LC 49 2300S
The House Committee on Rules offers the following substitute to HB 267:
A BILL TO BE ENTITLED
AN ACT
To amend various titles of the Official Code of Georgia Annotated so as to provide for1
separate restroom and changing areas for males and females in schools; to provide for2
sleeping arrangements on school trips to be made according to sex; to provide for rules and3
regulations; to provide for noncompliance; to provide for private causes of action; to provide4
for exceptions; to provide for certain athletic activities to be designated as either for males,5
females, or coeducational; to prohibit males from participating in certain athletic activities6
designated as being for females; to provide for a method to determine sex; to provide for7
schools to be protected from complaints for compliance with statutes; to provide for8
definitions throughout the Official Code of Georgia Annotated of certain terms relating to9
sex; to provide for legislative findings on the importance of certain distinctions between the10
sexes; to require any collector of vital statistics throughout this state to identify each11
individual as either male or female; to replace the term "gender" throughout the Code with12
"sex"; to provide for definitions; to provide for conforming changes; to provide for a short13
title; to provide for related matters; to repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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PART I16
SECTION 1-1.17
This Act shall be known and may be cited as the "Riley Gaines Act."18
PART II19
SECTION 2-1.20
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part21
3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating22
to the health of elementary and secondary school students, by adding a new Code section to23
read as follows:24
"20-2-771.3.25
(a) As used in this Code section, the term:26
(1) 'Athletic event' means any interscholastic or intramural contest, game, jamboree,27
scrimmage, tournament, showcase, combine, or tryout related to a sport or physical28
activity.29
(2) 'Female' means an individual who has, had, or will have the reproductive system30
capable of the generation, migration, and utilization of eggs for fertilization, or would31
have such capabilities but for a developmental or genetic anomaly or historical accident.32
(3) 'Male' means an individual who has, had, or will have the reproductive system33
capable of the generation, migration, and utilization of sperm for fertilization, or would34
have such capabilities but for a developmental or genetic anomaly or historical accident.35
(4) 'Multiple occupancy restroom or changing area' means an area in a public school or36
local school system building that is designed or designated for use by student athletes37
during athletic events, to be used by one or more individuals at the same time, and in38
which one or more individuals may be in various stages of undress in the presence of39
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other individuals. Such term includes, but shall not be limited to, the following during40
athletic events:41
(A) Restrooms;42
(B) Locker rooms;43
(C) Changing rooms; and44
(D) Shower rooms.45
(5) 'Sex' means an individual's biological sex, either male or female. An individual's sex46
can be observed or clinically verified at or before birth and in no case is an individual's47
sex determined by stipulation or self-identification.48
(b) To ensure the privacy and safety of students, each public school or local school system49
in this state shall:50
(1) Require each multiple occupancy restroom or changing area to be designated as51
follows:52
(A) For the exclusive use by individuals whose sex is male; or53
(B) For the exclusive use by individuals whose sex is female; and54
(2)(A) Provide a reasonable accommodation to an individual who is unwilling or55
unable to use a multiple occupancy restroom or changing area designated for such56
individual's sex.57
(B)(i) A reasonable accommodation under this paragraph shall include, but shall not58
be limited to, allowing such individual to access a single-occupancy restroom or59
changing area.60
(ii) A reasonable accommodation under this paragraph shall not include allowing61
such individual to access a restroom or changing area that is designated for use by62
members of the opposite sex while members of the sex opposite to such individual are63
present or may be present in the restroom or changing area.64
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(c) This Code section shall not be construed or applied to prohibit an individual from65
entering a multiple occupancy restroom or changing area designated for use by individuals66
of the opposite sex when he or she enters such area for one of the following reasons:67
(1) For authorized custodial, maintenance, or inspection purposes;68
(2) To render emergency medical assistance;69
(3) To address an ongoing emergency, including, but not limited to, a physical70
altercation;71
(4) A minor child is accompanied by his or her parent or legal guardian who deems such72
entry necessary for the child's safety, welfare, or assistance; or73
(5) The performance of official duties and responsibilities as authorized coaches and74
trainers for purposes directly related to the athletic event.75
(d) Nothing in this Code section shall be construed or applied to prohibit a public school76
or local school system from adopting a policy that is necessary to accommodate individuals77
protected under the federal Americans with Disabilities Act of 1990, 42 U.S.C.78
Section 12101 et seq., as it existed on January 1, 2025, or young children who are in need79
of physical assistance when using a restroom or changing facility that is located in a public80
school or local school system; provided, however, that such policy shall not be contrary to81
or inconsistent with the provisions of subsections (a) through (c) of this Code section.82
(e)(1) Except as provided in paragraph (2) of this subsection, a public school or local83
school system that sponsors or supervises an overnight trip in conjunction with an athletic84
event involving public school students shall ensure that a public school student attending85
the overnight trip either:86
(A) Shares sleeping quarters with a member or, if necessary, multiple members, of the87
same sex; or88
(B) Is provided single-occupancy sleeping quarters.89
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(2) A public school student attending an overnight trip in conjunction with an athletic90
event may share sleeping quarters with a member of the opposite sex if the member of91
the opposite sex is a member of such student's immediate family.92
(f)(1) The Professional Standards Commission shall be authorized as provided in93
subsection (a) of Code Section 20-2-984.3 to investigate complaints alleging94
noncompliance with this Code section.95
(2) Upon a finding of noncompliance with this Code section by the Professional96
Standards Commission, such noncompliant individual shall be subject to sanctions as97
determined by the Professional Standards Commission, as provided for in Code98
Section 20-2-984.5.99
(g) A parent or legal guardian of a public school student shall have a cause of action100
against a public school or local school system if:101
(1) Such student:102
(A) Encounters a member of the opposite sex in a multiple occupancy restroom or103
changing area that is designated for individuals whose sex is the same as such student's104
sex if such member of the opposite sex received permission or direction from an105
official, employee, or agent of a public school or local school system to use such106
multiple occupancy restroom or changing area, except as provided in subsection (c) of107
this Code section; or108
(B) Is required by an official, employee, or agent of a public school or local school109
system to share sleeping quarters with a member of the opposite sex who is not a family110
member of such student; or111
(2) An official, employee, or agent of a public school or local school system is found to112
be noncompliant under subsection (f) of this Code section arising out of or related to an113
incident involving such student.114
(h) The State Board of Education and the Professional Standards Commission shall115
promulgate rules and regulations to implement this Code section."116
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SECTION 2-2.117
Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education118
generally, by adding a new part to read as follows:119
"Part 3120
20-3-15.121
As used in this part, the term:122
(1) 'Athletic event' means any intercollegiate or intramural contest, game, jamboree,123
scrimmage, tournament, showcase, combine, or tryout related to a sport or physical124
activity.125
(2) 'Female' means an individual who has, had, or will have the reproductive system126
capable of the generation, migration, and utilization of eggs for fertilization, or would127
have such capabilities but for a developmental or genetic anomaly or historical accident.128
(3) 'Male' means an individual who has, had, or will have the reproductive system129
capable of the generation, migration, and utilization of sperm for fertilization, or would130
have such capabilities but for a developmental or genetic anomaly or historical accident.131
(4) 'Multiple occupancy restroom or changing area' means an area in a building that is132
owned, occupied, or leased by a postsecondary education institution that is designed or133
designated for use by student athletes during athletic events, to be used by one or more134
individuals at the same time, and in which one or more individuals may be in various135
stages of undress in the presence of other individuals. Such term includes, but shall not136
be limited to, the following during athletic events:137
(A) Restrooms;138
(B) Locker rooms;139
(C) Changing rooms; and140
(D) Shower rooms.141
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(5) 'Postsecondary education institution' means a school which is:142
(A) An institution of the University System of Georgia;143
(B) A unit of the Technical College System of Georgia; or144
(C) A private postsecondary institution eligible for tuition equalization grants in145
accordance with the provisions of Code Section 20-3-411.146
(6) 'Sex' means an individual's biological sex, either male or female. An individual's sex147
can be observed or clinically verified at or before birth and in no case is an individual's148
sex determined by stipulation or self-identification.149
20-3-16.150
(a) To ensure the privacy and safety of students, each postsecondary education institution151
in this state shall:152
(1) Require each multiple occupancy restroom or changing area to be designated as153
follows:154
(A) For the exclusive use by individuals whose sex is male; or155
(B) For the exclusive use by individuals whose sex is female; and156
(2)(A) Provide a reasonable accommodation to an individual who is unwilling or157
unable to use a multiple occupancy restroom or changing area designated for such158
individual's sex.159
(B)(i) A reasonable accommodation under this paragraph shall include, but shall not160
be limited to, allowing such individual to access a single-occupancy restroom or161
changing area.162
(ii) A reasonable accommodation under this paragraph shall not include allowing163
such individual to access a restroom or changing area that is designated for use by164
members of the opposite sex while members of the sex opposite to such individual are165
present or may be present in the restroom or changing area.166
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(b) This Code section shall not be construed or applied to prohibit an individual from167
entering a multiple occupancy restroom or changing area designated for use by individuals168
of the opposite sex when he or she enters such area for one of the following reasons:169
(1) For authorized custodial, maintenance, or inspection purposes;170
(2) To render emergency medical assistance;171
(3) To address an ongoing emergency, including, but not limited to, a physical172
altercation;173
(4) A minor child is accompanied by his or her parent or legal guardian who deems such174
entry necessary for the child's safety, welfare, or assistance; or175
(5) The performance of official duties and responsibilities as authorized coaches and176
trainers for purposes directly related to the athletic event.177
(c) Nothing in this Code section shall be construed or applied to prohibit a postsecondary178
education institution from adopting a policy that is necessary to accommodate individuals179
protected under the federal Americans with Disabilities Act of 1990, 42 U.S.C.180
Section 12101 et seq., as it existed on January 1, 2025, or young children who are in need181
of physical assistance when using a restroom or changing facility that is located in a182
building owned, occupied, or leased by a postsecondary education institution; provided,183
however, that such policy shall not be contrary to or inconsistent with the provisions of184
subsections (a) and (b) of this Code section.185
(d)(1) Except as provided in paragraph (2) of this subsection, a postsecondary education186
institution that sponsors or supervises an overnight trip in conjunction with an athletic187
event involving students shall ensure that a student attending the overnight trip either:188
(A) Shares sleeping quarters with a member or, if necessary, multiple members, of the189
same sex; or190
(B) Is provided single-occupancy sleeping quarters.191
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(2) A student attending an overnight trip in conjunction with an athletic event may share192
sleeping quarters with a member of the opposite sex if the member of the opposite sex is193
a member of such student's immediate family.194
(e) A student or the parent or legal guardian of a student who has not reached the age of195
majority shall have a cause of action against a postsecondary education institution if such196
student:197
(1) Encounters a member of the opposite sex in a multiple occupancy restroom or198
changing area that is designated for individuals whose sex is the same as such student's199
sex, except as provided in subsection (c) of this Code section; or200
(2) Is required to share sleeping quarters with a member of the opposite sex who is not201
a family member of such student.202
(f) The Board of Regents and the State Board of the Technical College System of Georgia203
shall promulgate rules and regulations to implement this Code section as applicable to the204
University System of Georgia and the Technical College System of Georgia, respectively."205
PART III206
SECTION 3-1.207
Said title is further amended in Chapter 1, relating to general provisions of education, by208
adding a new article to read as follows:209
"ARTICLE 5210
20-1-50.211
As used in this article, the term:212
(1) 'Athletic association' means any governing body for athletic competition or sport or213
any organization of athletic conferences.214
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(2) 'Athletic event' means any contest, game, jamboree, scrimmage, tournament,215
showcase, combine, or tryout related to a sport or physical activity.216
(3) 'Competition' means an athletic event after which any team or individual is217
designated as a winner, roster spots are determined, or prizes are awarded.218
(4) 'Female' means an individual who has, had, or will have the reproductive system219
capable of the generation, migration, and utilization of eggs for fertilization, or would220
have such capabilities but for a developmental or genetic anomaly or historical accident.221
(5) 'Male' means an individual who has, had, or will have the reproductive system222
capable of the generation, migration, and utilization of sperm for fertilization, or would223
have such capabilities but for a developmental or genetic anomaly or historical accident.224
(6) 'Participant' means a student who is participating in an athletic event.225
(7) 'Sex' means an individual's biological sex, either male or female. An individual's sex226
can be observed or clinically verified at or before birth and in no case is an individual's227
sex determined by stipulation or self-identification.228
(8) 'Team' means any individual or group of people who compete in athletic events for229
the same organization, school, club, college, university, or cause.230
20-1-51.231
Any public school, local school system, or postsecondary education institution that offers,232
operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic233
opportunities for members of both sexes.234
20-1-52.235
Notwithstanding the requirements of Code Section 20-1-51, a public school, local school236
system, or postsecondary education institution located in Georgia may operate or sponsor237
single-sex teams where selection for such teams is based upon competitive skill or the238
activity involved is a contact sport.239
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20-1-53.240
All public schools, local school systems, and postsecondary education institutions that are241
participating in competitions or athletic events with or against public schools, local school242
systems, or postsecondary education institutions must designate each team, competition,243
or athletic event as:244
(1) For males, men, or boys;245
(2) For females, women, or girls; or246
(3) Coeducational or mixed sex.247
20-1-54.248
(a) No public school, local school system, postsecondary education institution, or athletic249
association that is participating in a competition or athletic event with or against a public250
school, local school system, or postsecondary education institution that operates, sponsors,251
or permits athletic events or competitions may allow any male to compete for, against, or252
with a team designated for females, women, or girls.253
(b) A public school, local school system, postsecondary education institution, or athletic254
association that operates, sponsors, or permits athletic events or competitions may not:255
(1) Allow any male to occupy a roster spot on any team designated for females, women,256
or girls; or257
(2) Allow any male to receive a scholarship designated for female athletes.258
(c) The biological sex listed on a participant's birth certificate may be relied on to establish259
the participant's eligibility under this Code section if the sex designated on the birth260
certificate was designated at or near the time of the participant's birth.261
(d) Nothing in this article shall be construed to authorize a public school, local school262
system, postsecondary education institution, or athletic association to verify or confirm a263
student's sex through visual inspection of such student's external sex organs for purposes264
of participation in athletic events; provided, however, that this subsection shall not prohibit265
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reliance on medical records or other standard school medical procedures for such266
verification.267
20-1-55.268
Nothing in this article shall prohibit a public school, local school system, postsecondary269
education institution, or athletic association from allowing males to practice or train with270
teams designated for females, women, or girls, so long as no such male player takes a roster271
spot, opportunity to compete, scholarship, or spot at the school from any female.272
20-1-56.273
No governmental entity, licensing or accrediting organization, athletic association, public274
school, or local school system may consider a complaint, open an investigation, or take275
adverse action against a public school or local school system for complying with this276
article.277
20-1-57.278
(a) Any individual who is deprived of an athletic opportunity or who suffers or who will279
suffer direct or indirect harm resulting from a violation of this article may bring a private280
cause of action for injunctive relief, compensatory damages, and attorney's fees against the281
violating entity.282
(b) Any public school, local school system, or athletic association that suffers or will suffer283
direct or indirect harm as a result of a violation of this statute may bring a private cause of284
action against the violating entity for injunctive relief and compensatory damages.285
(c) Any individual or team subjected to retaliation or other adverse action as a result of286
reporting a violation of this statute to an employee or representative of a public school,287
local school system, postsecondary education institution, or athletic association or288
subjected to retaliation or other adverse action as a result of reporting a violation of this289
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article to the state or federal government entity with oversight authority, may bring a290
private cause of action against the retaliating entity for injunctive relief, damages, and any291
other relief available under law.292
(d) An action brought under this Code section must be commenced within one year of the293
event giving rise to the complaint."294
PART IV295
SECTION 4-1.296
Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended297
in Chapter 2, relating to persons and their rights, by adding a new Code section to read as298
follows:299
"1-2-7.1.300
(a) The General Assembly finds the following with respect to the application of an301
individual's sex pursuant to any state law or rules and regulations:302
(1) The term 'sex' refers to an individual's biological sex, either male or female. An303
individual's sex can be observed or clinically verified at or before birth and in no case is304
an individual's sex determined by stipulation or self-identification;305
(2) With respect to sex, the term 'equal' does not mean same or identical;306
(3) With respect to sex, separate accommodations are not inherently unequal;307
(4) An individual born with a medically verifiable diagnosis of disorder or differences308
in sex development shall be provided any available legal protections and309
accommodations afforded under the federal Americans with Disabilities Act of 1990,310
42 U.S.C. Section 12101 et seq., and any applicable state law;311
(5) Laws, rules, and regulations that distinguish between the sexes are subject to312
intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair313
discrimination against similarly situated male and female individuals but allows the law314
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to distinguish between the sexes where such distinctions are substantially related to315
important governmental objections; and316
(6) Notwithstanding any provision of state law to the contrary, distinctions between the317
sexes with respect to athletics, living facilities, locker rooms, domestic violence shelters,318
rape crisis centers, restrooms, and other areas where biology, safety, or privacy are319
implicated that result in separate accommodations are substantially related to the320
important governmental objections of protecting the health, safety, and privacy of321
individuals in such circumstances.322
(b) Any local school system, public school, or any state agency, department, or political323
subdivision that collects vital statistics for the purpose of complying with324
antidiscrimination laws or for the purpose of gathering accurate public health, crime,325
economic, or other data shall identify each individual who is part of the collected data set326
as either male or female at birth."327
SECTION 4-2.328
Said title is further amended in Code Section 1-3-1, relating to construction of statutes329
generally, by revising paragraphs (4) through (6) of subsection (d) as follows:330
"(4) Gender. The masculine gender includes the feminine and the neuter.331
(5)(4) Joint authority. A joint authority given to any number of persons or officers may332
be executed by a majority of them, unless it is otherwise declared.333
(6)(5) Number. The singular or plural number each includes the other, unless the other334
is expressly excluded.335
(6) Sex. Masculine words shall include the feminine and neuter."336
SECTION 4-3.337
Said title is further amended in Chapter 3, relating to laws and statutes, in Code338
Section 1-3-3, relating to definitions, by adding multiple new paragraphs to read as follows:339
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"(7.2) 'Father' means a parent of the male sex.340
(7.3) 'Female' means an individual who has, had, or will have the reproductive system341
capable of the generation, migration, and utilization of eggs for fertilization, or would342
have such capabilities but for a developmental or genetic anomaly or historical accident."343
"(9.1) 'Male' means an individual who has, had, or will have the reproductive system344
capable of the generation, migration, and utilization of sperm for fertilization, or would345
have such capabilities but for a developmental or genetic anomaly or historical accident.346
(9.2) 'Man' means, except when used as a generic reference to human beings, an adult347
human male."348
"(11.1) 'Mother' means a parent of the female sex."349
"(22.1) 'Woman' means a human female."350
PART V351
SECTION 5-1.352
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code353
Section 15-9-90, relating to forms for probate court and local alteration, by revising354
subsection (b) as follows:355
"(b) The rules adopted pursuant to subsection (a) of this Code section shall provide that the356
forms so adopted may be altered locally in a particular petition or proceeding in such items357
as grammar, gender usage sex terminology, the use of singular and plural nouns and358
pronouns, the omission of optional or alternate language, the inclusion of variable359
information such as names and addresses, and other nonmaterial ways."360
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SECTION 5-2.361
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is362
amended in Code Section 17-4-20.2, relating to bias crime report, requirements, use of363
reports, and publication, by revising the introductory paragraph of subsection (a) through364
"Investigation," as follows:365
"(a) Whenever a law enforcement officer investigates an incident of a crime in which it366
appears there is reasonable suspicion to believe that the defendant intentionally selected367
any victim or group of victims or any property as the object of the offense because of such368
victim's or group of victims' actual or perceived race, color, religion, national origin, sex,369
sexual orientation, gender, mental disability, or physical disability, whether or not an arrest370
is made, the officer shall prepare and submit to the law enforcement officer's supervisor or371
other designated person a written report of the incident entitled 'Bias Crime Report.' Forms372
for such reports shall be designed and provided by the Georgia Bureau of Investigation."373
SECTION 5-3.374
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in375
Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate376
gender teams, equal athletic opportunity, physical education classes, employee designated377
to monitor compliance, grievance procedures, and reporting requirements, by revising378
subsections (a), (b), (c), (d), (e), and (j) as follows:379
"(a) No student shall, on the basis of gender sex, be excluded from participation in, be380
denied the benefits of, be treated differently from another student, or otherwise be381
discriminated against in any interscholastic or intramural athletics offered by a local school382
system, and no local school system shall provide any such athletics separately on such383
basis.384
(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school385
system may operate or sponsor separate teams for members of each gender sex where386
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selection for such teams is based upon competitive skill or the activity involved is a contact387
sport. However, where a local school system operates or sponsors a team in a particular388
sport for members of one gender sex but operates or sponsors no such team for members389
of the other gender sex, and athletic opportunities for members of that gender sex in that390
particular sport have previously been limited, members of the excluded gender sex must391
be allowed to try out for the team offered unless the sport involved is a contact sport. 392
Nothing in this subsection shall be construed to limit the authority of a local school system393
to operate or sponsor a single team for a contact sport that includes members of both394
genders sexes. As used in this subsection, the term 'contact sport' includes boxing,395
wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or major396
activity of which involves bodily contact.397
(c) A local school system which operates or sponsors interscholastic or intramural athletics398
shall undertake all reasonable efforts to provide equal athletic opportunity for members of399
both genders sexes. In determining whether equal opportunities are available the following400
factors shall be considered:401
(1) Whether the selection of sports and levels of competition effectively accommodate402
the interests and abilities of members of both genders sexes;403
(2) The provision of equipment and supplies;404
(3) Scheduling of games and practice time;405
(4) Travel allowance;406
(5) Opportunity to receive coaching and academic tutoring;407
(6) Assignment and compensation of coaches and tutors;408
(7) Provision of locker rooms and practice and competitive facilities;409
(8) Provision of medical and training facilities and services; and410
(9) Publicity.411
Unequal aggregate expenditures for members of each gender sex or unequal expenditures412
for male and female teams if a local school system operates or sponsors separate teams will413
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not constitute noncompliance with this subsection, but the failure to provide essential funds414
for the basic operations of teams for one gender sex may be considered in assessing415
equality of opportunity for members of each gender sex. Nothing in Code Section416
20-2-411 shall be construed to limit the authority of a local school system to expend school417
tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in418
order to comply with the requirements of this Code section.419
(d) A local school system may provide separate toilet, locker room, and shower facilities420
on the basis of gender sex, but such facilities shall be comparable to such facilities421
provided for students of the other gender sex.422
(e) This Code section does not prohibit the grouping of students in physical education423
classes by gender sex."424
"(j) The Department of Education may publish an annual report of local school systems425
to include information regarding expenditures and participation rates for each gender sex426
and such other information as the state board and department deem relevant."427
SECTION 5-4.428
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is429
amended in Code Section 40-5-25, relating to applications, fees, provisions for voluntary430
participation in various programs, by revising subsection (d) as follows:431
"(d)(1) The General Assembly finds that it is in the best interest of this state to encourage432
improved public education and awareness regarding anatomical gifts of human organs433
and tissues and to address the ever increasing need for donations of anatomical gifts for434
the benefit of the citizens of Georgia.435
(2) The department shall make available to procurement organizations or secure data436
centers maintained and managed at the direction of a procurement organization437
information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised438
Uniform Anatomical Gift Act,' including the name, license number, date of birth, gender439
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sex, and most recent address of any person eligible pursuant to Code Section 44-5-142440
who obtains an organ donor driver's license; provided, however, that the gender441
information sex category information of either male or female shall be made available442
only to a procurement organization or secure data center if such organization or center443
has sufficient funds to cover the associated costs of providing such information. 444
Information so obtained by such organizations and centers shall be used for a state-wide445
organ donor registry accessible to organ tissue and eye banks authorized to function as446
such in this state and shall not be further disseminated."447
SECTION 5-5.448
Said title is further amended in Code Section 40-5-100, relating to personal identification449
cards, contents, possession of more than one card prohibited, and optional contributions to450
and participation in voluntary programs, by revising paragraph (2) of subsection (e) as451
follows:452
"(2) The department shall make available to procurement organizations or secure data453
centers maintained and managed at the direction of a procurement organization454
information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised455
Uniform Anatomical Gift Act,' including the name, identification card number, date of456
birth, gender sex, and most recent address of any person who obtains an organ donor457
identification card; provided, however, that the gender information with respect to one's458
sex shall be made available only to a procurement organization or secure data center if459
such organization or center has sufficient funds to cover the associated costs of providing460
such information. Information so obtained by such organizations and centers shall be461
used for a state-wide organ donor registry accessible to organ tissue and eye banks462
authorized to function as such in this state and shall not be further disseminated."463
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SECTION 5-6.464
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code465
Section 44-5-158, relating to donor registry, by revising subsection (a) as follows:466
"(a) The Department of Driver Services shall make available to procurement organizations467
or secure data centers maintained and managed at the direction of a procurement468
organization the name, license number, date of birth, gender sex, and most recent address469
of any person who obtains an organ donor's license; provided, however, that the gender470
information with respect to one's sex shall only be made available to a procurement471
organization or secure data center if such organization or center has sufficient funds to472
cover the associated costs with providing such information. Information so obtained by473
such organizations shall be used for the purpose of establishing a state-wide organ donor474
registry accessible to organ tissue and eye banks authorized to function as such in this state475
and shall not be further disseminated."476
SECTION 5-7.477
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended478
in Article 1 of Chapter 5 of Title 49, relating to children and youth services, by revising Code479
Section 49-5-22, relating to voluntary pre-kindergarten programs to provide toilet facilities480
screened for privacy, as follows:481
"49-5-22.482
(a) The General Assembly finds that just as gender separated toileting separated by one's483
sex among nonrelatives is the norm among adults, children should be allowed the same484
opportunity to practice modesty when independent toileting behavior is well established485
among the majority of their age group. Standardized adherence to this policy would486
provide privacy, injury control, and sanitation.487
(b) Each public or private voluntary pre-kindergarten program in this state which receives488
state funding shall provide toilet facilities for the four-year-old pre-kindergarten age489
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children which it serves which are suitably screened for privacy. Nothing contained in this490
Code section shall be construed to require a pre-kindergarten program to provide separately491
constructed toilet facilities.492
(c) The provisions of subsection (b) of this Code section shall not apply to any voluntary493
pre-kindergarten program which provides separate and gender-specific male and female494
toilet facilities for the children which it serves."495
SECTION 5-8.496
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended497
in Code Section 50-12-22, relating to membership, appointment, terms, chairperson, and498
meetings, by revising paragraph (2) of subsection (b) as follows:499
"(2) The council should be a balanced representation of the entire state, accounting for,500
but not limited to, minority and ethnic groups, gender male and female diversity,501
geographic diversity, large and small organizations, and the public and private sectors;"502
SECTION 5-9.503
Various titles of the Official Code of Georgia Annotated are amended by replacing "gender"504
with "sex" wherever the former term appears in:505
(1) Code Section 11-1-106, relating to use of singular and plural and gender;506
(2) Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms;507
(3) Code Section 13-10-91, relating to verification of new employee eligibility,508
applicability, and rules and regulations;509
(4) Code Section 15-11-341, relating to written report to court and review hearing and510
findings;511
(5) Code Section 15-12-1, relating to definitions;512
(6) Code Section 15-12-40.1, relating to state-wide master jury list, driver's license513
information, list of registered voters, and random list of persons to comprise venire;514
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(7) Code Section 16-12-214, relating to study on minority and women participation;515
addressing discrimination;516
(8) Code Section 16-13-59, relating to information to include for each Schedule II, III, IV,517
or V controlled substance prescription and compliance;518
(9) Code Section 19-13-30, relating to State Commission on Family Violence;519
(10) Code Section 20-2-315, relating to gender discrimination prohibited, authorized520
separate gender teams, equal athletic opportunity, physical education classes, employee521
designated to monitor compliance, grievance procedures, and reporting requirements;522
(11) Code Section 20-2-316, relating to involvement of athletic association in high school523
athletics;524
(12) Code Section 20-2-740, relating to annual report by local boards of education525
regarding disciplinary and placement actions and annual study by the Department of526
Education;527
(13) Code Section 20-3-681, relating to compensation of athlete for use of name, image,528
or likeness, scholarships are not compensation, and requirements for schools and athletes;529
(14) Code Section 26-4-83, relating to patient record systems;530
(15) Code Section 27-2-2, relating to issuance and sale of hunting, fishing and trapping531
licenses, identification required, withdrawal of agents' authority to sell licenses, online532
licensing system to allow making of anatomical gifts, and anatomical gift education and533
awareness;534
(16) Code Section 31-10-33, relating to procedure for stillbirth;535
(17) Code Section 33-20C-4, relating to information and searchable format for directories536
and exclusion of dental plans;537
(18) Code Section 33-24-59.7, relating to coverage for the treatment of morbidly obese538
patients, short title, legislative findings, and adoption of rules and regulations by the539
Commissioner;540
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(19) Code Section 33-24-91, relating to use of credit information to underwrite or rate541
risks;542
(20) Code Section 33-30A-4, relating to membership, cooperative's powers, duties and543
responsibilities, fees, and annual reports;544
(21) Code Section 35-3-161, relating to time and procedure for withdrawal of blood545
samples;546
(22) Code Section 37-2-5, relating to regional advisory councils - establishing policy and547
direction for disability services, membership, bylaws, meetings, and expenses;548
(23) Code Section 37-2-6, relating to community mental health, developmental disabilities,549
and addictive diseases service boards - community service board creation, membership,550
participation of counties, transfer of powers and duties, alternate method of establishment,551
bylaws, and reprisals prohibited;552
(24) Code Section 37-2-11, relating to allocation of available funds for services, recipients553
to meet minimum standards, accounting for fees generated by providers, and discrimination554
in providing services prohibited;555
(25) Code Section 40-5-2, relating to keeping of records of applications for licenses and556
information on licenses and furnishing of information;557
(26) Code Section 43-11-11, relating to gathering of census data on practicing dentists and558
dental hygienists and standard form;559
(27) Code Section 43-18-46, relating to grounds for denial or revocation of license or560
registration and other discipline;561
(28) Code Section 49-3-2, relating to appointment of county board members, terms,562
vacancies, per diem and expenses, and role of county board;563
(29) Code Section 49-3-3.1, relating to annual report from county director of department564
of family and children services and personal appearance;565
(30) Code Section 49-5-281, relating to bill of rights for foster parents and filing of566
grievance for violations;567
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(31) Code Section 49-10-1, relating to the Board of Health Care Workforce, composition,568
expense allowances, staffing, and advisory committees;569
(32) Code Section 50-18-72, relating to when public disclosure is not required;570
(33) Code Section 50-36-1, relating to verification requirements, procedures, and571
conditions, exceptions, regulations, and criminal and other penalties for violations; and572
(34) Code Section 51-14-3, relating to definitions.573
PART VI574
SECTION 6-1.575
All laws and parts of laws in conflict with this Act are repealed.576
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