HB1254: HB1254 Professions and businesses; move regulation of various professions from individual boards to Secretary of State

26 LC 56 0646S/AP House Bill 1254 (AS PASSED HOUSE AND SENATE) By: Representatives Reeves of the 99th, Hatchett of the 155th, Wade of the 9th, Prince of the 132nd, Seabaugh of the 34th, and others A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotat ed, so as to move the1 regulation of various professions from individual boards to the Secretary of State; to amend2 Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and3 funeral services, so as to transfer duties of the State Board of Cemeterians to the Secretary4 of State; to eliminate the State Board of Cemeterians; to provide the Secretary of State the5 authority to issue registrations under said chapter; to provide the Secretary of State necessary6 powers to carry out provisions and promulgate rules and regulat ions; to create the7 Cemeterians Advisory Group; to establish membership, terms, meetings, and duties of the8 advisory group; to establish a business continuity and succession plan for cemetery owners;9 to revise regulations regarding preneed dealers and transfers o f cemetery ownership; to10 amend Title 43 of the Official Code of Georgia Annotated, relat ing to professions and11 businesses, so as to repeal Chapter 8B, the "Georgia Cemeterians Board Act"; to amend Code12 Section 53-2-27 of the Official Code of Georgia Annotated, rela ting to DNA testing for13 kinship, procedure, costs, conduct of tests, enforcement, and use of results, so as to provide14 for a conforming change; to amend Title 43 of the Official Code of Georgia Annotated,15 relating to professions and businesses, so as to dissolve the G eorgia Auctioneers16 Commission; to provide for licensure of auctioneers to be trans ferred to the Secretary of17 State; to provide for application for such a licensure; to provide for the refusal to grant such18 H. B. 1254 - 1 - 26 LC 56 0646S/AP a license; to provide for the suspension, revocation, or refusa l to renew such a license; to19 provide exceptions; to provide for reciprocity; to prohibit certain activities; to provide a civil20 penalty; to provide for a misdemeanor; to provide for the disso lution of the auctioneers21 education, research, and recovery fund; to transfer the operation of such fund to the Secretary22 of State; to provide for the operation of the fund prior to its dissolution; to amend Title 4323 and Code Section 12-8-107 of the Official Code of Georgia Annot ated, relating to24 professions and businesses and submission of voluntary investigation and remediation plan,25 enrollment, proof of assurance, termination, and compliance sta tus, respectively, so as to26 repeal and reenact provisions relating to geologists; to provid e for the registration of27 geologists by the Secretary of State; to provide for applicatio n for such a registration; to28 provide for the refusal to grant such a registration; to provide for the suspension, revocation,29 or refusal to renew such a registration; to abolish the State B oard of Registration for30 Professional Geologists; to provide exceptions; to provide for reciprocity; to provide for the31 use of seals by geologists; to prohibit certain activities; to provide a civil penalty; to provide32 for a misdemeanor; to amend Title 43 of the Official Code of Ge orgia Annotated, relating33 to professions and businesses, so as to eliminate the State Board of Hearing Aid Dealers and34 Dispensers; to reconstitute the authority and powers to issue l icenses and permits for the35 dispensing of prescription hearing aids; to provide for rules a nd regulations; to require36 licensing and permits relative to the practice of dispensing pr escription hearing aids; to37 remove dealers as a required entity to be licensed; to provide for qualifications of licensure38 and apprentice permits; to provide for refusal to issue a licen se or permit; to provide for39 violations and penalties; to provide for duration of license an d renewal; to provide for40 furnishing a bill of sale or receipt to persons supplied with p rescription hearing aids; to41 provide for exemptions; to provide for construction; to provide for a short title; to provide42 for purpose and intent; to amend Code Section 43-10A-5 of the O fficial Code of Georgia43 Annotated, relating to powers and duties of the board, quorum, and meetings regarding44 professional counselors, social workers, and marriage and family therapists, so as to correct45 H. B. 1254 - 2 - 26 LC 56 0646S/AP a reference; to make conforming changes; to provide for related matters; to repeal conflicting46 laws; and for other purposes.47 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:48 PART I49 SECTION 1-1.50 Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and51 funeral services, is amended by revising paragraphs (2), (9), a nd (34) of Code52 Section 10-14-3, relating to definitions, as follows:53 "(2) 'Boards' mean the State Board of Cemeterians as described and authorized in54 Chapter 8B of Title 43 and the State Board of Funeral Service a s described and55 authorized in Chapter 18 of Title 43. Reserved."56 "(9) 'Cemetery company' means any entity that owns or controls cemetery lands or57 property. 'Cemetery owner' or 'cemeterian' means every person registered under this58 chapter as the legal owner of a cemetery and authorized to empl oy, appoint, or direct59 individuals to offer for sale or to sell cemetery burial rights, mausoleum interment rights,60 columbarium inurnment rights, grave spaces, and burial or funeral services."61 "(34) 'Salesperson' or 'sales agent' means an individual employ ed or appointed or62 authorized by a cemetery, cemetery company owner, or preneed dealer to sell grave63 spaces, burial rights, burial or funeral merchandise, burial or funeral services, or any64 other right or thing of value in connection with the final disposition of human remains. 65 The owner of a cemetery, the executive officers, and general pa rtners of a cemetery66 company shall not be deemed to be salespersons within the meaning of t his definition67 unless they are paid a commission for the sale of said property , lots, rights, burial or68 funeral merchandise, or burial or funeral services.69 H. B. 1254 - 3 - 26 LC 56 0646S/AP (35) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her70 designee."71 SECTION 1-2.72 Said chapter is further amended by revising Code Section 10-14-3.1, relating to authority of73 boards, as follows:74 "10-14-3.1.75 As provided in this Code section, the boards may Secretary of State and the State Board76 of Funeral Service shall have all administrative powers and other powers necessary to carry77 out the provisions of this chapter, including the authority to promulgate rules and78 regulations, and the Secretary of State may delegate to the boards all such duties otherwise79 entrusted to the Secretary of State; provided, however, that the Secretary of State shall have80 sole authority over matters relating to the regulation of funds , trust funds, and escrow81 accounts and accounting and investigations concerning such matt ers but may delegate82 authority to the appropriate board for the review of such investigations and the83 determination as to disciplinary matters, necessary sanctions, and the enforcement of such84 decisions and sanctions. The State Board of Funeral Service sh all have authority to85 promulgate rules and regulations and may be delegated the authority to make disciplinary86 and sanctioning decisions relating to funeral services or funeral merchandise. The State87 Board of Cemeterians Secretary of State shall have authority to promulgate rules and88 regulations and may be delegated the authority to make disciplinary and sanctioning89 decisions relating to burial services or burial merchandise. T he Secretary of State may90 delegate to each board according to such duties and responsibilities of the boards."91 SECTION 1-3.92 Said chapter is further amended by adding a new Code section to read as follows:93 H. B. 1254 - 4 - 26 LC 56 0646S/AP "10-14-3.2.94 (a) There is created within the office of the Secretary of Sta te a Cemeterians Advisory95 Group which shall consist of five members.96 (b) The Secretary of State shall appoint all members of the ad visory group who shall97 provide the Secretary of State with expertise and assistance in carrying out his or her duties98 pursuant to this chapter. Four members of the advisory group shall be registered cemetery99 owners in this state. One member shall be a consumer.100 (c) Members shall serve terms of four years and shall not be compensated.101 (d) Members may serve consecutive terms at the will of the Sec retary of State. Any102 vacancy shall be filled in the same manner as the regular appointments.103 (e) The advisory group shall meet at least once per year or as otherwise called by the104 Secretary of State.105 (f) The Secretary of State may consult with the advisory group prior to setting or changing106 fees in this chapter and regarding regulation of cemetery care and maintenance matters,107 disciplinary actions taken, appeals, and denials or revocations of registrations. 108 (g) The advisory group may facilitate the development of materials that the Secretary of109 State may utilize to educate the public and industry concerning the requirements regarding110 maintaining a cemetery.111 (h) The Secretary of State may seek the advice of the advisory group on matters necessary112 to carry out the Secretary of State's responsibilities under this chapter; provided, however,113 that such advice shall be advisory only and shall not limit or supersede the authority of the114 Secretary under this chapter."115 SECTION 1-4.116 Said chapter is further amended by revising paragraph (2) of su bsection (b) of Code117 Section 10-14-4, relating to registration of cemetery owners, p reneed dealers, burial or118 funeral merchandise dealers, exemptions, and nonperpetual care cemeteries, as follows:119 H. B. 1254 - 5 - 26 LC 56 0646S/AP "(2) Every person desiring to be a registered preneed dealer, other than a person already120 licensed by the Board of Funeral Service as a funeral services director in full and121 continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians122 as a cemeterian registered under this chapter , shall file with the Secretary of State a123 registration application in a form prescribed by the Secretary of State, executed and duly124 verified under oath by the applicant, if the applicant is an individual, or by an executive125 officer or general partner, if the applicant is a corporation o r partnership, or by an126 individual of similar authority, if the applicant is some other entity, and containing the127 following information:128 (A) The name of the applicant;129 (B) The location, mailing address, and telephone number of the applicant's principal130 business location in Georgia and the same information for other locations where131 business is conducted, together with any trade names associated with each location;132 (C) All locations of the records of the applicant which relate to preneed sales in133 Georgia;134 (D) If the applicant is not a natural person, the names of the president, secretary, and135 registered agent if the applicant is a corporation, of each general partner if the applicant136 is a partnership, or of individuals of similar authority, if th e applicant is some other137 entity and their respective addresses and telephone numbers; the name and address of138 each person who owns 10 percent or more of any class of ownersh ip interest in the139 applicant and the percentage of such interest; and the date of formation and the140 jurisdiction of organization of the applicant;141 (E) A certified copy of a certificate of existence or certific ate of authority issued in142 accordance with Code Section 14-2-128 if the applicant is a corporation;143 (F) A description of any judgment or pending litigation to which the applicant or any144 affiliate of the applicant is a party and which involves the operation of the applicant's145 H. B. 1254 - 6 - 26 LC 56 0646S/AP preneed business in Georgia or which could materially affect the business or assets of146 the applicant;147 (G) Whether the applicant or any affiliate of the applicant owns any other entities in148 Georgia regulated by this chapter and, if so, the location, mai ling address, telephone149 number, and type of registration of such other entities;150 (H) A consent to service of process meeting the requirements o f Code151 Section 10-14-24 for actions brought by the State of Georgia;152 (I) A list of each individual employed, appointed, or authoriz ed by the applicant to153 offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or154 burial services on behalf of the applicant;155 (J) A balance sheet of the applicant dated as of the end of the most recent fiscal year156 and in no event dated more than 15 months prior to the date of filing, which the157 Secretary of State shall treat as confidential and not open to public inspection;158 (K) The name, address, location, and telephone number of the preneed trust or escrow159 account depository or depositories, the names of the accounts, and the account160 numbers;161 (L) An executed copy of the trust or escrow agreement required by Code162 Section 10-14-7 or 10-14-7.1;163 (M) The name, address, and telephone number of the trust or escrow agent;164 (N) Such other information and documents as the Secretary of S tate may require by165 rule; and166 (O) A filing fee of $250.00.167 The provisions of this paragraph notwithstanding, a person lice nsed by the Board of168 Funeral Service as a funeral services director in full and continuous charge or an owner169 of a cemetery licensed by the State Board of Cemeterians as a c emeterian registered170 under this chapter shall not be required to separately register as a preneed deal er,171 H. B. 1254 - 7 - 26 LC 56 0646S/AP provided that the requirements of subparagraphs (A) through (N) of this paragraph are172 satisfied."173 SECTION 1-5.174 Said chapter is further amended by adding a new Code section to r e a d a s f o l l o w s :175 "10-14-4.1.176 (a) Every cemetery owner registered under this chapter shall e stablish, implement, and177 maintain written procedures constituting a business continuity and succession plan. The178 plan shall be appropriate to the size and structure of the cemetery owner's operations, the179 nature of the cemetery's services, the number of cemetery locations, and whether preneed180 sales or perpetual care activities are conducted. Such plan shall be reasonably designed to181 enable the cemetery to meet its existing obligations to customers. The business continuity182 plan shall be made available to the Secretary of State.183 (b) The business continuity and succession plan shall, at a minimum, provide for:184 (1) The protection, backup, and recovery of cemetery records, including burial rights,185 ownership records, lot sales and plats, interment and disinterm ent records, preneed186 contracts and trust or escrow documents, perpetual care trust fund records, cemetery rules187 and regulations, and all financial books and records required under this chapter;188 (2) Alternate means of communication with lot owners, purchase rs, preneed contract189 holders, funeral establishments, key personnel, employees, contractors, vendors, service190 providers, including trustees, escrow agents, and depositories, and the Secretary of State,191 as well as procedures for providing timely notice of a significant business interruption,192 the death or unavailability of key personnel, the inability to perform interments or193 inurnments, interruptions in access to cemetery property, or an y other cessation or194 disruption of operations;195 (3) Temporary or permanent relocation of cemetery operations in the event of a loss of196 the principal place of business or essential cemetery facilities;197 H. B. 1254 - 8 - 26 LC 56 0646S/AP (4) The assignment of duties to qualified responsible persons to ensure continuity of198 cemetery operations in the event of the death, incapacity, or u navailability of key199 personnel, including procedures for conducting scheduled interm ents or inurnments,200 responding to lot owners and families, complying with trust or escrow deposit201 requirements, and safeguarding cemetery property and records; and202 (5) Procedures designed to minimize service disruptions and prevent harm to lot owners,203 preneed contract holders, families, and the public in the event of a sudden or significant204 business interruption, including continuity of grounds maintena nce, perpetual care,205 interment and inurnment services, trust or escrow administratio n, and the security and206 integrity of cemetery property.207 (c) The Secretary of State shall require a registered cemetery owner to provide such208 additional information, documentation, or assurances as the Secretary of State considers209 necessary or appropriate for the protection of purchasers and trust beneficiaries, consistent210 with the Secretary of State's investigative and supervisory authority under this chapter and211 under Chapter 5 of this title, the 'Georgia Uniform Securities Act of 2008.'212 (d) The Secretary of State shall promulgate such rules and regulations as are necessary to213 implement and enforce the provisions of this Code section."214 SECTION 1-6.215 Said chapter is further amended by revising subsection (a) of Code Section 10-14-5, relating216 to registration of preneed sales agents and retention of employee applications by registered217 cemeteries, as follows:218 "(a) All individuals who offer preneed contracts to the public, or who execute preneed219 contracts on behalf of any entity required to be registered as a preneed dealer, and all220 individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be221 registered with the Secretary of State as preneed sales agents, pursuant to this Code section,222 unless such individuals are exempted under this chapter or individually own a controlling223 H. B. 1254 - 9 - 26 LC 56 0646S/AP interest in a preneed dealer registered under this chapter. For purposes of this chapter, any224 person licensed by or registered with the Board of Funeral Serv ice as a funeral services225 director in full and continuous charge or an owner of a cemeter y licensed by the State226 Board of Cemeterians registered under this chapter as a cemeterian shall be deemed a227 registered preneed dealer, and regulated pursuant to the rules governing same, by virtue228 thereof."229 SECTION 1-7.230 Said chapter is further amended by revising subsections (b), (e ), and (j) of Code231 Section 10-14-6, relating to perpetual care trust funds, as follows:232 "(b)(1) Each cemetery or cemetery company required to be registered by this chapter233 shall establish and maintain an irrevocable trust fund for each cemetery owned.234 (2) For trust funds established on or after July 1, 2000, the initial deposit to said235 irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be236 made before selling or contracting to sell any burial right. No such initial deposit shall237 be required with respect to any cemetery for which there is an existing perpetual care238 account on July 1, 2000. The trust fund shall apply to sales or contracts for sale of lots,239 grave spaces, niches, mausoleums, columbaria, urns, or crypts i n which perpetual care240 has been promised or guaranteed.241 (3) The initial corpus of the trust fund and all subsequent re quired deposits shall be242 deposited in a state bank, state savings and loan institution, savings bank, national bank,243 or federal savings and loan institution, whose deposits are insured by the Federal Deposit244 Insurance Corporation or other governmental agency, or a state or federally chartered245 credit union insured under 12 U.S.C. Section 1781 of the Federa l Credit Union Act, or246 other depository or trustee which is approved by the Secretary of State or which meets247 the standards contained in the rules and regulations promulgate d by the Secretary of248 State.249 H. B. 1254 - 10 - 26 LC 56 0646S/AP (4) Each perpetual care trust fund established on or after Jul y 1, 2000, shall be named250 'The ___________ Cemetery ____________ Perpetual Care Trust Fun d' with the first251 blank being filled by the name of the cemetery and the second blank being filled by the252 month and year of the establishment of such trust fund. If a cemetery has a perpetual care253 trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits,254 the cemetery may make additional deposits to such a trust fund on the condition that the255 entire corpus of the trust fund, any income earned by the trust fund, and any subsequent256 deposits to the trust fund are thereafter governed by the provi sions of this chapter, the257 'Georgia Cemetery and Funeral Services Act of 2000,' as it exis ted on July 1, 2000,258 except for the amount of the initial deposit to the trust fund. If a cemetery owner or259 company cemetery elects to establish a new perpetual care trust fund subject to t h e260 provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as261 it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is262 subject to the provisions of law in effect on the date of its establishment, and deposits for263 sales transacted on or after July 1, 2000, shall be deposited in the trust fund established264 on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual265 care trust fund which complies with provisions of law in effect on the date of its266 establishment, a new trust fund created in compliance with this chapter shall not require267 an initial deposit."268 "(e)(1) The income earned by the trust fund shall be retained by the trust fund. At such269 time as either:270 (A) The cemetery owner is not licensed registered and has not been licensed registered271 for 90 or more consecutive days to sell burial rights;272 (B) The cemetery is under the management of a receiver; or273 (C) Less than 50 percent of available lots are unsold,274 then 95 percent of the income from the trust fund shall be paid to the owner or receiver275 exclusively for covering the costs of care and maintenance of t he cemetery, including276 H. B. 1254 - 11 - 26 LC 56 0646S/AP reasonable administrative expenses incurred in connection therewith. The income of the277 trust fund shall be paid to the owner or receiver at intervals agreed upon by the recipient278 and the trustee, but in no case shall the income be paid more often than monthly.279 (2) Subject to the limitations set forth in paragraph (1) of t his subsection, a cemetery280 owner or receiver may request a trustee to distribute income fo llowing the unitrust281 distribution method provisions outlined in Code Section 53-12-362. The cemetery owner282 or receiver may select the unitrust distribution method by delivering written instructions283 to the trustee no later than 60 days prior to when the conversion shall take place. Such284 notification shall also be provided to the Secretary of State. The unitrust distribution285 method and the distribution rate selected shall remain in effec t unless the cemetery or286 cemetery company notifies the trustee and the Secretary of State of its desire to effect a287 change.288 (3) Disbursements from the trust in accordance with this subsection shall be made on a289 monthly, quarterly, semiannual, or annual basis, as agreed upon by the cemetery or290 cemetery company and the trustee.291 (4) The Secretary of State may limit or prohibit any distribution based on the unitrust292 distribution method provisions in situations where investment r eturns and distribution293 practices have not resulted in sufficient protection of the perpetual care trust fund's trust294 principal based upon a three three-year to five-year analysis."295 "(j) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain296 funds in the trust account as required by this chapter or of fr aud, theft, or misconduct by297 the owners of the cemetery or the officers or directors of a cemetery company which has298 wasted or depleted such funds, the cemetery owners or the offic ers or directors of a299 cemetery company may be held jointly and severally liable for any deficiencies in the trust300 account as required in this chapter."301 H. B. 1254 - 12 - 26 LC 56 0646S/AP SECTION 1-8.302 Said chapter is further amended by revising subsection (i) of Code Section 10-14-7, relating303 to preneed escrow accounts or trust funds, as follows:304 "(i) Trust funds shall not be invested in or loaned to any business venture controlled by the305 preneed dealer, a person who owns a controlling interest of a c emetery owner preneed306 dealer that is not a natural person, any cemetery or cemetery controlled by such persons,307 or an affiliate of any of these persons or entities."308 SECTION 1-9.309 Said chapter is further amended by revising subsection (c) of Code Section 10-14-9, relating310 to amendment of registration applications, audit of registrant records, and transfer of311 ownership in cemeteries or preneed dealers, as follows:312 "(c)(1) When any a cemetery or preneed dealer registered under Code Section 10-14-4313 is sold or the transfers ownership is otherwise transferred of a cemetery or preneed314 business, or a controlling interest is sold or transferred, the vendor or the transferor of315 such cemetery, preneed dealer, or interest shall remain liable for any funds that should316 have been deposited prior to the date of such sale or transfer in the perpetual care trust317 fund or the preneed escrow account, or both.318 (1)(2) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of319 State of the proposed transfer and submit to the Secretary of S tate any document or320 record the Secretary of State may require in order to demonstra te that said vendor or321 transferor is not indebted to the perpetual care trust fund or the preneed escrow account,322 or both. After the transfer of ownership or control and the pr esentation of proof of323 currency of the perpetual care trust fund or the preneed escrow account, or both, by the324 vendor or transferor, the Secretary of State may require the presentation of proof of the325 continued current status of the perpetual care trust fund or the preneed escrow account,326 or both, by the vendee or transferee. The Secretary of State is authorized to recover from327 H. B. 1254 - 13 - 26 LC 56 0646S/AP such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust328 fund or the preneed escrow account, or both, all sums which the vendor, transferor,329 vendee, or transferee has not properly accounted for and paid into the trust fund.330 (2)(3) When the vendee or transferee has complied with the provisions of this subsection,331 he or she shall submit to the Secretary of State an application for registration and332 appropriate fees pursuant to Code Section 10-14-4. The Secreta ry of State shall then333 issue a certificate of registration to said vendee or transferee."334 SECTION 1-10.335 Said chapter is further amended by revising subsection (d) of Code Section 10-14-19, relating336 to enforcement of chapter and civil penalties, as follows:337 "(d) In any civil proceeding brought under this Code section, if the Secretary of State shall338 establish that a perpetual care trust fund or preneed escrow ac count has not been339 established and maintained as required, the assets of the cemet ery owner , cemetery340 company, or preneed dealer may be seized and sold by the state under orders of the court341 to the extent necessary to provide said perpetual care trust fund or preneed escrow account342 and set up the same. In addition, where the registration has b een revoked, the whole343 company cemetery property may be ordered sold after the perpetual care trust fu nd and344 preneed escrow account have been established so that the purchaser of the cemetery may345 continue to operate the same and maintain it under the terms of this chapter."346 SECTION 1-11.347 Said chapter is further amended by replacing "cemetery company" and "cemetery company's"348 with "cemetery" and "cemetery's" wherever each such former term appears in:349 (1) Code Section 10-14-12, relating to separate accounts and r ecords, owner acting as350 truster, removal of trustee, removal of trustee or escrow agent, and financial reports;351 (2) Code Section 10-14-17, relating to prohibited acts and fees; and352 H. B. 1254 - 14 - 26 LC 56 0646S/AP (3) Code Section 10-14-29, relating to construction of mausoleums and columbariums353 and preconstruction trust funds.354 SECTION 1-12.355 Said chapter is further amended in Code Section 10-14-23, relating to administrative appeal356 of orders issued by Secretary of State, by revising subsection (a) as follows:357 "(a) Where the Secretary of State has issued any order forbidding the sale of burial lots,358 burial rights, burial merchandise, or burial services under any provision of this chapter, he359 or she shall promptly send to the cemetery owner, cemetery comp any, burial or funeral360 merchandise dealer, or preneed dealer and to the persons who have filed such application361 for registration a notice of opportunity for hearing. Before en tering an order refusing to362 register any person or entity and after the entering of any ord er for revocation or363 suspension, the Secretary of State shall promptly send to such person or entity a notice of364 opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to365 this Code section."366 SECTION 1-13.367 Title 43 of the Official Code of Georgia Annotated, relating to professions and business, is368 amended by repealing Chapter 8B, relating to cemetarians.369 SECTION 1-14.370 Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing371 for kinship, procedure, costs, conduct of tests, enforcement, and use of results, is amended372 by revising paragraph (1) of subsection (d) as follows:373 "(d)(1) The costs of obtaining and testing of DNA samples, incl uding the costs of374 disinterment and reinterment of the remains of the decedent, if necessary, as well as the375 costs of providing the report, shall be assessed against and paid by the moving party, and376 H. B. 1254 - 15 - 26 LC 56 0646S/AP the court may award such costs as part of its final decree; pro vided, however, that the377 court may, in its discretion after all parties in interest have been given reasonable378 opportunity to be heard, cast all or part of such costs against one or more parties in379 interest upon entering a finding of fact that any such party ha s asserted in bad faith a380 position with respect to the kinship in controversy in a procee ding under this article or381 has failed unreasonably to cooperate with an order for DNA testing entered pursuant to382 this Code section. The costs of disinterment may include a rea sonable fee for services383 provided by a cemetery company in connection therewith, subject to the limitation upon384 such charges imposed by subsection (d) of Code Section 10-14-17."385 PART II386 SECTION 2-1.387 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,388 is amended by repealing Chapter 6, relating to auctioneers, and enacting a new Chapter 6 to389 read as follows:390 "CHAPTER 6391 43-6-1.392 As used in this chapter, the term:393 (1) 'Absolute auction' means that ownership and title of real or personal property offered394 at auction shall be conveyed to the high bidder without reserva tion and without any395 competing bids of any type by the owner or an agent of the owner of the property.396 (2) 'Auction business' or 'business of auctioning' means the performing of any of the acts397 of an auctioneer, including bid calling for a fee, commission, or any other valuable398 consideration or with the intention or expectation of receiving the same by means of or399 H. B. 1254 - 16 - 26 LC 56 0646S/AP by process of an auction or sale at auction or offering, negoti ating, or attempting to400 negotiate a listing contract for the sale, purchase, or exchang e of goods, chattels,401 merchandise, real or personal property, or any other commodity which lawfully may be402 kept or offered for sale.403 (3) 'Auction with reserve' means that the seller reserves the right to refuse any and all404 bids.405 (4) 'Auctioneer' means any person, licensed under this chapter , who, for a fee,406 commission, or any other valuable consideration or with the intention or expectation of407 receiving the same by means of or by process of an auction or s ale at auction, whether408 conducted in person, online, electronically, or through an internet-based platform, offers,409 negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of410 goods, chattels, merchandise, real or personal property, or any other commodity which411 lawfully may be kept or offered for sale.412 (5) 'Goods' means any chattel, goods, merchandise, real or per sonal property, or413 commodities of any form or type which lawfully may be kept or offered for sale.414 (6) 'Person or persons' means an individual.415 (7) 'Ringperson' means any person employed directly by an auct ioneer or auction416 company responsible for a sale who assists the auctioneer in the conduct of an auction,417 provided that such person shall not be permitted to call or cha nt a bid or negotiate a418 listing contract.419 (8) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her420 designee.421 43-6-2.422 In carrying out the duties and responsibilities under this chapter, the Secretary of State may423 seek the advice and counsel of industry representatives, stakeh olders, or subject matter424 H. B. 1254 - 17 - 26 LC 56 0646S/AP experts as he or she deems appropriate to provide expertise and assistance in the425 administration and enforcement of this chapter.426 43-6-3.427 The Secretary of State shall have the power to regulate the issuance of licenses, to revoke428 or suspend licenses issued under this chapter, and to censure licensees for any violation of429 this chapter.430 43-6-4.431 (a) It shall be unlawful for any person, directly or indirectl y, to engage in, conduct,432 advertise, hold himself or herself out as engaging in or conducting the business of, or act433 in the capacity of, an auctioneer within this state without fir st obtaining a license as an434 auctioneer as provided in this chapter, unless he or she is exe mpted from obtaining a435 license under Code Section 43-6-15.436 (b) It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real437 property unless such auctioneer is also licensed as a real estate broker, associate broker, or438 salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was439 licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984,440 submits proof to the commission that he or she has been auctioning real property for five441 years or more immediately prior to the date of application shall not be required to meet the442 provisions of this subsection, but such person shall not thereb y be construed to be a real443 estate broker, associate broker, or salesperson under Chapter 40 of this title.444 43-6-5.445 (a) Any person desiring to act as an auctioneer shall file an application for licensure with446 the Secretary of State. The application shall be completed and submitted upon a form and447 in such manner as prescribed by the Secretary of State and shal l be accompanied by the448 H. B. 1254 - 18 - 26 LC 56 0646S/AP applicable fees and evidence satisfactory to the Secretary of State that the applicant meets449 the requirements for licensure under this chapter.450 (b) To be eligible for licensure as an auctioneer, an applicant shall:451 (1) Be at least 18 years of age;452 (2) Have obtained a high school diploma or its equivalent, as determined by the453 Secretary of State;454 (3) Have successfully completed an auctioneer education program approved pursuant to455 this chapter;456 (4) Successfully pass an examination approved or administered by the Secretary of State457 to determine the applicant's knowledge and competency to practice as an auctioneer in458 this state;459 (5) Maintain an escrow or trustee account for the receipt, hol ding, or disbursement of460 funds belonging to others and provide information identifying such account, together with461 authorization permitting examination of the account by the Secretary of State or his or her462 designee; and463 (6) Provide at least one secure and verifiable document, as de fined in Code Section464 50-36-2, establishing the applicant's identity, and submits an affidavit verifying lawful465 presence in the United States pursuant to Code Section 50-36-1, t o g e t h e r w i t h a n y466 required immigration documentation for noncitizen applicants.467 (c) An application for a license under this Code section shall constitute express consent468 and authorization for the Secretary of State to perform a crimi nal background check469 conducted by the Georgia Crime Information Center and the Feder al Bureau of470 Investigation. Each applicant who submits an application to the Secretary of State for471 licensure agrees to provide any and all information necessary to run a criminal background472 check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be473 responsible for all fees associated with the performance of such background check.474 H. B. 1254 - 19 - 26 LC 56 0646S/AP (d) The Secretary of State shall have the authority to approve auctioneer education475 programs and schools that are accredited by a recognized accred iting body or otherwise476 deemed eligible by the Secretary of State to meet the education requirements of this477 chapter. The Secretary of State may establish standards, criteria, and procedures by rule for478 such approval or eligibility determinations.479 43-6-6.480 (a) All licenses issued under this chapter shall be renewable biennially at such time as may481 be designated by the division director, as defined in Code Section 43-1-1, and shall expire482 as provided in Code Section 43-1-4. Applications for renewal sh all be filed with the483 Secretary of State prior to the expiration date and shall be accompanied by the renewal fee484 prescribed by the Secretary of State, and proof, in a form acce ptable to the Secretary of485 State, that the licensee has completed continuing education as required in Code Section486 43-6-7.487 (b) Each licensee shall be responsible for the timely renewal of his or her license and shall488 notify the Secretary of State, in a manner prescribed by the Se cretary of State, of any489 change in mailing address or contact information.490 (c) Failure to renew a license shall result in forfeiture of the license, which shall have no491 force or effect unless and until reinstated in accordance with this Code section.492 (1) A forfeited license may be reinstated within one year of t he expiration date upon493 submission of an application and payment of all required renewal and restoration fees,494 in such manner as prescribed by the Secretary of State.495 (2) A license that has been forfeited for more than one year but less than two years may496 be reinstated at the discretion of the Secretary of State upon submission of an application,497 payment of the required fees, and compliance with any continuin g education498 requirements established pursuant to this chapter.499 H. B. 1254 - 20 - 26 LC 56 0646S/AP (d) Failure to restore a forfeited license within two years of the expiration date shall result500 in automatic termination of the license, and the Secretary of S tate may require the501 individual to reapply for licensure as a new applicant.502 43-6-7.503 (a) The Secretary of State shall be authorized to require pers ons seeking renewal of an504 auctioneer's license under this chapter to complete approved continuing education of not505 more than eight hours biennially.506 (b) The Secretary of State shall be authorized to waive the co ntinuing education507 requirement in cases of hardship, disability, or illness or under such other circumstances508 as the Secretary of State deems appropriate.509 (c) The Secretary of State shall be authorized to promulgate r ules and regulations to510 implement and ensure compliance with the requirements of this Code section.511 43-6-8.512 (a) Any resident of another state who holds a current license as an auctioneer under the513 laws of any other state having requirements similar to those in this chapter may, at the514 discretion of the Secretary of State, be issued a license to practice as an auctioneer in this515 state without written examination upon the payment of the fees as required by the Secretary516 of State.517 (b) Any resident of another state which does not have a law re gulating the licensing of518 auctioneers but who holds a current and valid license in a stat e which has a reciprocal519 licensing agreement with Georgia may, at the discretion of the Secretary of State, be issued520 a license to practice as an auctioneer in this state without examination upon the payment521 of a fee as required by the Secretary of State.522 (c) By applying for or engaging in the business of auctioning in this state pursuant to this523 Code section, a nonresident auctioneer shall be deemed to have appointed the Secretary of524 H. B. 1254 - 21 - 26 LC 56 0646S/AP State as the auctioneer's lawful agent for service of process i n any civil action or legal525 proceeding arising out of or related to the auctioneer's business of auctioning in this state.526 Service of process upon the Secretary of State pursuant to this subsection shall be of the527 same legal force and effect as personal service upon the auctioneer. Upon receipt of such528 process, the Secretary of State shall forward a copy thereof to the auctioneer at the529 auctioneer's last known address on file with the Secretary of State.530 43-6-9.531 (a) Every licensed auctioneer shall maintain an active escrow or trustee account at a532 financial institution for the receipt, holding, and disbursement of funds belonging to others533 arising from auction activities.534 (b) All auction proceeds received by an auctioneer shall be de posited into an escrow or535 trustee account not later than 48 hours or the next business da y after receipt, unless536 settlement is made within 24 hours.537 (c) Funds belonging to others shall not be commingled with the auctioneer's personal funds538 or with any general operating account and shall be held in the escrow or trustee account539 until properly disbursed to the appropriate parties.540 (d) Every licensed auctioneer shall provide to the Secretary o f State information541 identifying the escrow or trustee account, including the name o f the financial institution542 and the account number, together with authorization permitting examination of such543 account by the Secretary of State or his or her designee.544 (e) Every licensed auctioneer shall notify the Secretary of State of any change in the name545 or location of the escrow or trustee account or any other mater ial change affecting546 compliance with this Code section, in such manner as prescribed by the Secretary of State.547 (f) The Secretary of State may adopt rules governing escrow or trustee account548 requirements, reporting, recordkeeping, and examination as nece ssary to administer and549 enforce this Code section.550 H. B. 1254 - 22 - 26 LC 56 0646S/AP 43-6-10.551 The Secretary of State shall prepare and deliver a pocket card certifying that the person552 whose name appears thereon is a licensed auctioneer, as the case may be, stating the period553 of time for which fees have been paid.554 (b) A Georgia auctioneer's license identification card, or an electronic or digital version555 thereof approved by the Secretary of State, shall be carried on the auctioneer's person when556 participating in the business of auctioning in any capacity.557 (c) Should the auctioneer change his or her place of business, he or she shall notify the558 Secretary of State in writing within ten days of such change, and thereupon a new pocket559 card shall be granted to the auctioneer.560 43-6-11.561 (a) Where an applicant has been convicted of forgery, embezzle ment, obtaining money562 under false pretenses, larceny, extortion, conspiracy to defrau d, or other like offense or563 offenses or has been convicted of any other crime in a court of competent jurisdiction of564 this or any other state, district, or territory of the United States or of a foreign country, such565 untrustworthiness of the applicant and the conviction, in itself, may be a sufficient ground566 for refusal of a license.567 ( b ) W h e r e a n a p p l i c a n t h a s m a d e a f a l s e s t a t e m e n t o f m a t e r i a l fact on his or her568 application, such false statement, in itself, may be sufficient ground for refusal of a license.569 (c) Grounds for suspension or revocation of a license, as provided for by this chapter, shall570 also be grounds for refusal to grant a license.571 43-6-12.572 The refusal to grant a license as provided in this chapter shal l not be considered to be a573 contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative574 Procedure Act,' and notice and hearing as provided in such chap ter shall not be required575 H. B. 1254 - 23 - 26 LC 56 0646S/AP in connection with such refusal. Notice of refusal to grant a l icense shall be sent by576 registered mail or statutory overnight delivery or personal ser vice setting forth the577 particular reasons for the refusal. The written notice shall be sent to the applicant's address578 of record with the Secretary of State, and the applicant shall be allowed to appear before579 the Secretary of State, or their designee, if the applicant requests to do so in writing.580 43-6-13.581 The Secretary of State shall have the authority to investigate the actions of any auctioneer582 and shall have power to censure such licensee or to revoke or suspend any license issued583 under this chapter whenever such license has been obtained by f alse or fraudulent584 representation or the licensee has been found guilty of any unfair trade practices, including,585 but not limited to:586 (1) Making any substantial misrepresentation while describing any property, real or587 personal; using any false, deceptive, misleading, or untruthful advertising; or making any588 statements, whether in person or through advertising, which may create false or589 unjustified expectations of the services to be performed;590 (2) Engaging in a continued and flagrant course of misrepresen tation, making false591 promises through an agent, or advertising an auction to be an a bsolute auction while592 conducting the auction with reserve or otherwise inconsistently with such representation;593 (3) Failing to account for or remit, within 30 days unless otherwise provided by contract,594 any money belonging to others that comes into his or her possession, commingling funds595 of others with his or her own, or failing to keep such funds of others in an escrow or596 trustee account;597 (4) Conviction by a court of competent jurisdiction in this st ate or any other state of a598 felony or a crime involving moral turpitude;599 (5) Violation of this chapter, any rule or regulation, or code of ethics promulgated by the600 Secretary of State;601 H. B. 1254 - 24 - 26 LC 56 0646S/AP (6) Engaging in conduct demonstrating bad faith, dishonesty, f raud, incompetence, or602 untruthfulness in connection with the business of auctioning;603 (7) Having had any license to practice a business or professio n revoked, suspended,604 annulled, or sanctioned, or otherwise having had any disciplina ry action taken by any605 other licensing authority in this or any other state; or606 (8) Knowingly making any misleading, false, or deceptive statement on any application607 for a licensure or renewal under this chapter.608 (b) The Secretary of State may discipline, suspend, revoke, or refuse to renew a license609 only after proper notice and an opportunity for a hearing. 610 (c) Except as otherwise provided, the provisions of Chapter 13 of Title 50, the 'Georgia611 Administrative Procedure Act,' shall be applicable to the provisions of this chapter and to612 the Secretary of State in carrying out the provisions of this chapter.613 43-6-14.614 Whenever, in the judgment of the Secretary of State, any person has engaged in any acts615 or practices which constitute a violation of this chapter, the Attorney General may bring616 an action in the name of the state in the superior court of the county in which venue is617 proper, to abate and temporarily and permanently to enjoin such acts and practices and to618 enforce compliance with this chapter. The plaintiff shall not be required to give any bond.619 43-6-15.620 Except as otherwise provided in this chapter, this chapter shall not apply to: 621 (1) Any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any622 such person acting under order of any court;623 (2) Any nonprofit organization conducting an auction where the funds are to be used in624 a way as to benefit persons with physical or mental disabilitie s or disorders or for625 research related to cures or prevention of such disabilities or disorders, nor shall this626 H. B. 1254 - 25 - 26 LC 56 0646S/AP chapter apply to any auction conducted by a nonprofit organization where the funds are627 to be used for the preservation of wildlife or its habitats whether conducted by a licensed628 auctioneer or nonlicensed auctioneer;629 (3) Any person acting as an auctioneer in the auction of lives tock, forest products, or630 farm products in an auction facility which is licensed and bond ed under the provisions631 of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code632 Section 10-4-101 or to any youth livestock auction, sponsored b y a 4-H Club or the633 Future Farmers of America;634 (4) Any students of approved auctioneering schools during the term of their course of635 study;636 (5) Any person conducting a public sale of personal property pursuant to the provisions637 of Code Section 10-4-213; or638 (6) Ringpersons as defined in Code Section 43-6-1.639 43-6-16.640 Any person acting as an auctioneer as provided in this chapter without a license and any641 person who violates this chapter shall be guilty of a misdemean or and, upon conviction642 thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term643 not to exceed 90 days, or both.644 43-6-17.645 Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by646 any municipality, county, or other political subdivision of thi s state; provided, however,647 that no such political subdivision shall license any auctioneer required to be licensed by648 this chapter unless such auctioneer has been approved for licen sure by the Secretary of649 State as required in this chapter.650 H. B. 1254 - 26 - 26 LC 56 0646S/AP 43-6-18.651 (a) Effective July 1, 2026, the Georgia Auctioneers Commission shall stand dissolved. 652 Notwithstanding such dissolution, the auctioneers education, research, and recovery fund653 established pursuant to the former provisions of Code Section 43-6-22.1 as such provisions654 existed prior to July 1, 2026, shall remain in existence solely for the purpose of655 administering, defending, and paying claims arising from acts, representations,656 transactions, or conduct of a licensee and to fund continuing education for auctioneers.657 (b) On and after July 1, 2026, the Secretary of State shall se rve as the successor658 administrator to the Georgia Auctioneers Commission for all mat ters arising under this659 Code section, including the receipt of notices, the defense of actions, the processing of660 claims, and the payment of court ordered damages from the fund. Any person, except661 bonding companies when they are not principals in an auction transaction, aggrieved by an662 act, representation, transacti on, or conduct of an individual l icensed under this chapter663 which is in violation of the current or former provisions of this chapter or of the rules and664 regulations promulgated pursuant to such, may recover, by order of any court having665 competent jurisdiction, actual or compensatory damages, not including interests and costs666 sustained by the act, representation, transaction, or conduct, provided that nothing shall be667 construed to obligate the fund for more than $10,000.00 per transaction regardless of the668 number of persons aggrieved or parcels of real estate or lots of personal property involved669 in such transaction. In addition:670 (1) The liability of the fund for the acts of an individual li censed under this chapter,671 when acting as such, is terminated upon the issuance of court o rders authorizing672 payments from the fund for judgments, or any unsatisfied portio n of judgments, in an673 aggregate amount of $20,000.00 on behalf of such licensee;674 (2) A licensee acting as a principal or agent in an auction tr ansaction has no claim675 against the fund;676 H. B. 1254 - 27 - 26 LC 56 0646S/AP (3) No person who establishes a proper claim or claims under t his Code section shall677 ever obtain more than $10,000.00 from the fund; and678 (4) The fund shall not pay out for any wrongdoing by an auctio n company if the679 wrongdoing occurred on or after July 1, 2026.680 (c)(1) No action for a judgment which subsequently results in an order for collection681 from the fund shall be started later than two years from the accrual of the cause of action682 thereon. When any aggrieved person commences action for a judgment which may result683 in collection from the fund, the aggrieved person shall notify the Secretary of State in684 writing, by certified mail or statutory overnight delivery, return receipt requested, to this685 effect at the time of the commencement of such action. The Secretary of State shall have686 the right to intervene in and defend any such action.687 (2) When any aggrieved person recovers a valid judgment in any court of competent688 jurisdiction against any individual licensed under the provisions of this chapter for any689 act, representation, transaction, or conduct which is in violation of this chapter or of the690 regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47691 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which692 act occurred on or after January 1, 1992, the aggrieved person may, upon termination of693 all proceedings, including reviews and appeals in connection wi th the judgment, file a694 verified claim in the court in which the judgment was entered and, upon ten days' written695 notice to the Secretary of State, may apply to the court for an order directing payment out696 of the fund of the amount unpaid upon the judgment, subject to the limitations stated in697 this Code section.698 (3) The court shall proceed upon such application in a summary manner and, upon the699 hearing thereof, the aggrieved person shall be required to show:700 (A) That he or she is not a spouse of the judgment debtor or the personal representative701 of such spouse;702 (B) That he or she has complied with all the requirements of this Code section;703 H. B. 1254 - 28 - 26 LC 56 0646S/AP (C) That he or she has obtained a judgment, as set out in para graph (2) of this704 subsection, stating the amount thereof and the amount owing thereon at the date of the705 application; and that, in such action, he or she had joined any and all bonding706 companies which issued corporate surety bonds to the judgment debtors as principals707 and all other necessary parties;708 (D) That he or she has caused to be issued a writ of execution upon such judgment and709 the officer executing the same has made a return showing that n o personal or real710 property of the judgment debtor liable to be levied upon in satisfaction of the judgment711 could be found or that the amount realized on the sale of them as were found, under712 such execution, was insufficient to satisfy the judgment, stating the amount so realized713 and the balance remaining due to the judgment after application thereon of the amount714 realized;715 (E) That he or she has caused the judgment debtor to make disc overy under oath716 concerning his or her property in accordance with Chapter 11 of Title 9, the 'Georgia717 Civil Practice Act';718 (F) That he or she has made all reasonable searches and inquiries to ascertain whether719 the judgment debtor is possessed of real or personal property or other assets liable to720 be sold or applied in satisfaction of the judgment;721 (G) That by such search he or she has discovered no personal or real property or other722 assets liable to be sold or applied or that he or she has disco vered certain of them,723 describing them, owned by the judgment debtor and liable to be so applied and that he724 or she has taken all necessary action and proceedings for the realization thereof and that725 the amount thereby realized was insufficient to satisfy the judgment, stating the amount726 so realized and the balance remaining due on the judgment after application of the727 amount realized; and728 (H) That the following items, if any, as recovered by him or her have been applied to729 the actual or compensatory damages awarded by the court:730 H. B. 1254 - 29 - 26 LC 56 0646S/AP (i) Any amount recovered from the judgment debtor or debtors;731 (ii) Any amount recovered from the bonding company or companies; or732 (iii) Any amount recovered in out-of-court settlements as to particular defendants.733 (4) Whenever the aggrieved person satisfies the court that it is not practical to comply734 with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), or735 (H) of paragraph (3) of this subsection and that the aggrieved person has taken all736 reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and737 has been unable to collect the same, the court may, in its disc retion, dispense with the738 necessity for complying with such requirements.739 (5) The court shall make an order directed to the Secretary of State requiring payment740 from the fund of whatever sum it shall find to be payable upon the claim, pursuant to the741 provisions of and in accordance with the limitations contained in this Code section, if the742 court is satisfied, upon the hearing, of the truth of all matters required to be shown by the743 aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved744 person has fully pursued and exhausted all remedies available t o him or her for745 recovering the amount awarded by the judgment of the court.746 (6) If, at any time, the money deposited in the fund is insuff icient to satisfy any duly747 authorized claim or portion thereof, the Secretary of State, as successor administrator to748 the Georgia Auctioneers Commission, shall satisfy such unpaid claims or portions thereof749 in the order that such claims or portions thereof were originally filed, plus accumulated750 interest at the rate of 4 percent per annum. In no event shall the state, the Secretary of751 State, the former Georgia Auctioneers Commission, or any member or employee thereof752 be liable to any person for any deficiency in payment under this Code section.753 (d)(1) On and after July 1, 2026, the fund shall continue to b e held in trust for the754 payment of claims, and the Secretary of State shall administer only the balance existing755 on such date and any earnings thereon.756 H. B. 1254 - 30 - 26 LC 56 0646S/AP (2) On December 31 of each year, the fund balance shall be assessed and, if the balance757 is below $10,000.00, any remaining moneys shall be transferred to the general fund of758 the state treasury, and the fund shall stand abolished. Until such date, such moneys may759 be invested in any investments which are legal for domestic insurance companies under760 Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall761 be deposited to the credit of the fund. Revenue generated by t he annual compounding762 interest from the date of the fund's inception may be dispensed by the Secretary of State763 or his or her designee to fund continuing education for auctioneers.764 (e) It shall be unlawful for any person or his or her agent to file with the commission any765 notice, statement, or other document required under this Code s ection which is false,766 untrue, or contains any material misstatement of fact and shall , upon conviction, be767 punishable as a misdemeanor.768 (f) When the Secretary of State receives notice, as provided in subsection (c) of this Code769 section, the Secretary of State may enter an appearance, file an answer, appear at the court770 hearing, defend the action, or take whatever other action he or she may deem appropriate771 on behalf of and in the name of the defendant and take recourse through any appropriate772 method of review on behalf of and in the name of the defendant.773 (g) When, upon the order of the court, the Secretary of State has paid from the fund any774 sum to the judgment creditor, the Secretary of State shall be subrogated to all of the rights775 of the judgment creditor. The judgment creditor shall assign all its right, title, and interest776 in the judgment to the Secretary of State before any payment is made from the fund, and777 any amount and interest so recovered by the Secretary of State on the judgment shall be778 deposited in the fund. If the total amount collected on the ju dgment by the Secretary of779 State exceeds the amount paid from the fund to the original judgment creditor plus interest780 and the cost of collection, the Secretary of State may elect to pay any overage collected to781 the original judgment creditor or reassign the remaining intere st in the judgment to the782 original judgment creditor. The payment or reassignment to the original judgment creditor783 H. B. 1254 - 31 - 26 LC 56 0646S/AP shall not subject the fund to further liability for payment to the original judgment creditor784 based on that transaction or judgment. Any costs incurred by t he Secretary of State's785 attempt to collect assigned judgments shall be paid from the fund.786 (h) The failure of an aggrieved person to comply with all of t he provisions of this Code787 section shall constitute a waiver of any rights under this Code section."788 SECTION 2-2.789 Said title is further amended in Code Section 43-47-10, relating to investigation of licensees790 by board, suspension or revocation of license, and other sancti ons, by revising791 division (1)(P)(iii) as follows:792 "(iii) A violation of this subparagraph shall also be grounds for suspension or censure793 of a license under Code Section 43-6-18 43-6-13 , and any auction violating this794 subparagraph may be required by the board to surrender its master tag;"795 PART III796 SECTION 3-1.797 Said title is further amended by repealing Chapter 19, relating to geologists, and enacting a798 new Chapter 19 to read as follows:799 "CHAPTER 19800 43-19-1.801 This chapter shall be known and may be cited as the 'Registrati on of Professional802 Geologists Act' and is enacted to safeguard life, health, and p roperty and to promote the803 public welfare.804 H. B. 1254 - 32 - 26 LC 56 0646S/AP 43-19-2.805 As used in this chapter, the term:806 (1) 'Geologist' means a person registered under this chapter to engage in the practice of807 geology.808 (2) 'Geology' means that science which treats of the earth in general; investigation of the809 earth's crust and the rocks and other materials which compose it; and the applied science810 of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and811 other materials for the benefit of mankind.812 (3) 'Public practice of geology' means the performance of geol ogical service or work813 such as consultation, investigation, surveys, evaluation, plann ing, mapping, and814 inspection of geological work in which the performance is relat ed to public welfare or815 safeguarding of life, health, property, and the environment, ex cept as specifically816 exempted by this chapter. A person shall be construed to pract ice publicly or offer to817 practice publicly geology, within the meaning and intent of this chapter, who practices818 any branch of the profession of geology; or who by verbal claim , sign, advertisement,819 letterhead, card, or in any other way represents themselves to be a geologist; or through820 the use of some other title implies that he or she is a geologi st; or that he or she is821 registered under this chapter; or who holds themselves out as able to perform or who does822 perform any geological services or work recognized as geology.823 (4) 'Registered professional geologist' means a person who is registered as a geologist824 under this chapter.825 (5) 'Responsible charge of work' means the independent control and direction, by the use826 of initiative, skill, and independent judgment, of geological w ork or the supervision of827 such work.828 (6) 'Secretary of State' means the Secretary of State of the State of Georgia or his or her829 designee.830 H. B. 1254 - 33 - 26 LC 56 0646S/AP (7) 'Subordinate' means any person who assists a registered professional geologist or a831 registered engineer in the practice of geology without assuming the responsible charge832 of work.833 43-19-3.834 In carrying out the duties and responsibilities under this chapter, the Secretary of State shall835 seek the advice and counsel of industry representatives, stakeh olders, or subject matter836 experts to provide expertise and assistance in the administration and enforcement of this837 chapter.838 43-19-4.839 By engaging in the public practice of geology in this state, a nonresident individual840 appoints the Secretary of State as the individual's agent for service of process in any civil841 action in this state related to the individual's public practice of geology in this state.842 43-19-5.843 (a) Except as otherwise provided in subsection (e) of this Code section, an individual shall844 not engage in the public practice of geology in this state with out holding a certificate of845 registration under this chapter.846 (b) It shall be unlawful for any person other than a registered professional geologist or a847 subordinate under his or her direction to prepare any geologic plans, reports, or documents848 in which the performance is related to the public welfare or sa feguarding of life, health,849 property, or the environment.850 (c) It shall be unlawful for any person other than a registere d professional geologist to851 stamp or seal any plans, plats, reports, or other documents wit h the seal or stamp of a852 registered professional geologist or to use in any manner the title 'registered professional853 geologist.'854 H. B. 1254 - 34 - 26 LC 56 0646S/AP (d) It shall be unlawful for any person to affix his or her signature or to stamp or seal any855 plans, plats, reports or other documents after the certificatio n of the registrant named856 thereon has expired or has been suspended or revoked, unless th e certificate has been857 renewed or reissued.858 (e) The provisions of this chapter shall not apply to any individual who is:859 (1) Engaged in the practice of any profession or trade for whi ch a license is required860 under any other law of this state, including, without limitatio n, licensed professional861 engineers lawfully practicing soil mechanics, foundation engine ering, and other862 professional engineering as provided in this title; or licensed architects lawfully863 practicing architecture as provided in this title;864 (2) Engaged solely in teaching the science of geology or engaged in nonpublic geologic865 research in this state;866 (3) An officer or employee of the United States or this state practicing geology solely as867 such officer or employee; and868 (4) A subordinate to a geologist registered under this chapter, insofar as he or she acts869 solely in such capacity; provided, however, that this paragraph shall not be construed to870 permit any such subordinate to practice geology for others in his or her own right or use871 the title 'registered professional geologist.'872 (f) The right to engage in the practice of geology shall be deemed a personal right, based873 on the qualifications of the individual as evidenced by his or her certificate of registration,874 and shall not be transferable.875 43-19-6.876 (a) The Secretary of State shall issue a certificate of registration as a professional geologist877 to an applicant when such applicant has completed and submitted an application upon a878 form and in such manner as the Secretary of State prescribes, accompanied by applicable879 fees and evidence satisfactory to the Secretary of State that:880 H. B. 1254 - 35 - 26 LC 56 0646S/AP (1) The applicant has graduated from an accredited college or university with a881 bachelor's degree or higher in geology, engineering geology, geological engineering, or882 a comparable earth or environmental science or engineering focu sed discipline; or has883 completed 45 quarter hours or the equivalent in geological science courses leading to a884 major in geology, of which at least 36 quarter hours or the equivalent were taken in the885 third or fourth year or in graduate courses;886 (2) The applicant has at least seven years of professional geological work, including a887 minimum of three years under the supervision of a registered pr ofessional geologist or888 a registered civil engineer, or another individual who is legal ly authorized to practice889 geology. For purposes of calculating an applicant's years of p rofessional geological890 work:891 (A) Each year of undergraduate study in geological sciences counts as one-half year892 of training, up to a maximum of two years, and each year of graduate study counts as893 one full year of training. Credit for undergraduate study, graduate study, and graduate894 courses, individually o r combined, shall not exceed four years toward the required895 seven years of professional geological work;896 (B) Professional geological work or geological research performed by full-time faculty897 at an accredited college or university shall count toward the required seven years when898 the work or research involves activities that fall within the d efinition of geology as899 defined under this chapter; and900 (C) An applicant's years of professional geological work used to satisfy the required901 seven years shall meet the following criteria:902 (i) The professional geological work shall consist of geological tasks included within903 the statutory definition of the public practice of geology;904 (ii) Only professional geological work performed in a position w i t h a s s i g n e d905 professional responsibility for geological work shall be counted; and906 H. B. 1254 - 36 - 26 LC 56 0646S/AP (iii) Documentation of supervision and experience shall be submitted in the format907 prescribed by the Secretary of State;908 (3) The applicant has successfully passed such examinations endorsed by the National909 Association of State Boards of Geology as are required by the Secretary of State;910 (4) The applicant is in good st anding based on a review of the applicant's licensure911 history in any other jurisdiction, including a review of any pr ior disciplinary action,912 alleged misconduct, or negligence in the practice of geology an d the applicant has not913 been previously denied a certificate of registration under this chapter, unless the Secretary914 of State determines that the grounds for such denial no longer apply; and915 (5) The applicant provides at least one secure and verifiable document, as defined in916 Code Section 50-36-2, establishing the applicant's identity, an d submits an affidavit917 verifying lawful presence in the United States pursuant to Code Section 50-36-1, together918 with any required immigration documentation for non-citizen applicants.919 (b) An application for a certificate of registration under this Code section shall constitute920 express consent and authorization for the Secretary of State to perform a criminal921 background check conducted by the Georgia Crime Information Cen ter and the Federal922 Bureau of Investigation. Each applicant who submits an applicat ion to the Secretary of923 State for a certificate of registration agrees to provide any and all information necessary to924 run a criminal background check, including, but not limited to, classifiable sets of925 fingerprints. The applicant shall be responsible for all fees associated with the performance926 of such background check.927 43-19-7.928 A person holding a certificate of registration to engage in the public practice of geology,929 on the basis of comparable licensing requirements issued to him or her by a proper930 authority of a state, territory, or possession of the United States or the District of Columbia,931 and who, in the opinion of the Secretary of State, otherwise meets the requirements of this932 H. B. 1254 - 37 - 26 LC 56 0646S/AP chapter based on verified evidence may be registered, upon appl ication, without further933 examination.934 43-19-8.935 (a) Except as otherwise provided in subsection (b) of this Code section, the Secretary of936 State shall issue a certificate of registration to an individua l who complies with Code937 Section 43-19-6.938 (b) The Secretary of State may refuse to issue a certificate of registration if it is determined939 that the applicant has engaged in conduct that has a significan t adverse effect on the940 applicant's fitness to engage in the public practice of geology . In making the941 determination, the Secretary of State may consider whether the applicant has:942 (1) Been convicted of, or entered a plea of nolo contendere to, a crime that, if committed943 in this state, would constitute a felony or a crime involving moral turpitude, including any944 offense reasonably related to the applicant's fitness to engage in the public practice of945 geology. A record of conviction, plea, or a certified copy the reof shall be conclusive946 evidence of such conviction or plea;947 (2) Made a material false, misleading, deceptive, or fraudulen t representation in the948 application or as a geologist;949 (3) Engaged in conduct prohibited by this chapter or regulation adopted pursuant to this950 chapter; or951 (4) Had a registration or licensure as a geologist suspended, revoked, or denied or been952 refused renewal of registration or licensure as a geologist in any state.953 (c) The refusal to grant a registration as provided in this Co de section shall not be954 considered to be a contested case within the meaning of Chapter 13 of Title 50, the955 'Georgia Administrative Procedure Act,' and notice and hearing within the meaning of such956 chapter shall not be required in connection with such refusal. Notice of refusal to grant a957 registration shall be sent by registered mail or statutory over night delivery or personal958 H. B. 1254 - 38 - 26 LC 56 0646S/AP service setting forth the particular reasons for the refusal. The written notice shall be sent959 to the applicant's address of record with the Secretary of State, and the applicant shall be960 allowed to appear before the Secretary of State if the applicant requests to do so in writing.961 43-19-9.962 (a) The Secretary of State may suspend, revoke, or refuse to renew a registration or may963 discipline an individual registered under this chapter for conduct that would have justified964 denial of registration under Code Section 43-19-8.965 (b) The Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate966 of registration only after proper notice and an opportunity for a hearing.967 (c) Except as otherwise provided, the provisions of Chapter 13 of Title 50, the 'Georgia968 Administrative Procedure Act,' shall be applicable to the provisions of this chapter and to969 the Secretary of State in carrying out the provisions of this chapter.970 43-19-10.971 (a) All certificates shall be renewable biennially at such time as may be designated by the972 Secretary of State. All applications for renewal shall be filed with the Secretary of State973 prior to the expiration date, accompanied by the renewal fee prescribed by the Secretary974 of State. A certificate which has expired for failure to renew may only be restored after975 application and payment of the prescribed restoration fee.976 (b) Each person shall be responsible for timely renewal of his or her certificate of977 registration and shall notify the Secretary of State, in a manner prescribed by the Secretary978 of State, of any change in his or her mailing address or contact information.979 (c) Failure to renew a certificate of registration shall result in forfeiture of the certificate.980 Certificates that have been forfeited may be restored within one year of the expiration date981 upon payment of renewal and restoration fees. Failure to resto re a forfeited certificate982 within one year of the date of its expiration shall result in the automatic termination of the983 H. B. 1254 - 39 - 26 LC 56 0646S/AP certificate, and the Secretary of State may require the individual to reapply for his or her984 certificate of registration as a new applicant.985 43-19-11.986 Each registrant under this chapter, upon issuance of a certificate of registration, may use987 a seal of such design as is authorized by the Secretary of Stat e, bearing the registrant's988 name and the legend 'Registered Professional Geologist'. All dr awings, reports, or other989 geologic papers or documents involving the practice of geology, as defined in this chapter,990 which shall have been prepared or approved by a registered prof essional geologist or a991 subordinate employee under his or her direction for the use of or for delivery to any person992 or for public record within this state shall be signed by him or her and impressed with the993 seal provided for in this Code section or the seal of a nonresi dent practicing under this994 chapter, either of which shall indicate his or her responsibility for them.995 43-19-12.996 The Secretary of State may assess a civil penalty against a geo logist not to exceed997 $10,000.00 for a violation of this chapter.998 43-19-13.999 This state and its political subdi visions, such as a county, a municipality, or a legally1000 constituted board, district, commission, or authority, shall contract for geological services1001 only with persons registered under this chapter or with a firm employing a registered1002 professional geologist.1003 43-19-14.1004 (a) This chapter does not prohibit one or more geologists from practicing through the1005 medium of a sole proprietorship, partnership, limited liability company, or corporation. In1006 H. B. 1254 - 40 - 26 LC 56 0646S/AP a partnership, limited liability company, or corporation whose primary activity consists of1007 geological services, at least one partner, member, or officer s hall be a registered1008 professional geologist.1009 (b) This chapter does not prevent or prohibit an individual, firm, company, association, or1010 corporation whose principal business is other than the public p ractice of geology from1011 employing a nonregistered geologist to perform nonpublic geological services necessary1012 to the conduct of its business.1013 (c) This chapter shall not be construed to prevent or to affect:1014 (1) The practice of any profession or trade for which a license is required under any other1015 law of this state; the practice of registered professional engineers from lawfully practicing1016 soils mechanics, foundation engineering, and other professional engineering as provided1017 in this title; or licensed architects from lawfully practicing architecture as provided in this1018 title; or1019 (2) The practice of a person who is not a resident of and has no established place of1020 business in this state or who has recently become a resident hereof practicing or offering1021 to practice the profession of geology herein for more than 90 days in any calendar year1022 if the person shall have filed with the Secretary of State an application for a certificate of1023 registration and shall have paid the fee required by this chapt er. Such practice shall1024 continue only for such time as the Secretary of State requires for the consideration of the1025 applicant for registration.1026 43-19-15.1027 Any person who engages in the public practice of geology or publicly offers to engage in1028 the public practice of geology for others in this state without being registered in accordance1029 with this chapter; any person presenting or attempting to use a s h i s o r h e r o w n t h e1030 certificate of registration or the seal of another; any person who gives any false or forged1031 evidence of any kind to the Secretary of State in obtaining a certificate of registration; any1032 H. B. 1254 - 41 - 26 LC 56 0646S/AP person who falsely impersonates any other registrant of like or different name; or any1033 person who attempts to use an expired or revoked certificate of registration or who attempts1034 to practice at any time during a period when the Secretary of S tate has suspended or1035 revoked his or her certificate of registration shall, upon conviction, be sentenced as for a1036 misdemeanor."1037 SECTION 3-2.1038 Code Section 12-8-107 of the Official Code of Georgia Annotated, relating to submission of1039 voluntary investigation and remediation plan, enrollment, proof of assurance, termination,1040 and compliance status, is amended by revising subsection (a) as follows:1041 "(a) In order to enroll any qualifying property in the voluntar y remediation program1042 described in this part, an applicant shall submit to the director a voluntary investigation and1043 remediation plan prepared by a registered professional engineer or a registered professional1044 geologist who is registered with the State Board of Registration for Professional Engineers1045 and Land Surveyors or the State Board of Registration for Geolo gists Secretary of State1046 and who has experience in responsible charge of the investigation and remediation of such1047 releases. The voluntary investigation and remediation plan sha ll be in such streamlined1048 form as may be prescribed by the director; provided, however, t hat the plan shall, at1049 minimum, enumerate and describe those actions planned to bring the qualifying property1050 into compliance with the applicable cleanup standards, with one or more registered1051 professionals to be retained by the applicant at its sole cost to oversee the investigation and1052 remediation described in the plan; all in accordance with the p rovisions, purposes,1053 standards, and policies of the voluntary remediation program. The voluntary investigation1054 and remediation plan shall be considered an application for enr ollment in the voluntary1055 remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted1056 with the application. The director may, at any time, invoice the participant for any costs1057 to the division in reviewing the application or subsequent document that exceed the initial1058 H. B. 1254 - 42 - 26 LC 56 0646S/AP application review fee, including reasonably detailed itemization and justification of the1059 costs. Failure to remit payment within 60 days of receipt of s uch invoice may cause1060 rejection of the participant from the voluntary remediation program. The director may not1061 issue a written concurrence with a certification of compliance if there is an outstanding fee1062 to be paid by the participant."1063 PART IV1064 SECTION 4-1.1065 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1066 is amended by repealing and reserving Chapter 20, relating to h earing aid dealers and1067 dispensers.1068 SECTION 4-2.1069 Said title is further amended in Code Section 43-44-2, relating to declaration of purpose, as1070 follows:1071 "43-44-2.1072 It is declared to be a policy of this state that in order to safeguard the public health, safety,1073 and welfare and to protect the public from being misled by incompetent, unscrupulous, and1074 unauthorized persons, it is necessary to provide regulatory authority over persons offering1075 speech-language pathology and audiology services and hearing ai d dispensing to the1076 public."1077 SECTION 4-3.1078 Said title is further amended in Code Section 43-44-3, relating to definitions regarding1079 speech-language pathologists and audiologists, by revising paragraph (5) as follows:1080 H. B. 1254 - 43 - 26 LC 56 0646S/AP "(5) 'Board' means the State Board of Examiners for Speech-Language Pathology, and1081 Audiology, and Hearing Aid Dispensing."1082 SECTION 4-4.1083 Said title is further amended in Code Section 43-44-4, relating to creation of board, effect on1084 prior board, composition, appointment, vacancies, terms of offi ce, removal of members,1085 liability for official acts, as follows:1086 "43-44-4.1087 (a) The State Board of Examiners for Speech Pathology and Audiology existing on June1088 30, 1987, is abolished and there is created beginning July 1, 1987, and continuing thereafter1089 the State Board of Examiners for Speech-Language Pathology and Audiology which shall1090 succeed to all of that abolished board's powers, duties, and responsibilities which are not1091 inconsistent with this article and which new board shall be composed of those members of1092 the abolished board serving as such on June 30, 1987, which members shall serve out their1093 respective terms of office and until their respective successors are appointed and qualified1094 pursuant to this Code section. The board created by this Code section shall administer this1095 article. The board shall consist of eight members who shall be appointed by the Governor1096 and shall be confirmed by the Senate. Three of the members sha ll be licensed1097 speech-language pathologists and three shall be licensed audiol ogists, all of whom shall1098 have been engaged in rendering services to the public, teaching , or research in1099 speech-language pathology or audiology for a period of at least three years immediately1100 preceding their appointments. One member shall be a board certified otolaryngologist of1101 this state. One member shall be a lay person representing the public. All members shall1102 be residents of this state and shall have been residents of this state for at least one year prior1103 to their appointments. There is continued the State Board of Examiners for Speech1104 Pathology and Audiology. Effective July 1, 2026, the name of such board shall be the State1105 Board of Examiners for Speech Language Pathology, Audiology, an d Hearing Aid1106 H. B. 1254 - 44 - 26 LC 56 0646S/AP Dispensing. Such board shall administer this article. Beginnin g July 1, 2026, the board1107 shall consist of ten members appointed by the Governor and conf irmed by the Senate. 1108 Three members shall be licensed speech language pathologists, t hree members shall be1109 licensed audiologists, two members shall be licensed hearing aid dispensers, one member1110 shall be a board certified otolaryngologist licensed to practice in this state, and one member1111 shall be a lay person representing the public. Each professional member shall have been1112 actively engaged in rendering services to the public, teaching, or researching in his or her1113 respective profession for at least three years immediately prec eding appointment. All1114 members shall be residents of this state and shall have been re sidents of this state for at1115 least one year prior to appointment.1116 (b) Appointments by the Governor may be made from lists of nam es submitted by the1117 Georgia Speech-Language-Hearing Association, Georgia Organization for School-Based1118 Speech-Language Pathologists, Georgia Academy of Audiology, and the Georgia Society1119 of Otolaryngology Head and Neck Surgery or other interested per sons. Board members1120 shall be appointed for a period of three years and until their respective successors are1121 appointed and qualified. No member of the board may serve more than two consecutive1122 full terms.1123 (c) Members of the board shall serve until the expiration of the terms for which they have1124 been appointed and until their respective successors are appointed and qualified. When a1125 vacancy upon the board occurs, the Governor shall appoint, pursuant to this Code section,1126 a successor to fill the unexpired term.1127 (d) The Governor may remove any member of the board for dishon orable conduct,1128 incompetency, or neglect of duty.1129 (e) No member of the board shall be liable to civil action for any act performed in good1130 faith in performance of the member's duties as prescribed by law."1131 H. B. 1254 - 45 - 26 LC 56 0646S/AP SECTION 4-5.1132 Said title is further amended in Code Section 43-44-6, relating to general powers and duties1133 of board, as follows:1134 "43-44-6.1135 (a) The board shall:1136 (1) Have the responsibility and duty of administering and enforcing this article and shall1137 assist the division director in carrying out this article;1138 (2) Have the power to establish and to revise the requirements for obtaining licensure or1139 the renewal of licensure;1140 (3) Make all rules, not inconsistent with this article, that are reasonably necessary for the1141 conduct of its duties and proceedings;1142 (4) Adopt rules and regulations relating to professional conduct commensurate with the1143 policy of this artic le, including, but not limited to, regulati ons which establish ethical1144 standards of practice and for other purposes. Following their adoption, such rules and1145 regulations consistent with this article shall govern and control the professional conduct1146 of every person who holds a license to practice under this article;1147 (5) Conduct hearings and keep records and minutes as are neces sary to the orderly1148 dispatch of its functions;1149 (6) Adopt a common seal;1150 (7) Register and otherwise regulate qualified speech-language pathology aides and1151 audiology assistants. The provisions of this paragraph shall n ot apply to any student,1152 intern, or trainee performing speech-language pathology or audi ology services while1153 completing the supervised clinical experience;1154 (8) Issue provisional licenses to speech-language pathologists during the paid clinical1155 experience;1156 (9) Issue, renew, and reinstate licenses and permits;1157 (10) Deny, suspend, revoke, or otherwise sanction licenses;1158 H. B. 1254 - 46 - 26 LC 56 0646S/AP (11) Accept results of qualifying examinations, administer examinations, or contract with1159 qualified testing services to conduct or supervise examinations;1160 (12) Establish fees;1161 (13) Establish requirements for continuing professional education of persons subject to1162 this article by appropriate regulation;1163 (14) Conduct national background checks by the submission of f ingerprints to the1164 Federal Bureau of Investigation through the Georgia Crime Information Center; provided,1165 however, that reports from such background check records shall not be shared with1166 entities outside of this state; and1167 (15) Administer the Audiology and Speech-Language Pathology In terstate Compact1168 contained in Article 2 of this chapter; and1169 (16) Administer the Georgia Hearing Aid Dispensers Act contained in Article 3 of this1170 chapter.1171 (b) The division director shall be guided by the recommendatio ns of the board in all1172 matters relating to this article."1173 SECTION 4-6.1174 Said title is further amended in Chapter 44, relating to state speech-language pathology and1175 audiology licensing, by adding a new article to read as follows:1176 "ARTICLE 31177 43-44-40.1178 This article may be cited as the 'Georgia Hearing Aid Dispensers Act.'1179 H. B. 1254 - 47 - 26 LC 56 0646S/AP 43-44-41.1180 All duties, powers, obligations, and functions formerly exercis ed by the State Board of1181 Hearing Aid Dealers and Dispensers under the former provisions of Chapter 20 of this title1182 shall be transferred to the State Board of Speech-Language Path ology, Audiology, and1183 Hearing Aid Dispensing established under this chapter. All licenses, permits, registrations,1184 and apprentice permits issued under the former provisions of Chapter 20 of this title that1185 are valid and in effect on July 1, 2026, shall continue in full force and effect and shall be1186 deemed issued under this article.1187 43-44-42.1188 As used in this article, the term:1189 (1) 'Apprentice dispenser permit' or 'permit' means a temporary nonrenewable one-year1190 permit issued while an applicant is in apprenticeship under a l icensed dispenser or1191 audiologist in order to become a licensed prescription hearing aid dispenser.1192 (2) 'Board' means the State Board of Examiners for Speech-Lang uage Pathology,1193 Audiology, and Hearing Aid Dispensing.1194 (3) 'Dispenser license' or 'license' means the license required and issued for each person1195 who engages in the practice of dispensing prescription hearing aids to or for use by the1196 eventual user of such hearing aid.1197 (4) 'Hearing aid' means any wearable electronic instrument or device designed for or1198 represented or offered for the purpose of compensating for defe ctive human hearing,1199 including parts, attachments, earmolds, and accessories, except batteries, cords,1200 replacement tubing, and minor service limited to the removal of battery corrosion.1201 (5) 'Over-the-counter hearing aid' means a hearing aid as defined by the federal Food and1202 Drug Administration that is intended for adults ages 18 or older with perceived mild to1203 moderate hearing impairment and may be sold directly to consume rs without a1204 prescription, medical evaluation, or professional fitting.1205 H. B. 1254 - 48 - 26 LC 56 0646S/AP (6) 'Practice of dispensing prescription hearing aids' means t he provision of a1206 prescription hearing aid to a consumer by sale, rental, lease, or otherwise.1207 (7) 'Prescription hearing aid' means a hearing aid that is not an over-the-counter hearing1208 aid and that, under federal law and regulations of the federal Food and Drug1209 Administration, is required to be dispensed only pursuant to a written or electronic1210 prescription by a licensed practitioner and is intended for ind ividuals whose hearing1211 impairment exceeds the limits of an over-the-counter hearing aid or requires professional1212 fitting, adjustment, or programming.1213 43-44-43.1214 By engaging in the practice of dispensing prescription hearing aids in this state, a1215 nonresident individual or entity thereby appoints the board as such individual's or entity's1216 lawful agent for service of process in any civil action arising from the practice of1217 dispensing prescription hearing aids.1218 43-44-44.1219 (a) It is unlawful for any person or firm to engage in the practice of dispensing prescription1220 hearing aids in this state without having a valid license under this article.1221 (b) No person or firm, except those exempted in Code Section 43-44-10, shall engage in1222 the practice of dispensing pres cription hearing aids or display a sign or in any way1223 advertise or represent such person or firm as practicing the di spensing of prescription1224 hearing aids in this state unless such person or firm holds a v alid license issued by the1225 board under this article.1226 43-44-45.1227 (a) The board shall issue a license to engage in the practice of dispensing prescription1228 hearing aids to an applicant when such applicant has completed and submitted an1229 H. B. 1254 - 49 - 26 LC 56 0646S/AP application upon a form and in such manner as prescribed by the board, accompanied by1230 applicable fees, and evidence satisfactory to the board that:1231 (1) The applicant is at least 18 years of age;1232 (2) The applicant provides proof of successful completion of the International Licensing1233 Examination administered by the International Hearing Society o r any successor1234 organization or fulfills the requirements enumerated in subsect ion (c) of this Code1235 section;1236 (3) The applicant provides proof of successful completion of a jurisprudence1237 examination approved by the board that tests such applicant's knowledge relative to this1238 article, applicable Georgia laws and rules, and relevant federal requirements governing1239 prescription hearing aids under 21 C.F.R. Section 801.109;1240 (4) The applicant demonstrates competency in audiometric testi ng and prescription1241 hearing aid fitting by submitting documentation, including, but not limited to:1242 (A) A completed audiogram performed by the applicant;1243 (B) Documentation of earmold impressions or equivalent fitting procedures performed1244 by the applicant; and1245 (C) Evaluation records showing the applicant's ability to inte rpret audiometric data,1246 determine suitability for prescription hearing aids, and select , program, and fit such1247 hearing aids;1248 (5) The applicant is in good standing based on a review of suc h applicant's licensure1249 history in any other jurisdiction, including a review of any pr ior disciplinary action,1250 alleged misconduct, or negligence in the practice of dispensing prescription hearing aids1251 or other regulated health related practices, and confirmation t hat the applicant has not1252 been previously denied a license under this article prior to July 1, 2026, unless the board1253 determines that the grounds for such denial no longer apply; and1254 (6) The applicant provides at least one secure and verifiable document, as such term is1255 defined in Code Section 50-36-2, establishing such applicant's identity, and submits an1256 H. B. 1254 - 50 - 26 LC 56 0646S/AP affidavit verifying lawful presence in the United States pursuant to Code Section 50-36-1,1257 together with any required immigration documentation for noncitizen applicants.1258 (b) The board shall issue an apprentice dispenser permit to an applicant who is seeking1259 licensure as a prescription hearing aid dispenser through the apprenticeship pathway when1260 such applicant has completed and submitted an application upon a form and in such manner1261 as prescribed by the board, accompanied by applicable fees, and evidence that:1262 (1) The applicant is at least 18 years of age;1263 (2) The applicant has submitted a 'Statement of Supervision,' executed by the licensed1264 prescription hearing aid dispenser or audiologist that will provide indirect supervision for1265 the duration of the apprenticeship, affirming such dispenser's or audiologist's agreement1266 to supervise the applicant's practice under the apprentice dispenser permit;1267 (3) The applicant is in good standing based on a review of suc h applicant's licensure1268 history in any other jurisdiction, including a review of any pr ior disciplinary action,1269 alleged misconduct, or negligence in the dispensing of prescription hearing aids or other1270 regulated health related practices, and the applicant has not b een previously denied a1271 permit under this article prior to July 1, 2026, unless the boa rd determines that the1272 grounds for such denial no longer apply; and1273 (4) The applicant provides at least one secure and verifiable document, as defined in1274 Code Section 50-36-2, establishing such applicant's identity an d submits an affidavit1275 verifying lawful presence in the United States pursuant to Code Section 50-36-1, together1276 with any required immigration documentation for noncitizen applicants.1277 (c) An applicant that holds a valid apprenticeship permit issued under this article shall be1278 eligible for full licensure upon meeting the following additional requirements, accompanied1279 by applicable fees, and evidence satisfactory to the board that:1280 (1) The applicant has completed the apprenticeship, and such c ompletion shall be1281 verified through an affidavit, executed by such applicant's supervising licensed dispenser1282 H. B. 1254 - 51 - 26 LC 56 0646S/AP or audiologist, attesting under oath that the applicant has com pleted all apprenticeship1283 requirements;1284 (2) The applicant has successfully completed a jurisprudence examination approved by1285 the board that tests such applicant's knowledge relative to this article, applicable Georgia1286 laws and rules, and relevant federal requirements governing pre scription hearing aids1287 under 21 C.F.R. Section 801.109; and 1288 (3) The applicant demonstrates competency in audiometric testi ng and prescription1289 hearing aid fitting by submitting documentation, including, but not limited to:1290 (A) A completed audiogram performed by the applicant;1291 (B) Documentation of earmold impressions or equivalent fitting procedures performed1292 by the applicant; and1293 (C) Evaluation records showing the applicant's ability to inte rpret audiometric data,1294 determine suitability for prescription hearing aids, and select , program, and fit such1295 hearing aids.1296 (d) An application for a permit or license under this Code section shall constitute express1297 consent and authorization for the board to perform a criminal background check conducted1298 by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each1299 applicant who submits an application to the board for a permit or licensure agrees to1300 provide any and all information necessary to run a criminal background check, including,1301 but not limited to, classifiable sets of fingerprints. The appl icant shall be responsible for1302 all fees associated with the performance of such background check.1303 43-44-46.1304 (a) Notwithstanding any other provision of this article to the contrary, an applicant1305 licensed to dispense prescription hearing aids in another state or jurisdiction shall be1306 eligible for issuance of a prescription hearing aid dispenser l icense in this state without1307 examination, provided that:1308 H. B. 1254 - 52 - 26 LC 56 0646S/AP (1) The applicant is at least 18 years of age;1309 (2) The applicant submits a proper application upon a form and in such manner as1310 prescribed by the board and pays all required fees;1311 (3) The applicant submits verification that the applicant holds a current, unsuspended,1312 and unrevoked license to dispense prescription hearing aids iss ued by another state or1313 jurisdiction;1314 (4) The applicant provides satisfactory evidence that such oth er state or jurisdiction1315 maintains licensure qualifications and a program for determinin g the competency of1316 applicants that are equivalent to or more stringent than those required under this article; 1317 (5) The applicant provides satisfactory evidence that such oth er state or jurisdiction1318 affords reciprocity to Georgia licensees; and1319 (6) The applicant provides at least one secure and verifiable document, as defined in1320 Code Section 50-36-2, establishing such applicant's identity an d submits an affidavit1321 verifying lawful presence in the United States pursuant to Code Section 50-36-1, together1322 with any required immigration documentation for noncitizen applicants.1323 (b) An application for a permit or license under this Code section shall constitute express1324 consent and authorization for the board to perform a criminal background check conducted1325 by the Georgia Crime Information Center and the Federal Bureau of Investigation. Each1326 applicant who submits an application to the board for a permit or licensure agrees to1327 provide any and all information necessary to run a criminal background check, including,1328 but not limited to, classifiable sets of fingerprints. The appl icant shall be responsible for1329 all fees associated with the performance of such background check.1330 43-44-47.1331 (a) The board may refuse to issue a license or permit if it is determined that the applicant1332 has engaged in conduct that has a significant adverse effect on such applicant's fitness to1333 H. B. 1254 - 53 - 26 LC 56 0646S/AP act as a prescription hearing aid dispenser. In making the det ermination, the board may1334 consider whether the applicant has:1335 (1) Been convicted of, or entered a plea of nolo contendere to, a crime that, if committed1336 in this state, would constitute a felony or a crime involving moral turpitude, including any1337 offense reasonably related to the individual's fitness to dispense prescription hearing aids1338 or to protect the health, safety, and welfare of consumers. Record of conviction or plea1339 or a copy thereof certified by the clerk of the court shall be conclusive evidence of such1340 conviction or plea;1341 (2) Made a materially false, misleading, deceptive, or fraudul ent representation in the1342 application;1343 (3) Engaged in conduct prohibited by this article; or1344 (4) Had a registration, license, or permit as a hearing aid dispenser suspended, revoked,1345 or denied or been refused renewal of registration or licensure as a hearing aid dispenser1346 in any state.1347 (b) The refusal to issue a license or permit as provided in su bsection (a) of this Code1348 section shall not be a contested case within the meaning of Cha pter 13 of Title 50, the1349 'Georgia Administrative Procedure Act,' and notice and hearing within the meaning of such1350 chapter shall not be required in connection with such refusal. Notice of refusal to issue a1351 license or permit shall be sent by registered mail or statutory overnight delivery or personal1352 service setting forth the reasons for the refusal. Such notice shall be sent to the applicant's1353 address of record with the board, and the applicant shall be al lowed to appear before the1354 board, if such applicant requests in writing to do so.1355 (c) In addition to any other penalties as provided for in this article, the board is authorized1356 to reprimand any licensee or permit holder and to suspend, revoke, or otherwise sanction1357 such person's license or permit for a fixed period, or may refuse to renew, upon affording1358 an opportunity for a hearing, for any of the following causes:1359 H. B. 1254 - 54 - 26 LC 56 0646S/AP (1) Conviction of, or entered a plea of nolo contendere to, a crime that, if committed in1360 this state, would constitute a felony or a crime involving moral turpitude, including any1361 offense reasonably related to the individual's fitness to dispense prescription hearing aids1362 or to protect the health, safety, and welfare of consumers. Record of conviction or plea1363 or a copy thereof certified by the clerk of the court shall be conclusive evidence of such1364 conviction or plea;1365 (2) Committing fraud, deceit, or misrepresentation in obtainin g, renewing, altering,1366 selling, lending, using, or attempting to use any license or permit issued under this article,1367 including permitting another person to use such license or permit;1368 (3) Engaging in fraud, misrepresentation, deception, or other misleading conduct in the1369 dispensing, fitting, advertising, or sale of prescription heari ng aids, including, but not1370 limited to:1371 (A) False, misleading, or deceptive advertisements or representations;1372 (B) Implying medical treatment, diagnosis, or audiological inv olvement when such1373 services are not provided or using the words 'hearing center,' 'doctor,' 'ear specialist,'1374 'clinic,' 'clinical audiologists,' 'state licensed clinic,' 'st ate registered,' 'state certified,'1375 'state approved,' or any other term, abbreviation, or symbol when it would falsely give1376 the impression that an individual is being treated medically or that the licensee's or1377 permit holder's service has been recommended by the state;1378 (C) Representing or implying that a prescription hearing aid i s or will be 'custom1379 made,' 'made to order,' 'prescription made,' or in any other sense specially fabricated for1380 an individual person when it is not;1381 (D) Representing that a recommendation for a specific brand, m odel, product, or1382 service is unbiased or impartial when it is not;1383 (E) Advertising a manufacturer's product or using a manufacturer's name or trademark1384 which implies a relationship with the manufacturer that does not exist;1385 H. B. 1254 - 55 - 26 LC 56 0646S/AP (F) Giving or receiving, directly or indirectly, kickbacks or i mproper inducements to1386 influence consumer purchases; and1387 (G) Selecting or fitting a prescription hearing aid for a person who has not received the1388 tests necessary to determine prescription hearing aid candidacy or using procedures and1389 instrumentation required under this article or as prescribed by the board; and1390 (4) Violating any provision of this article or any rule or regulation promulgated by the1391 board under this article.1392 (d) The board may discipline, suspend, revoke, or refuse to renew a license after proper1393 notice and an opportunity for a hearing.1394 (e) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'1395 shall be applicable to the board and the provisions of this article.1396 (f) The board may assess a civil penalty against a prescription hearing aid dispenser not1397 to exceed $10,000.00 for each violation of this article.1398 43-44-48.1399 (a) A license issued under this article shall be valid for a period of two years. A licensee1400 may renew such license by submitting a renewal application in a form prescribed by the1401 board, paying all required fees, and providing verification that the licensee has successfully1402 completed 20 hours of continuing education approved by the board. A renewal application1403 filed pursuant to this subsection shall be a public record.1404 (b) Each licensee shall be responsible for timely renewal of such license and shall notify1405 the board, in a manner prescribed by the board, of any change i n the licensee's mailing1406 address or contact information.1407 (c) Failure to renew a license shall result in forfeiture of the license. Any license that has1408 been forfeited may be restored within one year of the expiratio n date upon payment of1409 renewal and restoration fees. Failure to restore a forfeited license within one year of the1410 H. B. 1254 - 56 - 26 LC 56 0646S/AP date of its expiration shall result in the automatic termination of the license, and the board1411 may require the individual to reapply for licensure as a new applicant.1412 43-44-49.1413 (a) Any person who dispenses a prescription hearing aid shall provide to each individual1414 supplied with such hearing aid a written receipt or bill of sale in a form prescribed by the1415 board. Such receipt or bill of sale shall contain, at a minimum:1416 (1) The name and license number of the prescription hearing aid dispenser;1417 (2) The signature of the dispenser; 1418 (3) The make, model, and serial number of the prescription hearing aid furnished;1419 (4) A description of the condition of the hearing aid, includi ng whether it is new,1420 reconditioned, or used;1421 (5) A statement indicating whether a guarantee or warranty is provided and, if so, the1422 terms thereof;1423 (6) The total sale price, including any discounts, trade-in al lowances, and applicable1424 sales taxes;1425 (7) A statement printed or stamped on the receipt or bill of sale, in all capital letters, in1426 black or blue ink, in a type size of not less than 12 point fon t, containing one of the1427 following statements:1428 (A) 'THE SALE OF THIS HEARING AID IS FINAL. I UNDERSTAND THAT I1429 AM NOT ENTITLED TO A REFUND OR CREDIT.'; or 1430 (B) 'I HAVE READ, UNDERSTAND, AND HAVE SIGNED OR INITIALED A1431 COPY OF THE REFUND AND RETURN POLICY. THE POLICY STATES1432 WHETHER, AND UNTIL WHAT DATE, I MAY RETURN THE HEARING AID1433 FOR A FULL REFUND, A PARTIAL REFUND, OR A FULL OR PARTIAL1434 CREDIT, AND IDENTIFIES ANY FEES FOR SERVICES THAT WILL OR WILL1435 NOT BE REFUNDED OR CREDITED.';1436 H. B. 1254 - 57 - 26 LC 56 0646S/AP (8) If a refund or return policy applies, a copy of such polic y shall be provided to the1437 purchaser and signed or initialed by the purchaser;1438 (9) The name and street address of the prescription hearing aid user; 1439 (10) The name and street address of the purchaser or a notatio n that the purchaser and1440 user are the same individual;1441 (11) The date of delivery of the prescription hearing aid to the user or purchaser; and1442 (12) The signature of the purchaser acknowledging receipt of t he prescription hearing1443 aid and a copy of the receipt or bill of sale.1444 (b) If a prescription hearing aid that is not new is dispensed, the receipt or bill of sale shall1445 be clearly and conspicuously marked 'used' or 'reconditioned,' as applicable, and shall state1446 the terms of any guarantee or warranty provided, if any.1447 (c) A copy of the receipt or bill of sale and any applicable r efund or return policy1448 acknowledgment shall be maintained by the licensee or permit holder for a period of not1449 less than six years following delivery of the prescription hearing aid.1450 (d) The board may require such additional information on the receipt or bill of sale as he1451 or she determines to be necessary in the public interest.1452 43-44-50.1453 (a) This article shall not apply to a person who is a physician licensed to practice medicine1454 in this state or to a person who is licensed as an audiologist under this chapter.1455 (b) This article shall not apply to a person while he or she is working as an employee of1456 a federal, state, county, or municipal agency or a duly chartered educational institution or1457 a training center, provided that such person does not engage in the sale, rental, or lease of1458 prescription hearing aids.1459 (c) Nothing in this article shall be construed to prevent a person licensed under any other1460 law of this state from operating within the scope of that license, provided that such person1461 does not engage in the sale, rental, or lease of prescription hearing aids.1462 H. B. 1254 - 58 - 26 LC 56 0646S/AP (d) Nothing in this article shall be construed to prohibit any person or entity from1463 manufacturing, selling, offering for sale, or distributing over -the-counter hearing aids,1464 provided that such activities are conducted in compliance with applicable federal law. The1465 sale or distribution of over-the-counter hearing aids shall not require licensure under this1466 article, and no person or entity engaged solely in such activit ies shall be subject to the1467 licensure, supervision, or regulatory requirements of this article.1468 43-44-51.1469 Any person who dispenses or sells prescription hearing aids wit hout a license or that1470 otherwise is in violation of this article shall be guilty of a misdemeanor, and such1471 misdemeanor shall be considered a crime involving moral turpitude."1472 PART V1473 SECTION 5-1.1474 Code Section 43-10A-5 of the Official Code of Georgia Annotated, relating to powers and1475 duties of the board, quorum, and meetings regarding professional counselors, social workers,1476 and marriage and family therapists, is amended by revising subsection (c) as follows:1477 "(c) Unless specifically delegated to a standards committee pur suant to Code Section1478 43-10A-6, the The board shall have the following powers and duties:1479 (1) To adopt, amend, and repeal such rules and regulations not inconsistent with this1480 article necessary for the proper administration and enforcement of this article;1481 (2) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure1482 to practice a specialty in this state;1483 (3) To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty in this1484 state;1485 (4) To initiate investigations for the purpose of discovering violations of this article;1486 H. B. 1254 - 59 - 26 LC 56 0646S/AP (5) To conduct hearings upon charges calling for the disciplin e of a licensee or on1487 violations of this article;1488 (6) To issue to specialists licensed under this article certif icates under the seal of the1489 board evidencing such licensure and signed, either by hand or facsimile signature, by the1490 chairperson of the board and the division director;1491 (7) To adopt a seal; and1492 (8) To do all other things necessary to administer and enforce this article and all rules1493 and regulations adopted by the board pursuant to this article."1494 PART VI1495 SECTION 6-1.1496 All laws and parts of laws in conflict with this Act are repealed.1497 H. B. 1254 - 60 -