
54	54		"10-1-632.
55	55		40
56	56		(a) With respect to consumer data, a franchisor, manufacturer, distributor, or affiliate
57	57		41
58	58		thereof or a third party acting on behalf of a franchisor, manufacturer, or distributor, or42
59	59		affiliate thereof:43
60	60		(1) Shall comply with and shall not cause a dealer to violate any applicable restrictions44
61	61		on reuse or disclosure of the consumer data established by federal or state law;45
62	62		(2) Shall provide a written statement to the dealer upon request describing the established46
63	63		procedures adopted by such franchisor, manufacturer, distributor, or affiliate thereof or47
64	64		third party acting on behalf of the franchisor, manufacturer, or distributor which meet or48
65	65		exceed any federal or state requirements to safeguard the consumer data, including, but49
66	66		not limited to, those established in the federal Gramm-Leach-Bliley Act, 15 U.S.C.50
67	67		Section 6801, et seq.;51
68	68		(3) Shall, upon the written request of the dealer, provide a written list of the consumer52
69	69		data obtained from the dealer and all persons to whom any consumer data has been53
70	70		provided by the franchisor, manufacturer, distributor, or affiliate thereof or a third party54
71	71		acting on behalf of a franchisor, manufacturer, or distributor during the preceding six55
72	72		months. The dealer may make such a request no more than once every six months. The56
73	73		list must indicate the specific fields of consumer data which were provided to each57
74	74		person. Notwithstanding the foregoing, such a list shall not be required to include:58
75	75		(A) A person to whom consumer data was provided, or the specific consumer data59
76	76		provided to such person, if the person was, at the time such consumer data was60
77	77		provided, a service provider, subcontractor, or consultant acting in the course of61
78	78		performance of services on behalf of or for the benefit of the dealer, franchisor,62
79	79		manufacturer, distributor, third party, or dealer affiliate, provided that the dealer,63
80	80		franchisor, manufacturer, distributor, third party, or dealer affiliate has entered into an64
81	81		agreement with such person requiring that such person comply with the safeguard65
82	82		requirements of applicable state and federal law, including, but not limited to, those66
83	83		S. B. 81
84		-	- 3 - 25 SB 81/AP
	84	+	- 3 - 25 SB 81/CSFA
85	85		established in the federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801, et seq.;67
86	86		and68
87	87		(B) A person to whom consumer data was provided, or the specific consumer data69
88	88		provided to such person, if the dealer has previously consented in writing to such70
89	89		person receiving such consumer data and the dealer has not withdrawn such consent in71
90	90		writing; and72
91	91		(C) A person to whom consumer data was provided, or the specific consumer data 73
92	92		provided to such person, if that would require a franchisor, manufacturer, distributor, 74
93	93		or affiliate thereof to violate any applicable restrictions on reuse or disclosure of the 75
94	94		consumer data established by federal or state law;76
95	95		(4) May not require that a dealer grant the franchisor, manufacturer, distributor, or77
96	96		affiliate thereof or a third party acting on behalf of a franchisor, manufacturer, or78
97	97		distributor direct or indirect access to such dealer's data management system to obtain79
98	98		consumer data. A franchisor, manufacturer, distributor, affiliate, or a third party acting80
99	99		on behalf of a franchisor, manufacturer, or distributor must shall permit a dealer to81
100	100		furnish consumer data in a widely accepted file format, such as comma delimited, and82
101	101		through a third-party vendor selected by the dealer.; provided, however, that However,83
102	102		a franchisor, manufacturer, or distributor, or affiliate thereof or a third party acting on84
103	103		behalf of a franchisor, manufacturer, or distributor may access or obtain consumer data85
104	104		directly from a dealer's data management system with the express consent of the dealer. 86
105	105		Such consent shall The consent must be in the form of a written document that is separate87
106	106		from the parties' franchise agreement, is executed by the dealer, and may be withdrawn88
107	107		allow for withdrawal by the dealer upon 30 days' written notice to the franchisor,89
108	108		manufacturer, or distributor as applicable. For incentive programs beginning on or after90
109	109		July 1, 2019, such consent shall not be required as a condition to a motor vehicle dealer's91
110	110		participation in an incentive program unless such consent is necessary to obtain consumer92
111	111		data to implement the program; and93
112	112		S. B. 81
113		-	- 4 - 25 SB 81/AP
	113	+	- 4 - 25 SB 81/CSFA
114	114		(5) Shall indemnify the dealer for any third-party claims asserted against or damages
115	115		94
116	116		incurred by the dealer to the extent caused by access to, use of, or disclosure of consumer95
117	117		data in violation of this Code section by the franchisor, manufacturer, distributor,
118	118		or96
119	119		affiliate thereof or a third party to whom the franchisor, manufacturer, or distributor has97
120	120		provided consumer data.98
121	121		(b) Nothing contained in this Code section shall limit the ability of the a franchisor, the99
122	122		manufacturer, or distributor, or affiliate thereof to require that the dealer provide, or use in100
123	123		accordance with the law, such customer information related solely to such manufacturer's101
124	124		or distributor's own vehicle makes to the extent necessary to do any of the following:102
125	125		(1) Satisfy any safety or recall notice obligations or other legal notice obligations on the103
126	126		part of the manufacturer;104
127	127		(2) Complete the sale and delivery of a new motor vehicle to a customer;105
128	128		(3) Validate and pay customer or dealer incentives;106
129	129		(4) Submit to the franchisor, manufacturer, or distributor claims for any services supplied107
130	130		by the dealer for any claim for warranty parts or repairs;108
131	131		(5) Market analysis;109
132	132		(6) Evaluate sales and service customer satisfaction with the dealer, including surveys;110
133	133		or111
134	134		(7) Reasonable marketing purposes that benefit the dealer.112
135	135		(c) In any cause of action against a franchisor, manufacturer, or distributor, or affiliate113
136	136		thereof for a violation of this Code section, the party bringing the action shall have the114
137	137		burden of proof."115
138	138		SECTION 3.116
139	139		Said article is further amended by adding a new Code section to read as follows:117
140	140		"10-1-633.118
141	141		(a) As used in this Code section, the term:119
142	142		S. B. 81
143		-	- 5 - 25 SB 81/AP
	143	+	- 5 - 25 SB 81/CSFA
144	144		(1) 'Authorized integrator' means a third party with whom a dealer has entered into a120
145	145		written contract to perform a specific function which requires such third party to access121
146	146		protected dealer data or write data to a dealer data system or both.122
147	147		(2) 'Data access overcharge' means any charge to a dealer or person authorized to123
148	148		perform integration that is greater than an amount which reimburses direct costs incurred124
149	149		by a dealer data systems vendor for integration. When a dealer data systems vendor fails125
150	150		to disclose the direct costs of integration and provide documentation of such costs, any126
151	151		direct costs sought to be reimbursed shall be considered a data access overcharge.127
152	152		(3) 'Dealer data system' means any software or hardware provided by a third party and128
153	153		used by a dealer in its business operations to store, process, or maintain protected dealer129
154	154		data.130
155	155		(4) 'Dealer data systems vendor' means any third party that stores protected dealer data131
156	156		pursuant to written contract with a dealer and shall include a dealer management system132
157	157		or customer relations management system provided by a third party. Such term shall not133
158	158		include a manufacturer, distributor, or affiliate subject to Code Section 10-1-632.134
159	159		(5) 'Integration' means access by an authorized integrator to protected dealer data which135
160	160		does not require access to any copyright protected material but allows for access to all136
161	161		protected dealer data and which can be accomplished by any commercially reasonable137
162	162		means not otherwise in violation of this Code section.138
163	163		(6) 'Prior express written consent' means written consent provided by the dealer that is139
164	164		contained in a document separate from any other consent, contract, franchise agreement,140
165	165		or other writing and that specifically outlines a dealer's consent for an authorized141
166	166		integrator to obtain protected dealer data, including the scope and duration of such142
167	167		consent, and may be unilaterally revoked by the dealer upon 30 days' notice without143
168	168		cause and immediately with cause.144
169	169		(7) 'Protected dealer data' means any of the following data that is stored in a dealer data145
170	170		system:146
171	171		S. B. 81
172		-	- 6 - 25 SB 81/AP
	172	+	- 6 - 25 SB 81/CSFA
173	173		(A) Personal, financial, or other data pertaining to a consumer that is provided to a147
174	174		dealer by a consumer;148
175	175		(B) Motor vehicle diagnostic data; or149
176	176		(C) Any other data relating to the business operations of a dealer stored or maintained150
177	177		within a dealer data system.151
178	178		(8) 'Secure open application programming interface' or 'secure open API' means an152
179	179		application programming interface that allows an authorized integrator to integrate with153
180	180		a dealer data system remotely and securely.154
181	181		(9) 'STAR standards' means standards for the automotive retail industry established by155
182	182		the Standards for Technology in Automotive Retail organization.156
183	183		(10) 'Third party' includes service providers, vendors, including dealer data systems157
184	184		vendors and authorized integrators, and any other individual or entity other than a dealer. 158
185	185		Such term shall not include any manufacturer; distributor; affiliate of a manufacturer or159
186	186		distributor; a third party acting on behalf of or engaged contractually or by other160
187	187		agreement with a manufacturer or distributor or an affiliate thereof; any governmental161
188	188		entity acting pursuant to federal, state, or local law; or any third party acting pursuant to162
189	189		a valid court order.163
190	190		(b) It shall be unlawful for a third party to:164
191	191		(1) Access, share, sell, copy, use, or transmit protected dealer data from a dealer data165
192	192		system without the prior express written consent of a dealer;166
193	193		(2) Take any action, by contract, technical means, or otherwise, that would prohibit or167
194	194		limit a dealer's ability to protect, store, copy, share, or use any protected dealer data,168
195	195		including, but not limited to:169
196	196		(A) Imposing any data access overcharges or other restrictions of any kind on the170
197	197		dealer or any authorized integrator for integration;171
198	198		(B) Prohibiting an authorized integrator or any third party identified by a dealer as an172
199	199		authorized integrator that has satisfied or is compliant with the STAR standards, or a173
200	200		S. B. 81
201		-	- 7 - 25 SB 81/AP
	201	+	- 7 - 25 SB 81/CSFA
202	202		standard compatible with such standards, from performing integration or placing174
203	203		unreasonable restrictions on integration, which shall include, but not be limited to:175
204	204		(i) Unreasonable restrictions on the scope or nature of the data shared with an176
205	205		authorized integrator;177
206	206		(ii) Unreasonable restrictions on the ability of an authorized integrator to write data178
207	207		to a dealer data system;179
208	208		(iii) Unreasonable restrictions or conditions on a third party accessing or sharing180
209	209		protected dealer data or writing data to a dealer data system; and181
210	210		(iv) Requiring unreasonable access to sensitive, competitive, or other confidential182
211	211		business information of a third party as a condition for access to protected dealer data183
212	212		or as a condition to share protected dealer data with an authorized integrator;184
213	213		(C) Prohibiting or limiting a dealer's ability to store, copy, securely share, or use185
214	214		protected dealer data outside the dealer data system in any manner and for any reason;186
215	215		or187
216	216		(D) Permitting access to or accessing protected dealer data without prior express188
217	217		written consent by the dealer.189
218	218		(c)(1) A secure open application programming interface shall:190
219	219		(A) Be made available by a dealer data systems vendor to any authorized integrator191
220	220		upon request by a dealer;192
221	221		(B) Include all relevant endpoints to allow for access to all protected dealer data or to193
222	222		integrate with protected dealer data; and194
223	223		(C) Provide granularity and control necessary for dealers and authorized integrators to195
224	224		integrate the data necessary pursuant to contract terms between the dealer and196
225	225		authorized integrator.197
226	226		(2) For purposes of this Code section, secure open application programming shall not198
227	227		require that an application programming interface be available to the public or at no cost199
228	228		S. B. 81
229		-	- 8 - 25 SB 81/AP
	229	+	- 8 - 25 SB 81/CSFA
230	230		to an authorized integrator, provided that no data access overcharge may be assessed in200
231	231		connection with a secure open API.201
232	232		(d)(1) A dealer data systems vendor shall adopt and make available a standardized202
233	233		integration framework that allows for integration through secure open APIs to authorized203
234	234		integrators. In the event that application programming interfaces are no longer the204
235	235		reasonable commercial or technical standard for secure data integration, a similar open205
236	236		access integration method may be provided to the extent such method provides the same206
237	237		or better secure integration to dealers and authorized integrators as a secure open API. 207
238	238		Any dealer data systems vendor that utilizes STAR standards or a comparable system208
239	239		shall comply with the requirements of this subsection.209
240	240		(2) A dealer data systems vendor and authorized integrator:210
241	241		(A) Shall be authorized to integrate, or otherwise access, use, store, or share protected211
242	242		dealer data to the extent only outlined in and authorized by the dealer data systems212
243	243		vendor contract or authorized integrator contract;213
244	244		(B) Shall provide that any dealer data systems vendor contract or authorized integrator214
245	245		contract may be terminated upon no more than 90 days' notice from the dealer; and215
246	246		(C) Shall, in order to prevent any risk of consumer harm or inconvenience, ensure a216
247	247		secure transition of all protected dealer data to a successor dealer data systems vendor217
248	248		or authorized integrator upon notice of a dealer's intent to terminate a dealer data218
249	249		systems vendor contract or authorized integrator contract. The requirements of this219
250	250		subparagraph may be satisfied by taking any of the following actions:220
251	251		(i) Providing unrestricted access to all protected dealer data and all other data stored221
252	252		in the dealer data system within a commercially reasonable time and in a format that222
253	253		a successor dealer data systems vendor or authorized integrator is capable of223
254	254		accessing and using;224
255	255		(ii) Deleting or returning to the dealer all protected dealer data prior to termination225
256	256		of the contract pursuant to any written directions of the dealer;226
257	257		S. B. 81
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	258	+	- 9 - 25 SB 81/CSFA
259	259		(iii) Providing a dealer, upon request, with a list of all entities with whom it is sharing227
260	260		or has shared protected dealer data or to whom it has allowed access to protected228
261	261		dealer data; and229
262	262		(iv) Allowing a dealer to audit access to and use of any protected dealer data by the230
263	263		dealer data systems vendor or authorized integrator access.231
264	264		(3) Any dealer data systems vendor, authorized integrator, or third party acting232
265	265		pursuant to a written contract with or on behalf of a dealer shall indemnify the dealer233
266	266		for any third-party claims asserted against or damages incurred by the dealer from234
267	267		complaints, claims, or actions arising out of the willful, negligent, or impermissible use235
268	268		or disclosure of protected dealer data, customer data, or other sensitive information in236
269	269		a dealer data system by the dealer data system vendor, authorized integrator, or third237
270	270		party. Such indemnification shall include, but not be limited to, judgments, settlements,238
271	271		fines, penalties, litigation costs, defense costs, court costs, costs related to the disclosure239
272	272		of security breaches, and attorneys' fees arising out of complaints, claims, civil, or240
273	273		administrative actions.241
274	274		(e) A manufacturer, franchisor, distributor, or affiliate thereof, or any third party acting on242
275	275		behalf of a manufacturer, franchisor, distributor, or affiliate thereof; a data systems vendor;243
276	276		or dealer shall not prohibit a dealer from regularly and continually monitoring or auditing244
277	277		the specific data accessed from or written to a dealer data system or from complying with245
278	278		applicable state and federal laws or any rules or regulations promulgated thereunder. This246
279	279		subsection shall not impose an obligation on a manufacturer, franchisor, distributor, or247
280	280		affiliate thereof, a data systems vendor, or a third party to perform such monitoring or248
281	281		auditing.249
282	282		(f) A manufacturer, franchisor, distributor, data systems vendor or any third party acting250
283	283		on behalf of a manufacturer, franchisor, distributor, data systems vendor, or dealer shall not251
284	284		prohibit a dealer from copying, storing, or backing up data stored on its dealer data252
285	285		systems, or duplicating the critical components or functions thereof, for the purpose of253
286	286		S. B. 81
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	287	+	- 10 - 25 SB 81/CSFA
288	288		allowing a dealer to restore business operations in the event of a security breach or other254
289	289		event that renders a dealer data system inoperable. This subsection shall not impose an255
290	290		obligation on a manufacturer, franchisor, distributor, data systems vendor, or third party256
291	291		to provide such capabilities. This subsection shall not relieve a dealer from any contractual257
292	292		obligation relating to the safeguard, storage, copy, use, ownership, or sharing of or access258
293	293		to data.259
294	294		(g) A dealer data systems vendor or authorized integrator shall not be held responsible for260
295	295		any action taken directly by a dealer or for any appropriately taken action upon written261
296	296		request of a dealer to the extent that such action prevents such vendor or integrator from262
297	297		meeting any legal obligation regarding the protection of protected dealer data or results in263
298	298		any liability as a consequence of such actions by the dealer.264
299	299		(h) A dealer shall not be held responsible for any action taken directly by any of its dealer265
300	300		data systems vendors or authorized integrators or for any appropriately taken action upon266
301	301		written request of a dealer data systems vendor or authorized integrator to the extent that267
302	302		such action prevents such dealer from meeting any legal obligation regarding the protection268
303	303		of protected dealer data or results in any liability as a consequence of such actions by the269
304	304		dealer data systems vendor or authorized integrator.270
305	305		(i) The rights conferred on dealers in this Code section are not waivable and may not be271
306	306		reduced or otherwise modified by any contract, agreement, or incentive program.272
307	307		(j) Nothing in this Code section shall:273
308	308		(1) Be interpreted to prevent a dealer or third party from discharging its obligations or274
309	309		limiting responsibilities as a service provider to protect and secure protected dealer data275
310	310		under an agreement or as otherwise required pursuant to federal, state, or local law;276
311	311		(2) Give a new motor vehicle dealer any ownership or rights to share or use motor277
312	312		vehicle diagnostic data beyond what is necessary to fulfill a dealer's obligation to provide278
313	313		warranty, repair, or service work to its customers;279
314	314		(3) Govern, restrict, or apply to data that exists outside of a dealer data system; or280
315	315		S. B. 81
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	316	+	- 11 - 25 SB 81/CSFA
317	317		(4) Relieve a manufacturer, franchisor, distributor, third party acting on behalf of a281
318	318		manufacturer, franchisor, distributor, or affiliate thereof from the requirements of Code282
319	319		Section 10-1-632."283
320	320		SECTION 4.284
321	321		Said article is further amended in Code Section 10-1-641, relating to requirements of285
322	322		franchisor, manufacturer, and distributor, reasonable compensation for parts and labor, recall286
323	323		notices, and stop-sales, by revising paragraph (1) of subsection (a) as follows:287
324	324		"(a)(1) Each franchisor, manufacturer, or distributor:288
325	325		(A) Shall specify in writing to each of its dealers in this state the dealer's obligations289
326	326		for predelivery preparation including the repair of damages incurred in the290
327	327		transportation of vehicles as set forth in Code Section 10-1-642, recall work, and291
328	328		warranty service on its products;292
329	329		(B) Shall, at the election of the dealer, reasonably compensate the dealer for parts and293
330	330		labor provided for such warranty service work as provided in paragraph (2) of this294
331	331		subsection;295
332	332		(C) Shall provide the dealer with a schedule of compensation to be paid such dealer for296
333	333		parts, work, and service in connection therewith; and297
334	334		(D) Shall provide the dealer with a schedule of the time allowance for the performance298
335	335		of such work and service. Any such schedule of compensation shall include reasonable299
336	336		compensation for diagnostic work, repair service, and labor. Time allowances for the300
337	337		diagnosis and performance of such work and service shall be reasonable and adequate301
338	338		for the work to be performed; and302
339	339		(E) Shall provide compensation to the dealer for assistance provided to a retail buyer303
340	340		or lessee whose vehicle required a change, repair, or update by remote means to any304
341	341		part, system, or accessory or to any function of his or her vehicle by the vehicle305
342	342		manufacturer, franchisor, or distributor when such assistance was performed at the306
343	343		S. B. 81
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	344	+	- 12 - 25 SB 81/CSFA
345	345		dealership or by dealership personnel at another location authorized by the307
346	346		manufacturer or distributor at the request of the customer or at the request of the308
347	347		manufacturer, franchisor, or distributor on behalf of the customer."309
348	348		SECTION 5.310
349	349		Said article is further amended in Code Section 10-1-662, relating to unlawful activities by311
350	350		franchisors, by revising paragraphs (1), (20), and (21) of and adding a new paragraph to312
351	351		subsection (a) to read as follows:313
352	352		"(1)(A) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle314
353	353		parts or accessories in a reasonable time and in reasonable quantity if such vehicles,315
354	354		parts, or accessories are publicly advertised as being available for immediate delivery. 316
355	355		Upon written request of the dealer, the franchisor shall communicate its allocation317
356	356		process in writing in a clear and concise manner within 30 days from receipt of the318
357	357		dealer's request. For purposes of this paragraph, a reasonable quantity of vehicles:319
358	358		(i) Is fair and equitable to all line-make dealers in this state; and320
359	359		(ii) Does not unfairly discriminate among line-make dealers in its allocation process.321
360	360		(B) This paragraph is not violated, however, if such failure is caused by acts or causes322
361	361		the occurrence of temporary international, national, or regional product or services323
362	362		shortages resulting from natural disaster; unavailability or scarcity of parts or service;324
363	363		labor strikes; supply chain disruptions; product recalls; or other factors and events325
364	364		beyond the control of the franchisor that temporarily reduce the supply of a franchisor326
365	365		or if a state or federal law, rule, or regulation necessitates modification of the allocation.327
366	366		(C) Nothing contained in this paragraph shall relieve a manufacturer, franchise or328
367	367		distributor from its obligations under paragraph (9) of subsection (b) of Code329
368	368		Section 10-1-661;"330
369	369		"(20) To take any materially adverse action against a dealer, including a dealer's ability331
370	370		to participate in or receive a benefit or payment owed from any incentive or332
371	371		S. B. 81
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373	373		reimbursement program, based on criteria it has established, implemented, or enforced
374	374		333
375	375		for measuring the performance, including, but not limited to, sales or service334
376	376		performance, of a dealer unless such criteria:335
377	377		(A) Is fair, reasonable, and equitable; and336
378	378		(B) Is based on accurate and relevant information; or
379	379		337
380	380		(21) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment338
381	381		or reimbursement for incentives, hold-backs, sales or service promotion or other special339
382	382		program money, or any other amount owed to such dealer by the franchisor, if based340
383	383		solely on the dealer's compliance with a specific program requirement of the franchisor341
384	384		that would cause the dealer to violate a law or any properly promulgated rule or342
385	385		regulation of this state; or343
386	386		(22) To fail to provide to the dealer a written disclosure, which may be provided to a344
387	387		potential consumer of a new motor vehicle, of each accessory or function of the motor345
388	388		vehicle that may be initiated, updated, changed, or maintained by the manufacturer or346
389	389		distributor through remote means, and the charge to the consumer for the initiation,347
390	390		update, change, or maintenance that is known at the time of the transaction. A348
391	391		manufacturer or distributor may comply with this paragraph by notifying the dealer that349
392	392		the information is available on a public website or by other digital means."350
393	393		SECTION 6.351
394	394		Code Section 40-2-39 of the Official Code of Georgia Annotated, relating to registration and352
395	395		licensing of new motor vehicle dealers, temporary site permits, administrative fines, and353
396	396		penalty, is amended by revising paragraph (2) of subsection (b) as follows:354
397	397		"(2)(A) It shall be unlawful for any person to engage in any activity as a new motor355
398	398		vehicle dealer except at an established place of business which has been registered as356
399	399		such under this Code section and Code Section 40-2-38 or at a temporary site.357
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402	402		(B) For purposes of this Code section, activity as a new motor vehicle dealer shall358
403	403		include:359
404	404		(i) Selling, leasing, offering to sell or lease, or negotiating binding terms with a retail360
405	405		consumer for the purchase or lease of a new motor vehicle;361
406	406		(ii) Soliciting, accepting, or receiving a deposit or other payment for the retail362
407	407		purchase or lease of a new motor vehicle;363
408	408		(iii) Soliciting, accepting, or processing a reservation from a retail consumer for a364
409	409		specific motor vehicle; or365
410	410		(iv) Soliciting, accepting, offering, or negotiating with a retail consumer a binding366
411	411		value for a motor vehicle being traded in as part of the purchase or lease of a new367
412	412		motor vehicle.368
413	413		(C) For purposes of this Code section, activity as a new motor vehicle dealer shall not369
414	414		include:370
415	415		(i) Facilitating the receipt of a deposit or a payment under a retail installment sale371
416	416		contract or lease on behalf of a dealer;372
417	417		(ii) The disclosure of a manufacturer's suggested retail price;373
418	418		(iii) The display of new motor vehicles for information or demonstration purposes374
419	419		only;375
420	420		(iv) The operation of a public website or other means of electronic communication376
421	421		that identifies to a consumer any conditional prices or financing rates, available377
422	422		financing sources, add-on product prices, or conditional trade-in values that are not378
423	423		binding on a dealer;379
424	424		(v) Sales, leasing, marketing, or advertising activities of manufacturers, franchisors,380
425	425		and distributors by or through their line-make dealers in accordance with Article 22381
426	426		of Chapter 1 of Title 10;382
427	427		(vi) Facilitating a vehicle reservation system that allows a retail consumer to request383
428	428		the opportunity to purchase or lease a new vehicle, when the vehicle becomes384
429	429		S. B. 81
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431	431		available for sale to the public, through a franchised new motor vehicle dealer,385
432	432		provided that the final terms of sale are negotiated between the retail consumer and386
433	433		franchised new motor vehicle dealer; or387
434	434		(vii) Processing a new vehicle sold order for a specific new motor vehicle entered by388
435	435		a franchised new motor vehicle dealer on behalf of a specific consumer, provided that 389
436	436		all final terms of sale are negotiated between the franchised new motor vehicle dealer390
437	437		and the consumer."391
438	438		SECTION 7.392
439	439		All laws and parts of laws in conflict with this Act are repealed.393
440	440		S. B. 81
441	441		- 16 -