Text of GA HB 267 (2026)

25 LC 49 2204 House Bill 267 By: Representatives Bonner of the 73rd, Jones of the 47th, Wade of the 9th, Ehrhart of the 36th, Donatucci of the 105th, and others A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to provide for 1 separate restroom and changing areas for males and females in schools; to provide for 2 sleeping arrangements on school trips to be made according to sex; to provide for the 3 Professional Standards Commission to create rules; to provide for certain school personnel 4 to face fines for noncompliance; to provide for private causes of action; to provide for 5 exceptions; to provide for certain athletic activities to be designated as either for males, 6 females, or co-educational; to prohibit males from participating in certain athletic activities 7 designated as being for females; to provide for a method to determine sex; to provide for 8 schools to be protected from complaints for compliance with statutes; to provide for 9 definitions throughout the Official Code of Georgia Annotated of certain terms relating to 10 sex; to provide for legislative findings on the importance of certain distinctions between the 11 sexes; to require any collector of vital statistics throughout this state to identify each 12 individual as either male or female; to replace the term "gender" throughout the Code with 13 "sex"; to provide for definitions; to provide for conforming changes; to provide for a short 14 title; to provide for related matters; to repeal conflicting laws; and for other purposes. 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 16 H. B. 267 - 1 - 25 LC 49 2204 PART I 17 SECTION 1-1. 18 This Act shall be known and may be cited as the "Riley Gaines Act." 19 PART II 20 SECTION 2-1. 21 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 22 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating 23 to the health of elementary and secondary school students, by adding a new Code section to 24 read as follows: 25 "20-2-771.3. 26 (a) As used in this Code section, the term: 27 (1) 'Athletic event' means any interscholastic or intramural contest, game, jamboree, 28 scrimmage, tournament, showcase, combine, or tryout related to a sport or physical 29 activity. 30 (2) 'Female' means an individual who has, had, or will have the reproductive system 31 capable of the generation, migration, and utilization of eggs for fertilization, or would 32 have such capabilities but for a developmental or genetic anomaly or historical accident. 33 (3) 'Male' means an individual who has, had, or will have the reproductive system 34 capable of the generation, migration, and utilization of sperm for fertilization, or would 35 have such capabilities but for a developmental or genetic anomaly or historical accident. 36 (4) 'Multiple occupancy restroom or changing area' means an area in a public school or 37 local school system building that is designed or designated for use by student athletes 38 during athletic events, to be used by one or more individuals at the same time, and in 39 which one or more individuals may be in various stages of undress in the presence of 40 H. B. 267 - 2 - 25 LC 49 2204 other individuals. Such term includes, but shall not be limited to, the following during 41 athletic events: 42 (A) Restrooms; 43 (B) Locker rooms; 44 (C) Changing rooms; and 45 (D) Shower rooms. 46 (5) 'Sex' means an individual's biological sex, either male or female. An individual's sex 47 can be observed or clinically verified at or before birth and in no case is an individual's 48 sex determined by stipulation or self-identification. 49 (b) To ensure the privacy and safety of students, each public school or local school system 50 in this state shall: 51 (1) Require each multiple occupancy restroom or changing area to be designated as 52 follows: 53 (A) For the exclusive use by individuals whose sex is male; or 54 (B) For the exclusive use by individuals whose sex is female; and 55 (2)(A) Provide a reasonable accommodation to an individual who is unwilling or 56 unable to use a multiple occupancy restroom or changing area designated for such 57 individual's sex. 58 (B)(i) A reasonable accommodation under this paragraph shall include, but shall not 59 be limited to, allowing such individual to access a single-occupancy restroom or 60 changing area. 61 (ii) A reasonable accommodation under this paragraph shall not include allowing 62 such individual to access a restroom or changing area that is designated for use by 63 members of the opposite sex while members of the sex opposite to such individual are 64 present or may be present in the restroom or changing area. 65 H. B. 267 - 3 - 25 LC 49 2204 (c) This Code section shall not be construed or applied to prohibit an individual from 66 entering a multiple occupancy restroom or changing area designated for use by individuals 67 of the opposite sex when he or she enters such area for one of the following reasons: 68 (1) For authorized custodial, maintenance, or inspection purposes; 69 (2) To render emergency medical assistance; 70 (3) To address an ongoing emergency, including, but not limited to, a physical 71 altercation; or 72 (4) A minor child is accompanied by his or her parent or legal guardian who deems such 73 entry necessary for the child's safety, welfare, or assistance. 74 (d) Nothing in this Code section shall be construed or applied to prohibit a public school 75 or local school system from adopting a policy that is necessary to accommodate individuals 76 protected under the federal Americans with Disabilities Act of 1990, 42 U.S.C. 77 Section 12101 et seq., as it existed on January 1, 2025, or young children who are in need 78 of physical assistance when using a restroom or changing facility that is located in a public 79 school or local school system; provided, however, that such policy shall not be contrary to 80 or inconsistent with the provisions of subsections (a) through (c) of this Code section. 81 (e)(1) Except as provided in paragraph (2) of this subsection, a public school or local 82 school system that sponsors or supervises an overnight trip in conjunction with an athletic 83 event involving public school students shall ensure that a public school student attending 84 the overnight trip either: 85 (A) Shares sleeping quarters with a member or, if necessary, multiple members, of the 86 same sex; or 87 (B) Is provided single-occupancy sleeping quarters. 88 (2) A public school student attending an overnight trip in conjunction with an athletic 89 event may share sleeping quarters with a member of the opposite sex if the member of 90 the opposite sex is a member of such student's immediate family. 91 H. B. 267 - 4 - 25 LC 49 2204 (f)(1) The Professional Standards Commission shall be authorized as provided in 92 subsection (a) of Code Section 20-2-984.3 to investigate complaints alleging 93 noncompliance with this Code section. 94 (2) Upon a finding of noncompliance with this Code section by the Professional 95 Standards Commission, the following individuals, as applicable, shall be subject to a 96 minimum fine of $1,000.00 and may receive additional sanctions as determined by the 97 Professional Standards Commission: 98 (A) The local school superintendent of the local school system where the 99 noncompliance occurred, if such individual's action or inaction reasonably caused the 100 noncompliance with this Code section; 101 (B) The principal of the public school where the noncompliance occurred if such 102 individual's action or inaction reasonably caused the noncompliance with this Code 103 section; and 104 (C) Other school personnel responsible for supervising an athletic event, if such 105 individual's action or inaction reasonably caused the noncompliance with this Code 106 section. 107 (g) A parent or legal guardian of a public school student shall have a cause of action 108 against a public school or local school system if: 109 (1) Such student: 110 (A) Encounters a member of the opposite sex in a multiple occupancy restroom or 111 changing area that is designated for individuals whose sex is the same as such student's 112 sex if such member of the opposite sex received permission or direction from an 113 individual provided for in subparagraphs (f)(2)(A) through (f)(2)(C) of this Code 114 section to use such multiple occupancy restroom or changing area, except as provided 115 in subsection (c) of this Code section; or 116 H. B. 267 - 5 - 25 LC 49 2204 (B) Is required by an individual provided for in subparagraphs (f)(2)(A) through 117 (f)(2)(C) of this Code section to share sleeping quarters with a member of the opposite 118 sex who is not a family member of such student; or 119 (2) An individual provided for in subparagraphs (f)(2)(A) through (f)(2)(C) of this Code 120 section is found to be noncompliant under subsection (f) of this Code section arising out 121 of or related to an incident involving such student. 122 (h) The State Board of Education and the Professional Standards Commission shall 123 promulgate rules and regulations to implement this Code section." 124 PART III 125 SECTION 3-1. 126 Said title is further amended in Chapter 1, relating to general provisions of education, by 127 adding a new article to read as follows: 128 "ARTICLE 5 129 20-1-50. 130 As used in this article, the term: 131 (1) 'Athletic association' means any governing body for athletic competition or sport or 132 any organization of athletic conferences. 133 (2) 'Athletic event' means any contest, game, jamboree, scrimmage, tournament, 134 showcase, combine, or tryout related to a sport or physical activity. 135 (3) 'Competition' means an athletic event after which any team or individual is 136 designated as a winner, roster spots are determined, or prizes are awarded. 137 H. B. 267 - 6 - 25 LC 49 2204 (4) 'Female' means an individual who has, had, or will have the reproductive system 138 capable of the generation, migration, and utilization of eggs for fertilization, or would 139 have such capabilities but for a developmental or genetic anomaly or historical accident. 140 (5) 'Male' means an individual who has, had, or will have the reproductive system 141 capable of the generation, migration, and utilization of sperm for fertilization, or would 142 have such capabilities but for a developmental or genetic anomaly or historical accident. 143 (6) 'Participant' means a student who is participating in an athletic event. 144 (7) 'Sex' means an individual's biological sex, either male or female. An individual's sex 145 can be observed or clinically verified at or before birth and in no case is an individual's 146 sex determined by stipulation or self-identification. 147 (8) 'Team' means any individual or group of people who compete in athletic events for 148 the same organization, school, club, college, university, or cause. 149 20-1-51. 150 Any public school, local school system, or postsecondary education institution that offers, 151 operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic 152 opportunities for members of both sexes. 153 20-1-52. 154 Notwithstanding the requirements of Code Section 20-1-51, a public school, local school 155 system, or postsecondary education institution located in Georgia may operate or sponsor 156 single-sex teams where selection for such teams is based upon competitive skill or the 157 activity involved is a contact sport. 158 20-1-53. 159 All public schools, local school systems, and postsecondary education institutions that are 160 participating in competitions or athletic events with or against public schools, local school 161 H. B. 267 - 7 - 25 LC 49 2204 systems, or postsecondary education institutions must designate each team, competition, 162 or athletic event as: 163 (1) For males, men, or boys; 164 (2) For females, women, or girls; or 165 (3) Co-educational or mixed sex. 166 20-1-54. 167 (a) No public school, local school system, postsecondary education institution, or athletic 168 association that is participating in a competition or athletic event with or against a public 169 school, local school system, or postsecondary education institution that operates, sponsors, 170 or permits athletic events or competitions may allow any male to compete for, against, or 171 with a team designated for females, women, or girls. 172 (b) A public school, local school system, postsecondary education institution, or athletic 173 association that operates, sponsors, or permits athletic events or competitions may not: 174 (1) Allow any male to occupy a roster spot on any team designated for females, women, 175 or girls; or 176 (2) Allow any male to receive a scholarship designated for female athletes. 177 (c) The biological sex listed on a participant's birth certificate may be relied on to establish 178 the participant's eligibility under this Code section if the sex designated on the birth 179 certificate was designated at or near the time of the participant's birth. 180 20-1-55. 181 Nothing in this article shall prohibit a public school, local school system, postsecondary 182 education institution, or athletic association from allowing males to practice or train with 183 teams designated for females, women, or girls, so long as no such male player takes a roster 184 spot, opportunity to compete, scholarship, or spot at the school from any female. 185 H. B. 267 - 8 - 25 LC 49 2204 20-1-56. 186 No governmental entity, licensing or accrediting organization, athletic association, public 187 school, or local school system may consider a complaint, open an investigation, or take 188 adverse action against a public school or local school system for complying with this 189 article. 190 20-1-57. 191 (a) Any individual who is deprived of an athletic opportunity or who suffers or who will 192 suffer direct or indirect harm resulting from a violation of this article may bring a private 193 cause of action for injunctive relief, compensatory damages, and attorney's fees against the 194 violating entity. 195 (b) Any public school, local school system, or athletic association that suffers or will suffer 196 direct or indirect harm as a result of a violation of this statute may bring a private cause of 197 action against the violating entity for injunctive relief and compensatory damages. 198 (c) Any individual or team subjected to retaliation or other adverse action as a result of 199 reporting a violation of this statute to an employee or representative of a public school, 200 local school system, postsecondary education institution, or athletic association or 201 subjected to retaliation or other adverse action as a result of reporting a violation of this 202 article to the state or federal government entity with oversight authority, may bring a 203 private cause of action against the retaliating entity for injunctive relief, damages, and any 204 other relief available under law. 205 (d) An action brought under this Code section must be commenced within one year of the 206 event giving rise to the complaint." 207 H. B. 267 - 9 - 25 LC 49 2204 PART IV 208 SECTION 4-1. 209 Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended 210 in Chapter 2, relating to persons and their rights, by adding a new Code section to read as 211 follows: 212 "1-2-7.1. 213 (a) The General Assembly finds the following with respect to the application of an 214 individual's sex pursuant to any state law or rules and regulations: 215 (1) The term 'sex' refers to an individual's biological sex, either male or female. An 216 individual's sex can be observed or clinically verified at or before birth and in no case is 217 an individual's sex determined by stipulation or self-identification; 218 (2) With respect to sex, the term 'equal' does not mean same or identical; 219 (3) With respect to sex, separate accommodations are not inherently unequal; 220 (4) An individual born with a medically verifiable diagnosis of disorder or differences 221 in sex development shall be provided any available legal protections and 222 accommodations afforded under the federal Americans with Disabilities Act of 1990, 223 42 U.S.C. Section 12101 et seq., and any applicable state law; 224 (5) Laws, rules, and regulations that distinguish between the sexes are subject to 225 intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair 226 discrimination against similarly situated male and female individuals but allows the law 227 to distinguish between the sexes where such distinctions are substantially related to 228 important governmental objections; and 229 (6) Notwithstanding any provision of state law to the contrary, distinctions between the 230 sexes with respect to athletics, living facilities, locker rooms, domestic violence shelters, 231 rape crisis centers, restrooms, and other areas where biology, safety, or privacy are 232 implicated that result in separate accommodations are substantially related to the 233 H. B. 267 - 10 - 25 LC 49 2204 important governmental objections of protecting the health, safety, and privacy of 234 individuals in such circumstances. 235 (b) Any local school system, public school, or any state agency, department, or political 236 subdivision that collects vital statistics for the purpose of complying with 237 antidiscrimination laws or for the purpose of gathering accurate public health, crime, 238 economic, or other data shall identify each individual who is part of the collected data set 239 as either male or female at birth." 240 SECTION 4-2. 241 Said title is further amended in Code Section 1-3-1, relating to construction of statutes 242 generally, by revising paragraphs (4) through (6) of subsection (d) as follows: 243 "(4) Gender. The masculine gender includes the feminine and the neuter. 244 (5)(4) Joint authority. A joint authority given to any number of persons or officers may 245 be executed by a majority of them, unless it is otherwise declared. 246 (6)(5) Number. The singular or plural number each includes the other, unless the other 247 is expressly excluded. 248 (6) Sex. Masculine words shall include the feminine and neuter." 249 SECTION 4-3. 250 Said title is further amended in Chapter 3, relating to laws and statutes, in Code Section 251 1-3-3, relating to definitions, by adding multiple new paragraphs to read as follows: 252 "(7.2) 'Father' means a parent of the male sex. 253 (7.3) 'Female' means an individual who has, had, or will have the reproductive system 254 capable of the generation, migration, and utilization of eggs for fertilization, or would 255 have such capabilities but for a developmental or genetic anomaly or historical accident." 256 H. B. 267 - 11 - 25 LC 49 2204 "(9.1) 'Male' means an individual who has, had, or will have the reproductive system 257 capable of the generation, migration, and utilization of sperm for fertilization, or would 258 have such capabilities but for a developmental or genetic anomaly or historical accident. 259 (9.2) 'Man' means, except when used as a generic reference to human beings, an adult 260 human male." 261 "(11.1) 'Mother' means a parent of the female sex." 262 "(22.1) 'Woman' means a human female." 263 PART V 264 SECTION 5-1. 265 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code 266 Section 15-9-90, relating to forms for probate court and local alteration, by revising 267 subsection (b) as follows: 268 "(b) The rules adopted pursuant to subsection (a) of this Code section shall provide that the 269 forms so adopted may be altered locally in a particular petition or proceeding in such items 270 as grammar, gender usage sex terminology, the use of singular and plural nouns and 271 pronouns, the omission of optional or alternate language, the inclusion of variable 272 information such as names and addresses, and other nonmaterial ways." 273 SECTION 5-2. 274 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is 275 amended in Code Section 17-4-20.2, relating to bias crime report, requirements, use of 276 reports, and publication, by revising subsection (a) as follows: 277 "(a) Whenever a law enforcement officer investigates an incident of a crime in which it 278 appears there is reasonable suspicion to believe that the defendant intentionally selected 279 any victim or group of victims or any property as the object of the offense because of such 280 H. B. 267 - 12 - 25 LC 49 2204 victim's or group of victims' actual or perceived race, color, religion, national origin, sex, 281 sexual orientation, gender, mental disability, or physical disability, whether or not an arrest 282 is made, the officer shall prepare and submit to the law enforcement officer's supervisor or 283 other designated person a written report of the incident entitled 'Bias Crime Report.' Forms 284 for such reports shall be designed and provided by the Georgia Bureau of Investigation. 285 The report shall include: 286 (1) Names of the parties; 287 (2) Relationship of the parties; 288 (3) Sex and gender of the parties; 289 (4) Race of the parties; 290 (5) Religion of the parties; 291 (6) Dates of birth of the parties; 292 (7) Time, place, and date of the incident; 293 (8) Whether there is evidence to indicate that the incident occurred because of a person's 294 actual or perceived attributes as specified by subsection (a) of this Code section; 295 (9) Type and extent of the alleged violation; 296 (10) Existence of any objects or symbols associated with the terrorizing of persons based 297 upon actual or perceived race, religion, or sex; 298 (11) Number and types of weapons involved, if any; 299 (12) Existence of any prior difficulties between the parties; 300 (13) Type of police action taken in disposition of case; 301 (14) Whether the victim was apprised of available remedies and services; and 302 (15) Any other information the officer deems pertinent." 303 H. B. 267 - 13 - 25 LC 49 2204 SECTION 5-3. 304 Said title is further amended in Code Section 17-10-17, relating to sentencing of defendants 305 guilty of crimes involving bias or prejudice and identification of increased sentence, by 306 revising subsection (b) as follows: 307 "(b) Subject to the notice requirement provided in Code Section 17-10-18 and in 308 enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable 309 doubt that the defendant intentionally selected any victim or group of victims or any 310 property as the object of the offense because of such victim's or group of victims' actual or 311 perceived race, color, religion, national origin, sex, sexual orientation, gender, mental 312 disability, or physical disability, the judge imposing sentence shall: 313 (1) If the offense for which the defendant was convicted is a designated misdemeanor, 314 impose a sentence of imprisonment for a period of not less than six nor more than 12 315 months, and a fine not to exceed $5,000.00; or 316 (2) If the offense for which the defendant was convicted is a felony, impose a sentence 317 of imprisonment for a period of not less than two years, and a fine not to exceed 318 $5,000.00." 319 SECTION 5-4. 320 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 321 Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate 322 gender teams, equal athletic opportunity, physical education classes, employee designated 323 to monitor compliance, grievance procedures, and reporting requirements, by revising 324 subsections (a), (b), (c), (d), (e), and (j) as follows: 325 "(a) No student shall, on the basis of gender sex, be excluded from participation in, be 326 denied the benefits of, be treated differently from another student, or otherwise be 327 discriminated against in any interscholastic or intramural athletics offered by a local school 328 H. B. 267 - 14 - 25 LC 49 2204 system, and no local school system shall provide any such athletics separately on such 329 basis. 330 (b) Notwithstanding the requirements of subsection (a) of this Code section, a local school 331 system may operate or sponsor separate teams for members of each gender sex where 332 selection for such teams is based upon competitive skill or the activity involved is a contact 333 sport. However, where a local school system operates or sponsors a team in a particular 334 sport for members of one gender sex but operates or sponsors no such team for members 335 of the other gender sex, and athletic opportunities for members of that gender sex in that 336 particular sport have previously been limited, members of the excluded gender sex must 337 be allowed to try out for the team offered unless the sport involved is a contact sport. 338 Nothing in this subsection shall be construed to limit the authority of a local school system 339 to operate or sponsor a single team for a contact sport that includes members of both 340 genders sexes. As used in this subsection, the term 'contact sport' includes boxing, 341 wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or major 342 activity of which involves bodily contact. 343 (c) A local school system which operates or sponsors interscholastic or intramural athletics 344 shall undertake all reasonable efforts to provide equal athletic opportunity for members of 345 both genders sexes. In determining whether equal opportunities are available the following 346 factors shall be considered: 347 (1) Whether the selection of sports and levels of competition effectively accommodate 348 the interests and abilities of members of both genders sexes; 349 (2) The provision of equipment and supplies; 350 (3) Scheduling of games and practice time; 351 (4) Travel allowance; 352 (5) Opportunity to receive coaching and academic tutoring; 353 (6) Assignment and compensation of coaches and tutors; 354 (7) Provision of locker rooms and practice and competitive facilities; 355 H. B. 267 - 15 - 25 LC 49 2204 (8) Provision of medical and training facilities and services; and 356 (9) Publicity. 357 Unequal aggregate expenditures for members of each gender sex or unequal expenditures 358 for male and female teams if a local school system operates or sponsors separate teams will 359 not constitute noncompliance with this subsection, but the failure to provide essential funds 360 for the basic operations of teams for one gender sex may be considered in assessing 361 equality of opportunity for members of each gender sex. Nothing in Code Section 362 20-2-411 shall be construed to limit the authority of a local school system to expend school 363 tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in 364 order to comply with the requirements of this Code section. 365 (d) A local school system may provide separate toilet, locker room, and shower facilities 366 on the basis of gender sex, but such facilities shall be comparable to such facilities 367 provided for students of the other gender sex. 368 (e) This Code section does not prohibit the grouping of students in physical education 369 classes by gender sex." 370 "(j) The Department of Education may publish an annual report of local school systems 371 to include information regarding expenditures and participation rates for each gender sex 372 and such other information as the state board and department deem relevant." 373 SECTION 5-5. 374 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is 375 amended in Code Section 40-5-25, relating to applications, fees, provisions for voluntary 376 participation in various programs, by revising subsection (d) as follows: 377 "(d)(1) The General Assembly finds that it is in the best interest of this state to encourage 378 improved public education and awareness regarding anatomical gifts of human organs 379 and tissues and to address the ever increasing need for donations of anatomical gifts for 380 the benefit of the citizens of Georgia. 381 H. B. 267 - 16 - 25 LC 49 2204 (2) The department shall make available to procurement organizations or secure data 382 centers maintained and managed at the direction of a procurement organization 383 information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised 384 Uniform Anatomical Gift Act,' including the name, license number, date of birth, gender 385 sex, and most recent address of any person eligible pursuant to Code Section 44-5-142 386 who obtains an organ donor driver's license; provided, however, that the gender 387 information sex category information of either male or female shall be made available 388 only to a procurement organization or secure data center if such organization or center 389 has sufficient funds to cover the associated costs of providing such information. 390 Information so obtained by such organizations and centers shall be used for a state-wide 391 organ donor registry accessible to organ tissue and eye banks authorized to function as 392 such in this state and shall not be further disseminated." 393 SECTION 5-6. 394 Said title is further amended in Code Section 40-5-100, relating to personal identification 395 cards, contents, possession of more than one card prohibited, and optional contributions to 396 and participation in voluntary programs, by revising paragraph (2) of subsection (e) as 397 follows: 398 "(2) The department shall make available to procurement organizations or secure data 399 centers maintained and managed at the direction of a procurement organization 400 information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised 401 Uniform Anatomical Gift Act,' including the name, identification card number, date of 402 birth, gender sex, and most recent address of any person who obtains an organ donor 403 identification card; provided, however, that the gender information with respect to one's 404 sex shall be made available only to a procurement organization or secure data center if 405 such organization or center has sufficient funds to cover the associated costs of providing 406 such information. Information so obtained by such organizations and centers shall be 407 H. B. 267 - 17 - 25 LC 49 2204 used for a state-wide organ donor registry accessible to organ tissue and eye banks 408 authorized to function as such in this state and shall not be further disseminated." 409 SECTION 5-7. 410 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code 411 Section 44-5-158, relating to donor registry, by revising subsection (a) as follows: 412 "(a) The Department of Driver Services shall make available to procurement organizations 413 or secure data centers maintained and managed at the direction of a procurement 414 organization the name, license number, date of birth, gender sex, and most recent address 415 of any person who obtains an organ donor's license; provided, however, that the gender 416 information with respect to one's sex shall only be made available to a procurement 417 organization or secure data center if such organization or center has sufficient funds to 418 cover the associated costs with providing such information. Information so obtained by 419 such organizations shall be used for the purpose of establishing a state-wide organ donor 420 registry accessible to organ tissue and eye banks authorized to function as such in this state 421 and shall not be further disseminated." 422 SECTION 5-8. 423 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended 424 in Article 1 of Chapter 5 of Title 49, relating to children and youth services, by revising Code 425 Section 49-5-22, relating to voluntary pre-kindergarten programs to provide toilet facilities 426 screened for privacy, as follows: 427 "49-5-22. 428 (a) The General Assembly finds that just as gender separated toileting separated by one's 429 sex among nonrelatives is the norm among adults, children should be allowed the same 430 opportunity to practice modesty when independent toileting behavior is well established 431 H. B. 267 - 18 - 25 LC 49 2204 among the majority of their age group. Standardized adherence to this policy would 432 provide privacy, injury control, and sanitation. 433 (b) Each public or private voluntary pre-kindergarten program in this state which receives 434 state funding shall provide toilet facilities for the four-year-old pre-kindergarten age 435 children which it serves which are suitably screened for privacy. Nothing contained in this 436 Code section shall be construed to require a pre-kindergarten program to provide separately 437 constructed toilet facilities. 438 (c) The provisions of subsection (b) of this Code section shall not apply to any voluntary 439 pre-kindergarten program which provides separate and gender-specific male and female 440 toilet facilities for the children which it serves." 441 SECTION 5-9. 442 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 443 in Code Section 50-12-22, relating to membership, appointment, terms, chairperson, and 444 meetings, by revising paragraph (2) of subsection (b) as follows: 445 "(2) The council should be a balanced representation of the entire state, accounting for, 446 but not limited to, minority and ethnic groups, gender male and female diversity, 447 geographic diversity, large and small organizations, and the public and private sectors;" 448 SECTION 5-10. 449 Various titles of the Official Code of Georgia Annotated are amended by replacing "gender" 450 with "sex" wherever the former term appears in: 451 (1) Code Section 11-1-106, relating to use of singular and plural and gender; 452 (2) Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms; 453 (3) Code Section 13-10-91, relating to verification of new employee eligibility, 454 applicability, and rules and regulations; 455 H. B. 267 - 19 - 25 LC 49 2204 (4) Code Section 15-11-341, relating to written report to court and review hearing and 456 findings; 457 (5) Code Section 15-12-1, relating to definitions; 458 (6) Code Section 15-12-40.1, relating to state-wide master jury list, driver's license 459 information, list of registered voters, and random list of persons to comprise venire; 460 (7) Code Section 16-12-214, relating to study on minority and women participation; 461 addressing discrimination; 462 (8) Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, 463 or V controlled substance prescription and compliance; 464 (9) Code Section 19-13-30, relating to State Commission on Family Violence; 465 (10) Code Section 20-2-315, relating to gender discrimination prohibited, authorized 466 separate gender teams, equal athletic opportunity, physical education classes, employee 467 designated to monitor compliance, grievance procedures, and reporting requirements; 468 (11) Code Section 20-2-316, relating to involvement of athletic association in high school 469 athletics; 470 (12) Code Section 20-2-740, relating to annual report by local boards of education 471 regarding disciplinary and placement actions and annual study by the Department of 472 Education; 473 (13) Code Section 20-3-681, relating to compensation of athlete for use of name, image, 474 or likeness, scholarships are not compensation, and requirements for schools and athletes; 475 (14) Code Section 26-4-83, relating to patient record systems; 476 (15) Code Section 27-2-2, relating to issuance and sale of hunting, fishing and trapping 477 licenses, identification required, withdrawal of agents' authority to sell licenses, online 478 licensing system to allow making of anatomical gifts, and anatomical gift education and 479 awareness; 480 (16) Code Section 31-10-33, relating to procedure for stillbirth; 481 H. B. 267 - 20 - 25 LC 49 2204 (17) Code Section 33-20C-4, relating to information and searchable format for directories 482 and exclusion of dental plans; 483 (18) Code Section 33-24-59.7, relating to coverage for the treatment of morbidly obese 484 patients, short title, legislative findings, and adoption of rules and regulations by the 485 Commissioner; 486 (19) Code Section 33-24-91, relating to use of credit information to underwrite or rate 487 risks; 488 (20) Code Section 33-30A-4, relating to membership, cooperative's powers, duties and 489 responsibilities, fees, and annual reports; 490 (21) Code Section 35-3-161, relating to time and procedure for withdrawal of blood 491 samples; 492 (22) Code Section 37-2-5, relating to regional advisory councils - establishing policy and 493 direction for disability services, membership, bylaws, meetings, and expenses; 494 (23) Code Section 37-2-6, relating to community mental health, developmental disabilities, 495 and addictive diseases service boards - community service board creation, membership, 496 participation of counties, transfer of powers and duties, alternate method of establishment, 497 bylaws, and reprisals prohibited; 498 (24) Code Section 37-2-11, relating to allocation of available funds for services, recipients 499 to meet minimum standards, accounting for fees generated by providers, and discrimination 500 in providing services prohibited; 501 (25) Code Section 40-5-2, relating to keeping of records of applications for licenses and 502 information on licenses and furnishing of information; 503 (26) Code Section 43-11-11, relating to gathering of census data on practicing dentists and 504 dental hygienists and standard form; 505 (27) Code Section 43-18-46, relating to grounds for denial or revocation of license or 506 registration and other discipline; 507 H. B. 267 - 21 - 25 LC 49 2204 (28) Code Section 49-3-2, relating to appointment of county board members, terms, 508 vacancies, per diem and expenses, and role of county board; 509 (29) Code Section 49-3-3.1, relating to annual report from county director of department 510 of family and children services and personal appearance; 511 (30) Code Section 49-5-281, relating to bill of rights for foster parents and filing of 512 grievance for violations; 513 (31) Code Section 49-10-1, relating to the Board of Health Care Workforce, composition, 514 expense allowances, staffing, and advisory committees; 515 (32) Code Section 50-18-72, relating to when public disclosure is not required; 516 (33) Code Section 50-36-1, relating to verification requirements, procedures, and 517 conditions, exceptions, regulations, and criminal and other penalties for violations; and 518 (34) Code Section 51-14-3, relating to definitions. 519 PART VI 520 SECTION 6-1. 521 All laws and parts of laws in conflict with this Act are repealed. 522 H. 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