SB96: SB96 Official Code of Georgia Annotated; provisions creating certain boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; update and modernize

25 LC 60 0140-ECS Senate Bill 96 By: Senators Echols of the 49th, Hatchett of the 50th, Hufstetler of the 52nd, Payne of the 54th, Robertson of the 29th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to modernize and1 update provisions creating certain boards, panels, authorities, centers, commissions,2 committees, councils, task forces, and other such bodies; to revise certain provisions relating3 to the State Housing Trust Fund for the Homeless Commission; to repeal certain provisions4 relating to the Environmental Advisory Council; to repeal certain provisions relating to the5 Jekyll Island Citizens Resource Council; to revise certain provisions relating to the Erosion6 and Sediment Control Overview Council; to repeal certain provis ions related to the7 Stakeholder Advisory Board; to repeal certain provisions relating to the Governor's Office8 for Children and Families; to revise certain provisions relatin g to the Georgia Firefighters9 Standards and Training Council; to repeal certain provisions re lating to the Georgia10 Volunteer Fire Service Council; to repeal certain provisions relating to the Georgia Palliative11 Care and Quality of Life Advisory Council; to revise certain provisions relating to the Office12 of Health Strategy and Coordination; to revise and repeal certain provisions relating to the13 Georgia Council on Lupus Education and Awareness; to revise certain provisions relating14 to the Georgia Emergency Management and Homeland Security Agency; to repeal certain15 provisions relating to the Board of Homeland Security; to revise certain provisions relating16 to the Georgia Vocational Rehabilitation Services Board; to repeal certain provisions relating17 to the Employment First Georgia Council; to repeal certain provisions relating to the Georgia18 S. B. 96 - 1 - 25 LC 60 0140-ECS State Games Commission; to repeal certain provisions relating t o the Lottery Retailer19 Advisory Board; to make conforming changes throughout the Code; to provide for20 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22 PART I23 State Housing Trust Fund for the Homeless Commission24 SECTION 1-1.25 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is26 amended by revising subsection (a) of Code Section 8-3-306, rel ating to commission27 established and membership, as follows:28 "(a)(1) There is established the State Housing Trust Fund for the Homeless Commission29 which shall consist of nine eleven members. Two of the nine eleven members shall be30 the commissioner of community affairs, or his or her designee, and either the chairperson31 of the Board of Community Affairs or a member of the Board of C ommunity Affairs32 designated by the chairperson. The Governor shall appoint thre e f i v e of the public33 members and the Lieutenant Governor President of the Senate and the Speaker of the34 House of Representatives shall each appoint two of the public m embers. The public35 members shall be knowledgeable in the area of housing and, to t he extent practicable,36 shall represent diverse housing concerns.37 (2)(A) Public members shall serve for a term of four years except th at initial38 appointments shall be staggered as follows: three of the appointees shall serve an initial 39 term of four years and four of the appointees shall serve an initial term of two years as40 provided in subparagraphs (C) and (D) of this paragraph. P u b l i c m e m b e r s s h a l l41 continue in office until their successors have been appointed and qualified. In the event42 S. B. 96 - 2 - 25 LC 60 0140-ECS of a vacancy in the office of a public member by death, resignation, or otherwise, the43 Governor appointing authority shall appoint a successor to serve the balance of the44 unexpired term.45 (B) The terms of the five public members appointed by the Gove rnor pursuant to 46 paragraph (1) of this subsection shall begin on August 23, 2025.47 (C) The terms of the two public members appointed by the Presi dent of the Senate48 pursuant to paragraph (1) of this subsection shall begin on Aug ust 23, 2025. One of49 such members and his or her successors shall serve terms of four years and one of such50 members and his or her successors shall serve terms of two years.51 (D) The terms of the two public members appointed by the Speak er of the House of52 Representatives pursuant to paragraph (1) of this subsection shall begin on August 23,53 2025. One of such members and his or her successors shall serve terms of four years54 and one of such members and his or her successors shall serve terms of two years.55 (3) Membership on the commission does not constitute public of fice, and no member56 shall be disqualified from holding public office by reason of his or her membership."57 PART II58 Environmental Advisory Council59 SECTION 2-1.60 Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural61 resources, is amended by revising subsection (b) of Code Sectio n 12-2-2, relating to62 Environmental Protection Division, Environmental Advisory Council, duties of council and63 its members and director, appeal procedures generally, permit applications, and inspections,64 as follows:65 "(b)(1) The division shall have a director who shall be both appointed and removed by66 the Board of Natural Resources with the approval of the Governo r. The director shall67 S. B. 96 - 3 - 25 LC 60 0140-ECS appoint an assistant director of the division. The director and the assistant director shall68 be qualified professionals, competent in the field of environme ntal protection. The69 director and the assistant director shall be in the unclassifie d service. In the event of a70 vacancy in the office of the director or in his or her absence or if he or she is disabled, the71 assistant director shall perform all the duties of the director . The director shall be72 responsible for enforcing the environmental protection laws of Georgia. The director73 shall hire the personnel for the division and shall supervise, direct, account for, organize,74 plan, and execute the functions vested in the division.75 (2)(A) The Governor shall appoint an Environmental Advisory Council. The council76 shall consist of 15 members who shall be representative of prof essional and lay77 individuals, organizations, and governmental agencies associate d or involved with78 environmental matters. The term of each member of the council shall be for two years,79 provided that of the members first appointed, seven shall be appointed for terms of one80 year and eight for terms of two years. Vacancies shall be filled by similar appointment81 for unexpired terms.82 (B) The council shall advise the Governor, the board, and the director as to the efficacy83 of the state's environmental protection programs, the need for legislation relating to the84 environment, the need for expansion or reduction of specific environmental programs,85 and the need for specific changes in the state's environmental protection programs. The86 council may review and prepare written comments on proposed sta te plans and on87 standards, rules, and regulations proposed by the division. Su ch comments may be88 submitted to the director, the board, and any other individual or agency deemed89 appropriate.90 (C) Members of the council sh all serve without compensation bu t shall receive the91 same expense allowance as that received by members of the General Assembly and the92 same mileage allowance for the use of a personal car or a trave l allowance of actual93 S. B. 96 - 4 - 25 LC 60 0140-ECS transportation cost if traveling by public carrier as that rece ived by all other state94 officials and employees."95 SECTION 2-2.96 Any assets of the Environmental Advisory Council existing as of June 30, 2025, shall97 devolve by operation of law and without further action to the S tate of Georgia on July 1,98 2025. Any liabilities and obligations of the Environmental Advisory Council existing as of99 June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such100 instruments as may be required to maintain the same.101 PART III102 Jekyll Island Citizens Resource Council103 SECTION 3-1.104 Said title is further amended by repealing Code Section 12-3-233.1, relating to Jekyll Island105 Citizens Resource Council, purpose, members, meetings, and reimbursement for expenses.106 SECTION 3-2.107 Any assets of the Jekyll Island Citizens Resource Council existing as of June 30, 2025, shall108 devolve by operation of law and without further action to the S tate of Georgia on July 1,109 2025. Any liabilities and obligations of the Jekyll Island Citizens Resource Council existing110 as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such111 instruments as may be required to maintain the same.112 S. B. 96 - 5 - 25 LC 60 0140-ECS PART IV113 Stakeholder Advisory Board114 SECTION 4-1.115 Said title is further amended by revising subsection (f) of Code Section 12-7-7.1, relating to116 erosion and sediment control plan prepared, completion, and implementation, as follows:117 "(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall118 approve the Manual for Erosion and Sediment Control in Georgia prior to publication by119 the commission. In addition, the council shall provide guidance on the best management120 practices for implementing any erosion and sediment control pla n for purposes of this121 Code section. The council shall be composed of nine members, including one member122 of the House of Representatives who shall be appointed by the Speaker of the House of123 Representatives and serve at the pleasure thereof; one member of the Senate who shall124 be appointed by the Lieutenant Governor President of the Senate and serve at the pleasure125 thereof; and seven members who shall be appointed by the Govern or and serve at the126 pleasure thereof, including one employee each from the Department of Transportation,127 the Environmental Protection Division of the Department of Natural Resources, and the128 State Road and Tollway Authority, a professional engineer licen sed to practice in this129 state from a private engineering consulting firm practicing environmental engineering,130 one representative of the highway contracting industry certifie d by the Department of131 Transportation, one representative of the electric utility industry, and a chairperson. The132 council shall meet prior to December 1, 2015, to approve the most current version of the133 manual and at all other times as necessary to approve any subsequent changes or updates134 to the manual prior to its implementation. Such meetings shall be held at the call of the135 chairperson. Each council member shall receive a daily allowan ce in the amount136 specified in subsection (b) of Code Section 45-7-21; provided, however, that any137 full-time state employee serving on the council shall draw no c ompensation but shall138 S. B. 96 - 6 - 25 LC 60 0140-ECS receive necessary expenses. The commissioner is authorized to pay such compensation139 and expenses from department funds.140 (2) The council Erosion and Sediment Control Overview Council may develop141 recommendations governing the preparation of plans and the installation and maintenance142 of best management practices. If a dispute concerning the requ irements of this Code143 section should arise, the Erosion and Sediment Control Overview Council shall mediate144 the dispute.145 (3) The Erosion and Sediment Control Overview Council shall establish, evaluate, and146 maintain the education and training programs established pursua nt to Code Section147 12-7-19, including, but not limited to, reviewing course curricula, educational materials,148 and exam and testing procedures; evaluating trainer and instruc tor qualifications; and149 reviewing audit results performed by the commission."150 SECTION 4-2.151 Said title is further amended by revising Code Section 12-7-19, relating to education and152 training requirements, required programs, instructor qualificat ions, and expiration of153 certification, as follows:154 "12-7-19.155 (a)(1) Persons involved in land development design, review, permitting, construction,156 monitoring, or inspection or any land-disturbing activity shall meet the education and157 training certification requirements, dependent on his or her level of involvement with the158 process, as developed by the commission in accordance with this Code section and in159 consultation with the division and the Stakeholder Advisory Board created pursuant to160 Code Section 12-7-20 Erosion and Sediment Control Overview Council created pursuant161 to Code Section 12-7-7.1.162 (2) On or after May 14, 2007, for each site on which land-disturbing activity occurs, each163 entity or person acting as either a primary, secondary, or tertiary permittee, as defined in164 S. B. 96 - 7 - 25 LC 60 0140-ECS the state general permit, shall have as a minimum one person who is in responsible charge165 of erosion and sedimentation control activities on behalf of sa id entity or person and166 meets the applicable education or training certification requir ements developed by the167 commission present on site whenever land-disturbing activities are conducted on that site. 168 A project site shall herein be defined as any land disturbance site or multiple sites within169 a larger common plan of development or sale permitted by an own er or operator for170 compliance with the state general permit.171 (3) Persons or entities involved in projects not requiring a s tate general permit but172 otherwise requiring certified personnel on site may contract with certified persons to meet173 the requirements of this chapter.174 (4) If a state general permittee who has operational control of land-disturbing activities175 for a site has met the certification requirements of paragraph (1) of subsection (b) of this176 Code section, then any person or entity involved in land-distur bing activity at that site177 and operating in a subcontractor capacity for such permittee sh all have until178 December 31, 2007, to meet those educational requirements specified in paragraph (4)179 of subsection (b) of Code Section 12-7-19 this Code section and shall not be required to180 meet any educational requirements that exceed those specified in said paragraph.181 (b) No less than the following training programs shall be established:182 (1) A fundamentals seminar (Level 1) will be established which provides sufficient183 training to all participants as to the applicable laws, requirements, processes, and latest184 means and methods recognized by this state to effectively contr ol erosion and185 sedimentation;186 (2) An advanced fundamentals seminar (Level 1) will be establi shed which provides187 additional details of installation and maintenance of best management practices for both188 regulatory and nonregulatory inspectors and others;189 S. B. 96 - 8 - 25 LC 60 0140-ECS (3) An introduction to design seminar (Level 2) will be establ ished which provides190 required training to design and review a successful erosion, sedimentation, and pollution191 control plan;192 (4) An awareness seminar (Level 1) will be established which does not exceed two hours193 in duration and which provides information regarding the erosion and sediment control194 practices and processes in the state and which will include an overview of the systems,195 laws, and roles of the participants; and196 (5) A trainer and instructor seminar will be established for b oth Level 1 and Level 2197 trainers and instructors which will provide the minimum trainin g as to applicable laws198 and best management practices and design of erosion, sedimentat ion, and pollution199 control plans in this state.200 (c) Trainer and instructor qualifications will be established with the following minimum201 requirements:202 (1) Level 1 trainers and instructors shall meet at least the f ollowing minimum203 requirements and any other requirements as set by the commission:204 (A) Education: four-year college degree or five years' experience in the field of erosion205 and sediment control;206 (B) Experience: five-years' experience in the field of erosion and sediment control. 207 Where years of experience is used in lieu of the education requirement of subparagraph208 (A) of this paragraph, a total of ten years' field experience is required;209 (C) Approval by the commission and the Stakeholder Advisory Bo ard Erosion and210 Sediment Control Overview Council; and211 (D) Successful completion of the Level 1 trainer and instructo r seminar found in212 paragraph (5) of subsection (b) of this Code section; and213 (2) Level 2 trainers and instructors shall meet at least the m inimum requirements of a214 Level 1 trainer or instructor, any other requirements as set by the commission, and215 S. B. 96 - 9 - 25 LC 60 0140-ECS successful completion of the Level 2 trainer and instructor sem inar created under216 paragraph (5) of subsection (b) of this Code section.217 (d) In addition to the requirements of subsection (c) of this Code section, the commission218 shall establish and any person desirous of holding certification must obtain a passing grade,219 as established by the Stakeholder Advisory Board Erosion and Sediment Control Overview220 Council, on a final exam covering the material taught in each mandatory seminar; provided,221 however, that there shall be no final exam requirement for purp oses of paragraph (4) of222 subsection (b) of this Code section. Final exams may, at the discretion of the commission,223 serve in lieu of attendance at the seminar. Any person shall be authorized to administer a224 final examination for any seminar for which he or she was the instructor.225 (e)(1) A certification provided by achieving the requirements established by the226 commission shall expire no later than three years after its issuance.227 (2) A certified individual shall be required to attend and participate in at least four hours228 of approved continuing education courses, as established by the commission, every three229 years.230 (3) A certification may be extended or renewed by meeting requirements established by231 the commission.232 (4) Revocation procedures may be established by the commission in consultation with233 the division and the Stakeholder Advisory Board Erosion and Sediment Control234 Overview Council.235 SECTION 4-3.236 Said title is further amended by repealing Code Section 12-7-20 , relating to creation of237 stakeholder advisory board, responsibilities, and procedures, a nd designating said Code238 section as reserved.239 S. B. 96 - 10 - 25 LC 60 0140-ECS PART V240 Governor's Office for Children and Families241 SECTION 5-1.242 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising243 subsection (a) of Code Section 15-5-81, relating to advisory council commission, as follows:244 "(a) There shall be an advisory council to the Georgia Courts A utomation Commission. 245 The advisory council shall consist of the director of the Georgia Bureau of Investigation246 or the director's designee, the commissioner of corrections or the commissioner's designee,247 the commissioner of community supervision or the commissioner's designee, the248 commissioner of public safety or the commissioner's designee, the chairperson of the State249 Board of Pardons and Paroles or the chairperson's designee, the d i r e c t o r o f t h e250 Administrative Office of the Courts or the director's designee, the director of the Criminal251 Justice Coordinating Council or the director's designee, the di rector of the Governor's252 Office for Children and Families or the director's designee, and the executive director of253 the Georgia Technology Authority or the executive director's designee."254 SECTION 5-2.255 Said title is further amended by revising subsection (f) of Code Section 15-11-504, relating256 to place of detention and data on child detained, as follows:257 "(f) All facilities shall maintain data on each child detained and such data shall be recorded258 and retained by the facility for three years and shall be made available for inspection during259 normal business hours by any court exercising juvenile court jurisdiction, by DJJ, by the260 Governor's Office for Children and Families, by the Criminal Justice Coordinating Council,261 by the Administrative Office of the Courts, and by the Council of Juvenile Court Judges. 262 Such data shall be used by the inspecting agency for official p urposes and shall not be263 S. B. 96 - 11 - 25 LC 60 0140-ECS subject to release by such agency pursuant to Article 4 of Chap ter 18 of Title 50, nor264 subject to subpoena. The required data are each detained child's:265 (1) Name;266 (2) Date of birth;267 (3) Sex;268 (4) Race;269 (5) Offense or offenses for which such child is being detained;270 (6) Date of and authority for confinement;271 (7) Location of the offense and the name of the school if the offense occurred in a school272 safety zone, as defined in Code Section 16-11-127.1;273 (8) The name of the referral source, including the name of the school if the referring274 source was a school;275 (9) The score on the detention assessment;276 (10) The basis for detention if such child's detention assessm ent score does not in and277 of itself mandate detention;278 (11) The reason for detention, which may include, but shall no t be limited to,279 preadjudication detention, detention while awaiting a postdispo sition placement, or280 serving a short-term program disposition;281 (12) Date of and authority for release or transfer; and282 (13) Transfer or to whom released."283 SECTION 5-3.284 Said title is further amended by revising subsection (d) of Code Section 15-11-704, relating285 to public inspection of court files and records and use in subs equent juvenile or criminal286 prosecution, as follows:287 "(d) A judge shall permit authorized representatives of DJJ, th e Governor's Office for288 Children and Families, the Criminal Justice Coordinating Council, the Administrative289 S. B. 96 - 12 - 25 LC 60 0140-ECS Office of the Courts, and the Council of Juvenile Court Judges to inspect and extract data290 from any court files and records for the purpose of obtaining statistics on children and to291 make copies pursuant to the order of the court. Such data shall be used by the inspecting292 agency for official purposes and shall not be subject to release by such agency pursuant to293 Article 4 of Chapter 18 of Title 50, nor subject to subpoena."294 SECTION 5-4.295 Said title is further amended by revising subsection (d) of Code Section 15-11-708, relating296 to separation of juvenile and adult records for law enforcement , inspection, and limited297 fingerprint access, as follows:298 "(d) The court shall allow authorized representatives of DJJ, t he Governor's Office for299 Children and Families, the Criminal Justice Coordinating Council, the Administrative300 Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law301 enforcement records for the purpose of obtaining statistics on children. Such data shall be302 used by the inspecting agency for official purposes and shall not be subject to release by303 such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."304 SECTION 5-5.305 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended306 by revising paragraph (3) of subsection (b) of Code Section 49- 4A-2, relating to Board of307 Juvenile Justice created, membership, appointment, terms, chair person, and duties, as308 follows:309 "(3) Ensure that detention assessment, risk assessment, and ris k and needs assessment310 instruments that are utilized by intake personnel and courts are developed in consultation311 with the Governor's Office for Children and Families, the Criminal Justice Coordinating312 Council, and the Council of Juvenile Court Judges and ensure that such instruments are313 validated at least every five years;"314 S. B. 96 - 13 - 25 LC 60 0140-ECS SECTION 5-6.315 Said title is further amended by revising paragraph (1) of subs ection (n) of Code Section316 49-4A-8, relating to commitment of delinquent children and procedures, as follows:317 "(n)(1) The department shall conduct a continuing inquiry into the effectiveness of318 treatment methods it employs in seeking the rehabilitation of maladjusted children. To319 this end, the department shall maintain a statistical record of arrests and commitments of320 its wards subsequent to their discharge from the jurisdiction and control of the department321 and shall tabulate, analyze, and publish annually in print or electronically annually these322 data so that they may be used to evaluate the relative merits of methods of treatment. The323 department shall cooperate and coordinate with courts, juvenile court clerks, the324 Governor's Office for Children and Families, the Criminal Justice Coordinating Council,325 and public and private agencies in the collection of statistics and information regarding:326 (A) Juvenile delinquency;327 (B) Arrests made;328 (C) Detentions made, the offense for which such detention was authorized, and the329 reason for each detention;330 (D) Complaints filed;331 (E) Informations filed;332 (F) Petitions filed;333 (G) The results of complaints, informations, and petitions, in cluding whether such334 filings were dismissed, diverted, or adjudicated;335 (H) Commitments to the department, the length of such commitment, and releases from336 the department;337 (I) The department's placement decisions for commitments;338 (J) Placement decisions to institutions, camps, or other facilities for delinquent children339 operated under the direction of courts or other local public authorities;340 (K) Community programs utilized and completion data for such programs;341 S. B. 96 - 14 - 25 LC 60 0140-ECS (L) Recidivism;342 (M) Data collected by juvenile court clerks pursuant to Code Section 15-11-64; and343 (N) Other information useful in determining the amount and cau ses of juvenile344 delinquency in this state."345 SECTION 5-7.346 Said title is further amended in Article 6 of Chapter 5, relating to programs and protections347 for children, by repealing Part 1, relating to Governor's Office for Children and Families, and348 designating said part as reserved.349 SECTION 5-8.350 Said title is further amended by revising subsection (b) of Code Section 49-5-155, relating351 to effect of article on Department of Juvenile Justice and office as recipient entity for federal352 grants, as follows:353 "(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and354 Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating355 Council shall be the only other authorized controlling recipient entity for grants under the356 United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."357 SECTION 5-9.358 Said title is further amended by replacing "Governor's Office f or Children and Families",359 with "Department of Human Services" wherever the former occurs in Code Section360 49-5-156, relating to the "Georgia Mentoring Act of 2000."361 S. B. 96 - 15 - 25 LC 60 0140-ECS SECTION 5-10.362 Said title is further amended by repealing Code Section 49-5-22 7, relating to Governor's363 Office for Children and Families to comment on plan for Coordinated System of Care and364 provide recommendations.365 SECTION 5-11.366 Any assets of the Governor's Office for Children and Families existing as of June 30, 2025,367 shall devolve by operation of law and without further action to the State of Georgia on July 1,368 2025. Any liabilities and obligations of the Governor's Office for Children and Families369 existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by370 such instruments as may be required to maintain the same.371 PART VI372 Georgia Volunteer Fire Service Council373 SECTION 6-1.374 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is375 amended by revising paragraph (2) of Code Section 25-3-21, rela ting to definitions, as376 follows:377 "(2)(A) 'Fire department' means any fire department, including, but not limited to, a fire378 department solely utilizing volunteer firefighters, which is authorized to exercise the379 general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2.380 (B) 'Fire department' also means any department, agency, organ ization, or company381 operating in this state with the intent and purpose of carrying out the duties, functions,382 powers, and responsibilities normally associated with a fire department. These duties,383 functions, powers, and responsibilities include, but are not limited to, the protection of384 life and property against fire, explosions, or other hazards."385 S. B. 96 - 16 - 25 LC 60 0140-ECS SECTION 6-2.386 Said title is further amended by revising Code Section 25-3-22, relating to notification and387 documentation that fire department meets requirements and issua nce of certificate of388 compliance, as follows:389 "25-3-22.390 (a) In order for a fire department employing full-time firefighters or part-time firefighters391 to be legally organized to operate in the State of Georgia, the chief administrative officer392 of the fire department shall notify and submit all required documentation to the executive393 director that demonstrates that the organization meets the minimum requirements specified394 in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards395 and Training Council to function as a fire department. If the executive director is satisfied396 that the such fire department meets the minimum requirements contained in Code Section397 25-3-23 and the rules and regulations of the Georgia Firefighte r Standards and Training398 Council, he or she shall recommend to the Georgia Firefighter S tandards and Training399 Council that a certificate of compliance be issued by the council to the fire department. If400 the council issues such certificate of compliance, the fire dep artment shall be authorized401 to exercise the general and emergency powers set forth in Code Sections 25-3-1 and402 25-3-2.403 (b) In order for a volunteer fire department to be legally organized to operate in the State404 of Georgia, the chief administrative officer of the fire department shall notify and submit405 all required documentation to the executive director that demonstrates that the organization406 meets the minimum requirements specified in Code Section 25-3-2 3 and the rules and407 regulations of the Georgia Volunteer Fire Service Council to function as a volunteer fire408 department. If the executive director is satisfied that the volunteer fire department meets409 the minimum requirements contained in Code Section 25-3-23 and the rules and410 regulations of the Georgia Volunteer Fire Service Council, he or she shall recommend to411 the Georgia Volunteer Fire Service Council that a certificate of compliance be issued by412 S. B. 96 - 17 - 25 LC 60 0140-ECS such council to the volunteer fire department. If the Georgia Volunteer Fire Service413 Council issues such certificate of compliance, the fire departm ent shall be authorized to414 exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."415 SECTION 6-3.416 Said title is further amended by revising subsections (a) and ( c) of Code Section 25-3-23,417 relating to general requirements, equipment and clothing, and insurance, as follows:418 "(a) Except as otherwise provided in subsection (c) of this Cod e section, in order to be419 legally organized:420 (1) A fire department shall comply with the following requirements:421 (A) Be established to provide fire and other emergency and nonemergency services in422 accordance with standards specified by the Georgia Firefighter Standards and Training423 Council, for fire departments employing full-time firefighters or part-time firefighters,424 or the Georgia Volunteer Fire Service Council, for fire departm ents solely utilizing425 volunteer firefighters, and the applicable local government;426 (B) Be capable of providing fire protection 24 hours a day, 365 days per year;427 (C) Be responsible for a defined area of operations depicted on a map located at the fire428 station, which area of operations shall have been approved and designated by the429 governing authority of the applicable county, municipality, or other political430 subdivision in the case of any county, municipal, or volunteer county or municipal fire431 department or any fire department solely utilizing volunteer firefighters; and432 (D) Be staffed with a sufficient number of full-time, part-time, or volunteer firefighters433 who have successfully completed basic firefighter training as specified by the Georgia434 Firefighter Standards and Training Council, for fire departments employing full-time435 firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for436 fire departments solely utilizing volunteer firefighters; and437 S. B. 96 - 18 - 25 LC 60 0140-ECS (2) A fire department shall possess the following items of app roved equipment and438 protective clothing:439 (A) A minimum of one fully equipped, operable pumper with a capacity of at least 750440 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however,441 that previously approved fire apparatus which does not meet such minimum standards442 may be used in lieu of the minimum required pumper until replac ed by the local443 authority;444 (B) A minimum of equipment, appliances, adapters, and accessor ies necessary to445 perform and carry out the duties and responsibilities of a fire department set forth in446 Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and447 Training Council, for fire departments employing full-time fire fighters or part-time448 firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely449 utilizing volunteer firefighters;450 (C) A minimum of two approved self-contained breathing apparatus for each pumping451 apparatus as approved by the Georgia Firefighter Standards and Training Council, for452 fire departments employing full-time firefighters or part-time firefighters, or the453 Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer454 firefighters; and455 (D) A minimum issue of sufficient personal protective clothing to permit each member456 to perform safely the duties of a firefighter."457 "(c)(1) The Georgia Firefighter Standards and Training Council shall be authorized to458 adopt such rules and regulations for all fire departments employing full-time firefighters459 or part-time firefighters as are reasonable and necessary to implement the provisions of460 this Code section and to establish and modify minimum requireme nts for all fire461 departments operating in this state, provided that such require ments are equal to or462 exceed the requirements provided in subsections (a) and (b) of this Code section.463 S. B. 96 - 19 - 25 LC 60 0140-ECS (2) The Georgia Volunteer Fire Service Council shall be authorized to adopt such rules464 and regulations for fire depa rtments solely utilizing volunteer firefighters as are465 reasonable and necessary to implement the provisions of this Co de section and to466 establish and modify minimum requirements for all volunteer fire departments operating467 in this state, provided that such requirements are equal to or exceed the requirements468 provided in subsections (a) and (b) of this Code section."469 SECTION 6-4.470 Said title is further amended by revising Code Section 25-3-25, relating to suspension or471 revocation of certification of compliance, hearing by aggrieved departments, and472 enforcement of suspensions or revocations, as follows:473 "25-3-25.474 (a) The Any certificate of compliance issued by the Georgia Firefighter St andards and475 Training Council or the Georgia Volunteer Fire Service Council shall be subject to476 suspension or revocation by the applicable such council at any time it receives satisfactory477 evidence that the fire department is not maintaining sufficient personnel, equipment, or478 insurance required by Code Section 25-3-23, or the rules and re gulations of the Georgia479 Firefighter Standards and Training Council, for fire department s employing full-time480 firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire481 departments solely utilizing volunteer firefighters , pursuant to subsection (c) of Code482 Section 25-3-23.483 (b) The chief administrative officer of any fire department aggrieved by a decision of the484 Georgia Firefighter Standards and Training Council, for fire de partments employing485 full-time firefighters or part-time firefighters, or the Georgi a Volunteer Fire Service486 Council, for fire departments solely utilizing volunteer firefi ghters, under subsection (a)487 of this Code section may, within 30 days of the date of such decision, request a hearing on488 the matter before the applicable such council. Following a hearing before the applicable489 S. B. 96 - 20 - 25 LC 60 0140-ECS council, the chief administrative officer of the fire department affected shall be served with490 a written decision of the applicable council announcing whether the certificate of491 compliance shall remain revoked or suspended or whether it shall be reinstated.492 (c) The Georgia Firefighters Standards and Training Council, f or fire departments493 employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire494 Service Council, for fire departments solely utilizing voluntee r firefighters, shall not495 suspend or revoke any certificate of compliance for failure to meet firefighter training496 requirements when such failure was due to unavailability of req uired training from or497 through the Georgia Fire Academy.498 (d) The Georgia Firefighters Standards and Training Council, f or fire departments499 employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire500 Service Council, for fire departments solely utilizing voluntee r firefighters, may refer501 suspensions or revocations to the Attorney General for enforcement. Upon referral from502 a the council, the Attorney General may bring a civil action to enjo in any organization503 which is not in compliance with the applicable requirements of this chapter from504 performing any or all firefighting functions until such require ments are met by such505 organization."506 SECTION 6-5.507 Said title is further amended by revising Code Section 25-4-2, relating to definitions relative508 to firefighter standards and training, as follows:509 "25-4-2.510 As used in this chapter, the term:511 (1) 'Airport' means any airport located in this state which ha s regularly scheduled512 commercial air carrier service or commuter airline service as r equired for certification513 under Section 139.49 of the Federal Aviation Administration regulations.514 S. B. 96 - 21 - 25 LC 60 0140-ECS (2) 'Airport firefighter' means any person assigned to any airport located in this state who515 performs the duties of aircraft fire fighting or rescue.516 (3) 'Candidate' means a prospective firefighter who has not ye t been certified by the517 council as having met the requirements of this chapter.518 (4) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been519 certified by the council as having met the requirements of this chapter.520 (5) 'Council' means the Georgia Firefighter Standards and Training Council.521 (5.1) 'Fire department' shall have the same meaning as provided set forth in Code Section522 25-3-21.523 (6) 'Firefighter' means a recruit or a trained individual who is a full-time employee,524 part-time employee, or volunteer for a municipal, county, state, or private incorporated525 fire department and as such has duties of responding to mitigate a variety of emergency526 and nonemergency situations where life, property, or the enviro nment is at risk, which527 may include, without limitation, fire suppression; fire prevention activities; emergency528 medical services; hazardous materials response and preparedness ; technical rescue529 operations; search and rescue; disaster management and preparedness; community service530 activities; response to civil disturbances and terrorism incidents; nonemergency functions,531 including training, preplanning, communications, maintenance, a nd physical532 conditioning; and other related emergency and nonemergency duties as may be assigned533 or required; provided, however, that a firefighter's assignment s may vary based on534 geographic, climatic, and demographic conditions or other facto rs, including training,535 experience, and ability. Such term includes an airport firefighter.536 (7) 'Full-time' means employed for compensation on a basis of at least 40 hours per week537 by any municipal, county, state, or private incorporated fire department.538 (8) 'Part-time' means employed for compensation on less than a full-time basis by any539 municipal, county, state, or private incorporated fire department.540 S. B. 96 - 22 - 25 LC 60 0140-ECS (8.1) 'Recruit' means a prospective firefighter who has not yet been certified or registered541 by the council as having met the requirements of Code Section 25-4-8 and the rules and542 regulations to be a firefighter as provided for by the council.543 (9) 'Volunteer' means not employed for compensation on an hourly or salaried basis, but544 appointed and regularly enrolled to serve as a firefighter for any municipal, county, state,545 or private incorporated fire department.546 (10) 'Volunteer council' means the Georgia Volunteer Fire Service Council established547 by Code Section 25-4-3.1."548 SECTION 6-6.549 Said title is further is amended by revising subsection (b) of Code Section 25-4-3, relating550 to establishment of Georgia Firefighter Standards and Training Council, as follows:551 "(b) The members of the council appointed by the Governor pursuant to subsection (a) of552 this Code section shall be appointed at the sole discretion of the Governor; provided,553 however, that at least one member appointed by the Governor shall be a representative of554 a volunteer fire department. However, the For the remaining members of the council to be555 appointed by the Governor, the Governor may consider for appointment to the council556 persons suggested for membership thereon as follows:557 (1) The Association County Commissioners of Georgia may suggest the names of three558 persons for each appointment pursuant to paragraph (1) of subse ction (a) of this Code559 section;560 (2) The Georgia Municipal Association may suggest the names of three persons for each561 appointment pursuant to paragraph (2) of subsection (a) of this Code section;562 (3) The Georgia City and County Management Association may suggest the names of563 three persons for each appointment pursuant to paragraph (3) of subsection (a) of this564 Code section;565 S. B. 96 - 23 - 25 LC 60 0140-ECS (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for566 each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and567 (5) The Executive Board of the Georgia State Firemen's Associa tion may suggest the568 names of three persons for each appointment pursuant to paragraph (5) of subsection (a)569 of this Code section."570 SECTION 6-7.571 Said title is further is amended by repealing Code Section 25-4-3.1, relating to establishment572 of Georgia Volunteer Fire Service Council.573 SECTION 6-8.574 Said title is further amended by revising Code Section 25-4-4, relating to eligibility of575 council and volunteer council members for public office, as follows:576 "25-4-4.577 Membership on the council or volunteer council does not constitute public office, and no578 member shall be disqualified from holding public office by reas on of his or her579 membership."580 SECTION 6-9.581 Said title is further amended by revising Code Section 25-4-5, relating to administrative582 assignment to Department of Public Safety, source of funds, and authority to accept gifts and583 other items of value, as follows:584 S. B. 96 - 24 - 25 LC 60 0140-ECS "25-4-5.585 The council and volunteer council are is assigned to the Department of Public Safety for586 administrative purposes. The funds necessary to carry out this chapter shall come from587 funds appropriated to and available to the council and volunteer council and from any other588 available funds. The council and volunteer council are is authorized to accept and use589 gifts,; grants,; and donations; property, both real and personal; and services for the purpose590 of carrying out this chapter. The council and volunteer counci l are also authorized to591 accept and use property, both real and personal, and services f or the purpose of carrying592 out this chapter."593 SECTION 6-10.594 Said title is further revised by amending Code Section 25-4-6, relating to meetings, quorum,595 and annual reporting of council and volunteer council, as follows:596 "25-4-6.597 (a) The business of the council shall be conducted in the following manner:598 (1) The council shall hold at least two regular meetings each year at the call of the599 chairperson or upon the written request of six members of the council. Six members of600 the council shall constitute a quorum. The council shall adopt such rules for the601 transaction of its business as it shall desire and may appoint such committees as it602 considers necessary to carry out its business and duties; and603 (2) The council shall make an annual report of its activities to the Governor and to the604 General Assembly and shall include in the such report its recommendations for605 appropriate legislation. The council shall not be required to distribute copies of the606 annual such report to the members of the General Assembly but shall notify the members607 of the availability of the report in the manner which it deems to be most effective and608 efficient.609 (b) The business of the volunteer council shall be conducted in the following manner:610 S. B. 96 - 25 - 25 LC 60 0140-ECS (1) The volunteer council shall hold at least two regular meetings each year at the call611 of the chairperson or upon written request of four members of t he volunteer council. 612 Four members of the volunteer council shall constitute a quorum. The volunteer council613 shall adopt such rules for the transaction of its business as it shall desire and may appoint614 such committees as it considers necessary to carry out its business and duties; and615 (2) The volunteer council shall ma ke an annual report of its activities to the Governor616 and to the General Assembly and shall include in the report its recommendations for617 appropriate legislation. The volunteer council shall not be required to distribute copies618 of the annual report to the members of the General Assembly but shall notify the619 members of the availability of the report in the manner which i t deems to be most620 effective and efficient."621 SECTION 6-11.622 Said title is further amended by revising Code Section 25-4-7, relating to functions and623 powers of council and volunteer council, as follows:624 "25-4-7.625 (a) The council is vested with the following functions and powers:626 (1) To promulgate rules and regulations for the administration of the council;627 (2) To provide rules of procedure for its internal management and control;628 (3) To enter into contracts or do such things as may be necessary and incidental to the629 administration of its authority pursuant to this chapter;630 (4) To establish uniform minimum standards for the employment and training of631 full-time firefighters, part-time firefighters, airport firefighters, fire and life safety632 educators, fire inspectors, fire investigators, and other such firefighting service633 professionals as determined by the council, including qualifica tions, certifications,634 recertifications, decertifications, and probations for certified individuals and suspensions635 for noncertified individuals, and requirements, which are consistent with this chapter;636 S. B. 96 - 26 - 25 LC 60 0140-ECS (5) To establish minimum curriculum requirements for schools operated by or for any637 employing agency for the specific purpose of training firefight er recruits or full-time638 firefighters, part-time firefighters, airport firefighters, fire and life safety educators, fire639 inspectors, and fire investigators;640 (6) To approve institutions and facilities for school operation by or for any employing641 agency for the specific purpose of training full-time and part- time firefighters and642 full-time and part-time firefighter recruits, including airport firefighters;643 (7) To make or support studies on any aspect of firefighter ed ucation and training or644 recruitment;645 (8) To make recommendations concerning any matter within its purview;646 (9) To establish basic firefighter training requirements for f ull-time, part-time, and647 contract firefighters, including airport firefighters;648 (10) To certify any person satisfactorily complying with the training program established649 in accordance with paragraph (9) of this subsection and the qualifications for employment650 covered in this chapter; and651 (11) To issue a certificate to any person who has received tra ining in another state or652 who has received training as a federal firefighter by the United States government, when653 the council has determined that the training was at least equivalent to that required by the654 council for approved firefighter education and training programs in this state and when655 the person has satisfactorily complied with all other requirements of this chapter.656 (b) The volunteer council is vested with the following functions and powers:657 (1) To promulgate rules and regulations for the administration of the volunteer council;658 (2) To provide rules of procedure for its internal management and control;659 (3) To enter into contracts or do such things as may be necessary and incidental to the660 administration of its authority pursuant to this chapter;661 S. B. 96 - 27 - 25 LC 60 0140-ECS (4) To establish uniform minimum standards for the training of volunteer firefighters,662 including qualifications, certifications, and requirements, which are consistent with this663 chapter;664 (5) To make or support studies on any aspect of firefighter ed ucation and training or665 recruitment;666 (6) To make recommendations concerning any matter within its purview;667 (7) To establish basic firefighter training requirements for volunteer firefighters;668 (8) To certify any person satisfactorily complying with the training program established669 in accordance with paragraph (7) of this subsection and the qualifications for serving as670 a volunteer firefighter covered in this chapter; and671 (9) To issue a certificate to any person who has received training in another state or who672 has received training as a federal firefighter by the United States government, when the673 volunteer council has determined that the training was at least equivalent to that required674 by the volunteer council for approved volunteer firefighter edu cation and training675 programs in this state and when the person has satisfactorily c omplied with all other676 requirements of this chapter.677 (c) All rules and regulations promulgated by the volunteer council may be overturned by678 a two-thirds' vote of the council. In such instance, the rule or regulation shall be returned679 to the volunteer council for reconsideration."680 SECTION 6-12.681 Said title is further amended by revising Code Section 25-4-7.1, relating to appointment of682 executive director and employment of other personnel, as follows:683 "25-4-7.1.684 (a) The council, in conjunction with the volunteer council, shall appoint and establish the685 compensation of an executive director who shall serve at the pleasure of the council.686 S. B. 96 - 28 - 25 LC 60 0140-ECS (b) The executive director may contract for such services and employ such other687 professional, technical, and clerical personnel as may be necessary and convenient to carry688 out the purposes of this chapter.689 (c) The executive director shall provide the same services in support of the volunteer690 council as provided to the council.691 (d) The executive director shall bring all issues involving vo lunteer firefighters and692 volunteer fire departments to the volunteer council."693 SECTION 6-13.694 Said title is further amended by revising subsection (c) of and adding a new subsection to695 Code Section 25-4-8, relating to qualifications of firefighters generally, to read as follows:696 "(c)(1) For the purposes of making determinations relating to eligibility of full-time or697 part-time firefighters under this Code section, a local fire department shall provide698 information relative to prospective employees to the local law enforcement agency and699 a state fire department shall provide information relative to prospective employees to a700 state law enforcement agency. Such local or state law enforcem ent agency shall be701 authorized to obtain conviction data with respect to such prospective employees of a local702 or state fire department as authorized in this subsection. The local or state law703 enforcement agency shall submit to the Georgia Crime Information Center two complete704 sets of fingerprints of the applicant for appointment or employment, the required records705 search fees, and such other information as may be required. Up on receipt thereof, the706 Georgia Crime Information Center shall promptly transmit one set of fingerprints to the707 Federal Bureau of Investigation for a search of bureau records and an appropriate report708 and shall retain the other set and promptly conduct a search of i t s o w n r e c o r d s a n d709 records to which it has access. The Georgia Crime Information Center shall notify the710 local or state law enforcement agency in writing of any derogatory finding, including, but711 not limited to, any conviction data regarding the fingerprint records check or if there is712 S. B. 96 - 29 - 25 LC 60 0140-ECS no such finding. All conviction data received by the local or state law enforcement713 agency shall not be a public record, shall be privileged, and shall not be disclosed to any714 other person or agency except as provided in this subsection and except to any person or715 agency which otherwise has a legal right to inspect the employment file. All such records716 shall be maintained by the local or state law enforcement agenc y pursuant to laws717 regarding such records and the rules and regulations of the Fed eral Bureau of718 Investigation and the Georgia Crime Information Center, as applicable. As used in this719 subsection, the term 'conviction data' means a record of a finding or verdict of guilty or720 plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether721 an appeal of the conviction has been sought.722 (2) The local or state law enforcement agency shall provide to the chief of the fire723 department which requested information on an applicant for empl oyment any criminal724 data indicating that the applicant was convicted of a felony. Such information may be725 provided to the council. The provisions of paragraph (1) of th is subsection relating to726 privileged information and records of conviction data shall app ly to any information727 provided by a law enforcement agency to a fire department under this subsection.728 (d)(1) For purposes of making determinations relating to eligi bility of volunteer729 firefighters under this Code section, a local fire department s hall provide information730 relative to prospective volunteers to the local law enforcement agency or other agency731 having access to the Georgia Crime Information Center to determ ine if a prospective732 volunteer has been convicted of a felony in this state. Such local agency or other agency733 shall be authorized to obtain conviction data with respect to prospective volunteers of a734 local volunteer fire department as authorized in this subsectio n. All conviction data735 received by the local agency or other agency shall not be a pub lic record, shall be736 privileged, and shall not be disclosed to any other person or agency except as provided737 in this subsection and except to any person or agency which otherwise has a legal right738 to inspect the file. All such records shall be maintained by t he local agency or other739 S. B. 96 - 30 - 25 LC 60 0140-ECS agency pursuant to laws regarding such records and the rules an d regulations of the740 Georgia Crime Information Center, as applicable. As used in th is subsection, the term741 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea742 of nolo contendere with regard to any crime, regardless of whet her an appeal of the743 conviction has been sought.744 (2) The council shall create a form upon which may be indicate d only whether a745 prospective volunteer was convicted of a felony or has no felony convictions. The local746 agency shall complete and provide such form to the chief of the fire department which747 requested information on a prospective volunteer. Such information may be provided to748 the council. The provisions of paragraph (1) of this subsectio n relating to privileged749 information and records of conviction data shall apply to any information provided by a750 local agency or other agency to a local fire department under this subsection."751 SECTION 6-14.752 Said title is further amended by repealing Code Section 25-4-8.1, relating to qualifications753 for volunteer firefighters.754 SECTION 6-15.755 Said title is further amended by revising Code Section 25-4-9, relating to basic firefighter756 training course and transfer of certification, as follows:757 "25-4-9.758 (a)(1)(A) Except as otherwise provided in paragraph (2) of this subsection, full-time,759 and part-time firefighters, including airport firefighters, shall successfully complete a760 basic training course. The council shall determine the course content, number of hours,761 and all other matters relative to basic firefighter training, i ncluding airport rescue762 firefighter training for full-time and part-time firefighters . Upon satisfactory763 completion of such basic training, a firefighter shall be issue d a certificate of764 S. B. 96 - 31 - 25 LC 60 0140-ECS completion evidencing the same . Each firefighter shall be required to successfully765 complete such basic training course within 12 months after bein g employed or766 appointed as a firefighter or, in the case of airport firefighters, within such time period767 as the council may prescribe by rule or regulation.768 (B) The volunteer council shall determine the course content, number of hours, and all769 other matters relative to basic firefighter training for volunt eer firefighters. Each770 volunteer firefighter shall be required to complete such basic training course within 18771 months after being appointed as volunteer firefighter.772 (2) Each firefighter who presents to the council, or to the volunteer council in the case773 of volunteer firefighters, satisfactory documentation, as determined by the council or774 volunteer council, of his or her training as a member of the United States armed forces,775 the Georgia National Guard, or the Georgia Air National Guard s hall be issued a776 certificate of completion by the council or volunteer council.777 (b) A firefighter certified by the council may, upon terminati on of employment or778 volunteer arrangement from any fire department and upon agreement with a subsequently779 employing subsequent fire department, transfer such certification to the employing780 subsequent fire department for the purpose of employment or volunteering.781 (c) Notwithstanding the provisions of subsection (b) of this C ode section, any local fire782 department may refuse to accept the transfer of previously acquired certification and may783 require any newly employed new firefighter who is an employee or a volunteer to complete784 the basic training course provided for in subsection (a) of this Code section."785 SECTION 6-16.786 Said title is further amended by revising Code Section 25-4-10, relating to mandatory787 training, as follows:788 S. B. 96 - 32 - 25 LC 60 0140-ECS "25-4-10.789 (a) As a condition of continued certification, all full-time and part-time firefighters shall790 train, drill, or study at schools, classes, or courses at the l ocal, area, or state level, as791 specified by the council. Authorized leaves of absence are expected.792 (b) As a condition of continued certification, all volunteer firefighters shall train, drill, or793 study at schools, classes, or courses at the local, area, or st ate level, as specified by the794 volunteer council. Authorized leaves of absence are expected."795 SECTION 6-17.796 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,797 is amended by revising paragraph (3) of Code Section 45-9-101, relating to definitions798 relative to temporary disability compensation program for law enforcement officers, firemen,799 prison guards, and publicly employed emergency medical technicians, as follows:800 "(3) 'Firefighter' means:801 (A) Any person who is employed as a professional firefighter o n a full-time or802 part-time basis by any municipal, county, or state government fire department certified803 in writing by the Georgia Firefighter Standards and Training Council pursuant to Code804 Section 25-3-22 employing three or more firefighters and who has the responsibility of805 preventing and suppressing fires,; protecting life and property,; enforcing municipal,806 county, and state fire prevention codes,; enforcing any law pertaining to the prevention807 and control of fires, or who performs any acts or actions while on duty or when808 responding to a fire or emergency during any fire or other emer gency or while809 performing duties intended to protect life and property;810 (B) Any individual serving as an officially recognized or desi gnated member of a811 legally organized volunteer fire department certified in writin g by the Georgia812 Volunteer Fire Service Council Georgia Firefighter Standards and Training Council813 pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and814 S. B. 96 - 33 - 25 LC 60 0140-ECS when responding to a fire or emergency during any fire or other emergency or while815 performing duties intended to protect life and property; or816 (C) Any employee at the State Forestry Commission whose job du ties include fire817 mitigation."818 SECTION 6-18.819 Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is820 amended by revising subparagraph (A) of paragraph (4) of Code Section 47-7-1, relating to821 definitions relative to the Georgia Firefighters' Pension Fund, as follows:822 "(A) A permanent, compensated employee of a fire department who in the course of823 his or her employment by and within a department either is a candidate for or holds a824 current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has825 as incident to his or her position of employment the principal duty of, and actually826 performs the function of, preventing and suppressing fires and who works at least 1,040827 hours per year; provided, however, that such term shall not inc lude persons whose828 primary responsibility is the performance of emergency medical services; or"829 SECTION 6-19.830 Any assets of the Georgia Volunteer Fire Service Council existing as of June 30, 2025, shall831 devolve by operation of law and without further action to the S tate of Georgia on July 1,832 2025. Any liabilities and obligations of the Georgia Volunteer Fire Service Council existing833 as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such834 instruments as may be required to maintain the same.835 S. B. 96 - 34 - 25 LC 60 0140-ECS PART VII836 Georgia Palliative Care and Quality of Life Advisory Council837 SECTION 7-1.838 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising839 Code Section 31-7-191, relating to definitions relative to patient centered and family focused840 palliative care, as follows:841 "31-7-191.842 As used in this article, the term:843 (1) 'Commissioner' means the commissioner of community health.844 (2)(1) 'Department' means the Department of Community Health.845 (3) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the846 advisory council created pursuant to Code Section 31-7-192.847 (4)(2) 'Health care Healthcare facility' means hospitals; other special care units, including848 but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities;849 assisted living communities; personal care homes; ambulatory su rgical or obstetrical850 facilities; health maintenance organizations; home health agenc ies; and diagnostic,851 treatment, or rehabilitation centers.852 (5)(3) 'Palliative care' means those interventions which are intended to alleviate suffering853 and to achieve relief from, reduction of, or elimination of pai n and of other physical,854 emotional, social, or spiritual symptoms of distress to achieve the best quality of life for855 the patients and their families."856 SECTION 7-2.857 Said title is further amended by repealing Code Section 31-7-19 2, relating to Georgia858 Palliative Care and Quality of Life Advisory Council, and designating said Code section as859 reserved.860 S. B. 96 - 35 - 25 LC 60 0140-ECS SECTION 7-3.861 Said title is further amended by revising subsection (a) of Code Section 31-53-6, relating to862 compiling of reports and public dissemination of data by the Office of Health Strategy and863 Coordination, as follows:864 "(a) The office shall compile reports received from the followi ng boards, commissions,865 committees, councils, and offices pursuant to each such entity' s respective statutory866 reporting requirements:867 (1) The Maternal Mortality Review Committee;868 (2) The Hemophilia Advisory Board;869 (3) The Georgia Council on Lupus Education and Awareness;870 (4) The Georgia Palliative Care and Quality of Life Advisory Council;871 (5)(4) The Georgia Trauma Care Network Commission;872 (6)(5) The Behavioral Health Coordinating Council;873 (7)(6) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke874 Registry;875 (8)(7) The Office of Cardiac Care; and876 (9)(8) The Brain and Spinal Injury Trust Fund Commission."877 SECTION 7-4.878 Any assets of the Georgia Palliative Care and Quality of Life Advisory Council existing as879 of June 30, 2025, shall devolve by operation of law and without further action to the State880 of Georgia on July 1, 2025. Any liabilities and obligations of the Georgia Palliative Care and881 Quality of Life Advisory Council existing as of June 30, 2025, shall be transferred to and882 assumed by the State of Georgia, by such instruments as may be required to maintain the883 same.884 S. B. 96 - 36 - 25 LC 60 0140-ECS PART VIII885 Georgia Council on Lupus Education and Awareness886 SECTION 8-1.887 Chapter 49 of Title 31 of the Official Code of Georgia Annotate d, relating to Georgia888 Council on Lupus Education and Awareness, is amended by adding a new Code section to889 read as follows:890 "31-49-1.1.891 As used in this chapter, the term:892 (1) 'Commissioner' means the commissioner of public health.893 (2) 'Council' means the Georgia Council on Lupus Education and Awareness created894 pursuant to Code Section 31-49-2.895 (3) 'Department' means the Department of Public Health."896 SECTION 8-2.897 Said chapter is further amended by revising subsections (a) and (b) of Code Section 31-49-2,898 relating creation of Council on Lupus Education and Awareness, membership, and899 organization, as follows:900 "(a) There is created the Georgia Council on Lupus Education and Awareness within the901 Department of Community Health department.902 (b) The council shall consist of six members as follows:903 (1) The commissioner of community health, or the commissioner's designee, as an ex904 officio member;905 (2) Three members to be appointed by the Governor. The Governor shall appoint two906 members to serve for one year and one to serve for two years. Thereafter, successors to907 such initial appointees shall serve for two years. Of these th ree members, one shall be908 a physician who treats patients with lupus and one shall be a lupus patient;909 S. B. 96 - 37 - 25 LC 60 0140-ECS (3) One member to be appointed by the Speaker of the House of Representatives to serve910 for two years; and911 (4) One member to be appointed by the Lieutenant Governor to serve for two years;."912 SECTION 8-3.913 Said chapter is further amended by revising subsection (a) of Code Section 31-49-3, relating914 to duties and responsibilities, as follows:915 "(a) The council shall have the following duties and responsibilities:916 (1) To initially investigate the level of education concerning lupus in this state; and917 (2) Based on the results of its initial investigation pursuant to paragraph (1) of this Code918 section, to develop information on lupus endorsed by government agencies, including,919 but not limited to, the National Institutes of Health and the f ederal Centers for Disease920 Control and Prevention; and921 (3) To make recommendations to the department regarding the distribution of funds for922 lupus education, awareness, and research."923 SECTION 8-4.924 Said chapter is further amended by repealing Code Section 31-49-6, relating to donations,925 in its entirety.926 PART IX927 Board of Homeland Security928 SECTION 9-1.929 Chapter 3 of Title 38 of the Official Code of Georgia Annotated , relating to emergency930 management, is amended by revising subsection (e) of Code Secti on 38-3-20, relating to931 S. B. 96 - 38 - 25 LC 60 0140-ECS Georgia Emergency Management and Homeland Security Agency creat ed, director, staff,932 offices, director's duties, and disaster coordinator, as follows:933 "(e) The director, subject to the direction and control of the Governor, shall:934 (1) Be the executive head of the Georgia Emergency Management and Homeland935 Security Agency and shall be responsible to the Governor for carrying out the program936 for emergency management and homeland security in this state;937 (2) Serve as the central authority reporting to the Governor o n all matters relating to938 homeland security;939 (3) Have authority over areas involving imminent or current terrorist activity within this940 state, including, but not limited to, leading and directing the actions of the Homeland941 Security Task Force and the Emergency Operations Command where such Emergency942 Operations Command shall not usurp the operational authority of participating agencies943 but shall be responsible only for coordinating the public safet y response to natural944 disasters, homeland security activities, and other emergencies within the state;945 (4) Coordinate the activities of all organizations for emergen cy management and946 homeland security within the state;947 (5) Maintain liaison with and cooperate with emergency managem ent agencies and948 organizations of other states and of the federal government;949 (6) Through risk and threat assessments, coordinate plans for timely and complete950 responses through a network of state, local, and federal organizations, including, but not951 limited to, the coordination of efficient and timely flow of information;952 (7) Be responsible for crisis and consequence management planning, including, but not953 limited to, measures to identify, acquire, and plan the use of resources needed to954 anticipate, prevent, or resolve a threat or act of terrorism;955 (8) Coordinate and review activities involving homeland securi ty within any agency,956 authority, or entity of this state, including, but not limited to, homeland security activities957 found within the Department of Public Safety, the Georgia Bureau of Investigation, the958 S. B. 96 - 39 - 25 LC 60 0140-ECS Georgia National Guard, the Department of Natural Resources, th e Department of959 Community Health, and the Department of Public Health;960 (9) Evaluate information developed by the criminal justice com munity in regard to961 threats or potential threats of terrorism;962 (10) Serve as this t h e state's security manager for the purpose of identifying and963 processing state personnel for security clearances through the United States Department964 of Homeland Security; and965 (11) Have such additional authority, duties, and responsibilities authorized by Article 1,966 this article, and Article 3 of this chapter as may be prescribed by the Governor and such967 additional authority, duties, and responsibilities as described in Article 9 of Chapter 3 of968 Title 35 and Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency969 Telephone Number 9-1-1 Service Act of 1977,' as amended.; and 970 (12) As deemed necessary by the Governor, develop a new state-wide homeland security971 strategy; provided, however, that such strategy shall, in the G overnor's discretion,972 improve the state's ability to protect against, respond to, and recover from domestic973 terrorism and other homeland security threats and hazards and mitigate loss of life and974 property by lessening the impact of future homeland security threats and hazards."975 SECTION 9-2.976 Said chapter is further amended by repealing Article 2A, relati ng to Board of Homeland977 Security.978 SECTION 9-3.979 Any assets of the Board of Homeland Security existing as of June 30, 2025, shall devolve by980 operation of law and without further action to the State of Geo rgia on July 1, 2025. Any981 liabilities and obligations of the Board of Homeland Security existing as of June 30, 2025,982 S. B. 96 - 40 - 25 LC 60 0140-ECS shall be transferred to and assumed by the State of Georgia, by such instruments as may be983 required to maintain the same.984 PART X985 Employment First Georgia Council986 SECTION 10-1.987 Chapter 9 of Title 49 of the Official Code of Georgia Annotated , relating to Georgia988 Vocational Rehabilitation Agency, is amended by adding new paragraphs to Code Section989 49-9-1, relating to definitions, to read as follows:990 "(3.1) 'Competitive integrated employment' means work, including self-employment, in991 the labor market performed on a full-time or part-time basis in a s e t t i n g i n w h i c h a n992 individual with a disability interacts with individuals without disabilities in all aspects of993 the job function and for which such individual with a disability is compensated at or above994 the level of salary and benefits paid by the employer for the s ame or similar work995 performed by individuals without disabilities."996 "(4.1) 'Disability' means a permanent physical, cognitive, or b ehavioral condition that997 significantly limits one or more functions of daily living."998 SECTION 10-2.999 Said chapter is further amended by adding a new Code section to read as follows:1000 "49-9-2.1.1001 (a) The board shall advise the Governor, General Assembly, and state agencies as to the1002 adoption and integration of a policy that recognizes that compe titive integrated1003 employment is the first and preferred option of all state funde d services provided to1004 working age individuals with disabilities. Such policy shall be known as the Employment1005 First Policy or Employment First.1006 S. B. 96 - 41 - 25 LC 60 0140-ECS (b) The board shall have the following powers, duties, and responsibilities with respect to1007 the Employment First Policy provided for in subsection (a) of this Code section:1008 (1) Develop an Employment First training plan for providers of services to individuals1009 with disabilities;1010 (2) Conduct educational activities to increase awareness of the Employment First Policy;1011 (3) Evaluate the funding mechanism for services in this state for individuals with1012 disabilities and for students attending inclusive postsecondary institutions; and1013 (4) Make recommendations in a biannual report to the Governor and the General1014 Assembly with regard to issues and necessary steps surrounding the adoption and1015 implementation of the Employment First Policy, including, but not limited to:1016 (A) Proposed legislative or administrative changes to policies and programs that are1017 integral to the full implementation of the Employment First Policy;1018 (B) Proposed changes to or creation of funding mechanisms and other initiatives for1019 services in this state for individuals with disabilities and for students attending inclusive1020 postsecondary institutions; and1021 (C) State-wide best practices to ensure that providers of serv ices in this state for1022 individuals with disabilities are facilitating competitive integrated employment in the1023 workforce."1024 SECTION 10-3.1025 Said chapter is further amended by repealing Article 3, relatin g to the Employment First1026 Georgia Council.1027 SECTION 10-4.1028 Any assets of the Employment First Georgia Council existing as of June 30, 2025, shall1029 devolve by operation of law and without further action to the S tate of Georgia on July 1,1030 2025. Any liabilities and obligations of the Employment First Georgia Council existing as1031 S. B. 96 - 42 - 25 LC 60 0140-ECS of June 30, 2025, shall be transferred to and assumed by the St ate of Georgia, by such1032 instruments as may be required to maintain the same.1033 PART XI1034 Georgia State Games Commission1035 SECTION 11-1.1036 Article 3 of Chapter 12 of Title 50 of the Official Code of Geo rgia Annotated, relating to1037 Georgia State Games Commission, is amended by revising Code Section 50-12-40, relating1038 to definitions, as follows:1039 "50-12-40.1040 As used in this article, the term:1041 (1) 'Direct-support 'direct-support organization' means a Georgia nonprofit corporation1042 organized and operated to receive, hold, invest, and administer property and to make1043 expenditures to or for the benefit of the Georgia State Games, Olympic training facilities,1044 and the promotion of national and international amateur sports competition.1045 (2) 'Physical fitness' means good or improved habits relating to recreation, exercises,1046 sports, and the use of leisure time and instructions for these purposes and for improving1047 the physique and health of the residents of the state."1048 SECTION 11-2.1049 Said article is further amended by repealing Code Sections 50-12-41 through 50-12-44 and1050 Code Section 50-12-48, relating to creation, purpose of article, membership, appointment,1051 terms, chairperson, powers and duties, and annual report, respectively, relative to the Georgia1052 State Games Commission, and designating said Code sections as reserved.1053 S. B. 96 - 43 - 25 LC 60 0140-ECS SECTION 11-3.1054 Said article is further amended by revising Code Section 50-12-45, relating to assistance by1055 direct-support organization, contract with organization, patter n and design of games,1056 frequency and sites, and subsidiary corporations, as follows:1057 "50-12-45.1058 (a) The commission may authorize a direct-support organization as defined by Code1059 Section 50-12-40 to assist the operation of the Georgia State G ames, the promotion of1060 national and international amateur athletic competitions, and the development of Olympic1061 training centers. The direct-support organization shall operat e under contract with the1062 Department of Natural Resources.1063 (b) The contract between the direct-support organization and the Department of Natural1064 Resources shall, at a minimum, provide for:1065 (1) Approval of the articles of incorporation of the direct-su pport organization by the1066 commission, and for the governance of the direct-support organi zation by members1067 appointed by the commission and approved by the Governor;1068 (2) Submission of an annual budget for the approval of the com mission and the1069 Governor. The budget shall be in accordance with rules adopted by the commission;1070 (3) Certification by the Governor or his designee, after conducting an annual financial1071 and performance review, that the direct-support organization is operating in compliance1072 w i t h t h e t e r m s o f t h e c o n t r a c t a n d i n a m a n n e r c o n s i s t e n t w i t h the goals of the1073 commission and in the best interest of the state. Such certification shall be made to the1074 commission annually and reported in the official minutes of a meeting of the commission;1075 (4) The release and conditions for the expenditure of any state revenues;1076 (5) The reversion to the state of funds held in trust by the direct-support organization if1077 the contract is terminated; and1078 (6) The fiscal year of the direct-support organization as beginning on July 1 and ending1079 June 30 in each and every year.1080 S. B. 96 - 44 - 25 LC 60 0140-ECS (c) The Georgia State Games shall be patterned after the Summer O lympic games with1081 variations as necessitated by the availability of facilities, e quipment, and expertise. The1082 games shall be designed to encourage the participation of athle tes representing a broad1083 range of age groups, skill levels, and Georgia communities. Participants shall be residents1084 of this state. Regional competitions shall be held throughout the state, and the top1085 qualifiers in each sport shall proceed to the final competitions to be held at a site in the this1086 state having the necessary facilities and equipment for conducting the competitions.1087 (d) The commission shall determine the frequency of the Georgia State Games and shall1088 select the sites of the final competition and regional competitions.1089 (e) The commission is authorized to incorporate one or more no nprofit corporations as1090 subsidiary corporations of the commission for the purpose of ca rrying out any of the1091 powers of the commission and to accomplish any of the purposes of the commission. Any1092 subsidiary corporations created pursuant to this subsection sha ll be created pursuant to1093 Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State1094 shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation1095 of the commission, any assets shall revert to the commission or to any successor to the1096 commission or, failing such succession, to the State of Georgia."1097 SECTION 11-4.1098 Said article is further amended by revising Code Section 50-12- 47, relating to audit of1099 Georgia State Games direct-support organization, as follows:1100 "50-12-47.1101 The Georgia State Games direct-support organization shall make provisions for an annual1102 financial and compliance audit of its financial accounts and re cords by an independent1103 certified public accountant in accordance with rules s t a n d a r d s established by the1104 commission Department of Audits and Accounts . The annual audit report shall be1105 submitted to the Governor and the commission for review and approval. Upon approval,1106 S. B. 96 - 45 - 25 LC 60 0140-ECS the Governor and the commission shall certify the audit report to the Department of Audits1107 and Accounts for review and approval."1108 SECTION 11-5.1109 Any assets of the Georgia State Games Commission existing as of June 30, 2025, shall1110 devolve by operation of law and without further action to the S tate of Georgia on July 1,1111 2025. Any liabilities and obligations of the Georgia State Gam es Commission existing as1112 of June 30, 2025, shall be transferred to and assumed by the St ate of Georgia, by such1113 instruments as may be required to maintain the same.1114 PART XII1115 Lottery Retailer Advisory Board1116 SECTION 12-1.1117 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended1118 by repealing Code Section 50-27-6, relating to Lottery Retailer Advisory Board, and1119 designating said Code section as reserved.1120 SECTION 12-2.1121 Any assets of the Lottery Retailer Advisory Board existing as of June 30, 2025, shall devolve1122 by operation of law and without further action to the State of Georgia on July 1, 2025. Any1123 liabilities and obligations of the Lottery Retailer Advisory Bo ard existing as of1124 June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such1125 instruments as may be required to maintain the same.1126 S. B. 96 - 46 - 25 LC 60 0140-ECS PART XIII1127 General Repealer1128 SECTION 13-1.1129 All laws and parts of laws in conflict with this Act are repealed. 1130 S. B. 96 - 47 -