It is a violation of law for any individual or entity to provide scholastic cheating services to any student or examinee. These items include any assignment, essay, thesis, dissertation, report, examination, project, or other assessable part of a course of study assigned or otherwise given to a student or examinee for credit. Only the Attorney General may enforce violations of this Act. This Act does not prohibit tutorial services or certain other academically supportive services.

All publicly funded colleges and universities shall teach the history of the U.S. and Georgia, along with the essentials of both the U.S. and Georgia Constitution; and no undergraduate student in any college or university shall graduate or receive a degree without successfully completing course work or previously passing a satisfactory examination on these items.

The statutes associated with this Act set forth that the State Workforce Development Board shall collaborate with the USG among other departments to:

• Develop a list of careers to include on the High-demand Career List. The list shall include skills, certificates, degrees and credentials required by employers for the listed careers, and be published on the USG website.
• Develop a return on investment methodology which is used to evaluate and report on the effectiveness of postsecondary programs aligned with High-demand Career List. The evaluation and report shall include the percentage of program graduates employed and wage growth; comparison of graduates' wages to various benchmarks; the extent to which skills, degrees, and credentials offered by USG align with the High-demand Career List; the percentage of students obtaining those credentials; and generally transparent information.

The Act requires postsecondary educational institutions to designate all teams operated or sponsored by such entities as male or female. The Act prohibits males from participating in interscholastic and intercollegiate competition on teams designated as female, and females from participating in interscholastic and intercollegiate competition on teams designated as male unless a corresponding team designated female is not offered or available.  The Act requires that such entities make available multiple occupancy restrooms, changing areas, and sleeping quarters which are designated for exclusive use by males or females.  The Act provides for reasonable accommodations.  The Act prohibits certain postsecondary institutions from hosting or sponsoring intercollegiate competitions that do not meet such requirements. The Act prohibits such postsecondary institutions from awarding to males scholarships which were intended for females. The Act provides for complaints, investigations, and sanctions in cases of noncompliance; and provides for a private cause of action for individuals harmed by such noncompliance.  

The BOR shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by USG institutions, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions shall be prescribed and regulated by the BOR but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000.00 received.

It shall be the BOR's duty to receive, approve, and disapprove all applications for scholarships; to contract and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose.

The funds necessary to provide for the program of scholarships authorized by this part shall come from funds appropriated or otherwise made available to the BOR for such purposes.

No funds may be made available for expenditure until the budget unit has filed a request for allotment of appropriations with the Office of Planning and Budget (OPB), and the request for allotment has been approved by the Governor. 

All expenditures by the state and its budget units of moneys drawn from the state treasury shall be made under the authority of appropriations Acts, which shall be based upon a budget; and no money shall be drawn from the treasury except by appropriation made by law pursuant to Article III, Section IX, Paragraph I of the Constitution of Georgia.

No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized.

At the end of each fiscal year, the amount of each appropriation, except for the mandatory appropriations required by the Constitution of Georgia, remaining unexpended and not contractually obligated in writing shall lapse and cease to be available.

Each strategic plan developed by each department, institution, etc. of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; all efforts to decentralize its administrative and operational functions; and all other items as the OPB may deem necessary.

No funds may be made available for expenditure until the budget unit has filed a request for allotment of appropriations with the Office of Planning and Budget (OPB), and the request for allotment has been approved by the Governor. 

All expenditures by the state and its budget units of moneys drawn from the state treasury shall be made under the authority of appropriations Acts, which shall be based upon a budget; and no money shall be drawn from the treasury except by appropriation made by law pursuant to Article III, Section IX, Paragraph I of the Constitution of Georgia.

No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized.

At the end of each fiscal year, the amount of each appropriation, except for the mandatory appropriations required by the Constitution of Georgia, remaining unexpended and not contractually obligated in writing shall lapse and cease to be available.

Each strategic plan developed by each department, institution, etc. of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; all efforts to decentralize its administrative and operational functions; and all other items as the OPB may deem necessary. 

After the Office of the State Treasurer (State Treasurer) has held unclaimed cash for six months, the State Treasurer shall pay such cash assets to the University System of Georgia Board of Regents, to be held without liability for profit or interest until a claim for the cash is filed with the State Treasurer by the entitled party.

This statute sets forth criteria for classifying students - including dependents, independents, homeless persons, noncitizens, and eligible noncitizens - as in-state for tuition purposes.

Athletic associations of the university system are corporations, incorporated under charter by the superior court of the county in which each association is located or as otherwise incorporated pursuant to the laws of Georgia. The Board of Regents (BOR) is authorized and directed to make the necessary agreements for the use by the associations of any property, equipment, or facilities belonging to the state or the BOR and to fix the amount of compensation to be charged for their use.

Any medical facility, fire station, or police station is required to post a sign to inform the general public that such facility is an authorized location to leave a newborn child. The Department of Human Services shall provide by rule and regulation the size and type of such sign and where such sign should be located within or outside of such facility.

These statutes sets forth that:

• A campus policeman must be certified by the Georgia Peace Officer Standards and Training (POST) Council as having met the qualifications and completed the basic training requirements for a peace officer under Article 2 of Chapter 2 of Title 35 before exercising law enforcement powers. All costs incurred in such certification and training shall be paid by the educational facility employing the campus policeman. This chapter is permissive and shall not require the certification of campus policemen by the Georgia POST Council. The certification of a campus policeman by the POST Council does not require that the campus policeman so certified exercise the powers provided in Code Section 20-8-2.
• University police officers are authorized to make arrests for violations of state law and city ordinances, obtain and execute search warrants, and enforce the traffic laws.
• The jurisdiction of campus policemen and other security personnel of the university system as defined by Georgia law is the campus proper plus 500 yards. The officers can operate beyond the 500 yard limit under the following conditions and still retain their full police authority:
• The officers can leave campus if they are in hot pursuit of an individual they believe has just committed a crime on campus.
• The University enters into mutual aid agreements with the city and county. Under these agreements, University police officers can operate off campus when requested by the City or County to assist them.
• The University Police operate under the authority of the BOR of the USG. As employees of the  BOR, the officers are authorized by law to serve on any campus under the Regents' control and retain their full authority.

University System of Georgia institutions which employ campus policemen, shall report to the Georgia Bureau of Investigation (GBI) and local law enforcement agencies incidents of criminal gang activity which occur on or adjacent to the campus, as defined by Code Section 16-15-3.

Law enforcement records created, received, or maintained by campus policemen that relate to the investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to protection from disclosure by any other Georgia law, shall be made available within a reasonable time after request for public inspection and copying.

This statute sets forth the definition for trafficking and also requires all state government entities to post information about human trafficking:

1. In government buildings
2. A link on the state agencies homepage regarding human trafficking 

Every case of a burn injury or wound which is likely to or may result in death or where the victim sustained second-degree or third-degree burns to 5 percent or more of the body or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air, shall be reported at once to the Safety Fire Division of the office of the Commissioner of Insurance. 

Every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer’s recommendations and listing. Every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery operated smoke detector which shall be maintained in good working order.

This statute sets forth the requirements for the retention of video recordings from law enforcement body-worn devices or devices located on or inside of law enforcement vehicles. The statute sets a minimum period for retention of 180 days and other requirements to include exceptions for when retention is required for longer periods of time, duty to redact, evidentiary presumptions and fees for copying.

This statute sets forth that Georgia law bans individuals in student organizations, including fraternities and sororities, at colleges, universities, and technical schools from subjecting students, as a condition of membership or status, from performing any act that could endanger their physical health or from coercing them into consuming food, alcohol, or drugs that could result in vomiting, intoxication, or unconsciousness. 

An individual commits hazing by subjecting an enrolled student or prospective enrolled student to perform an activity in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a student organization, that “endangers” or is “likely to endanger” his or her physical health or "coerces” the student through the use of “social or physical” pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the individual to a likely risk of vomiting, intoxication, or unconsciousness  regardless of a student’s willingness to participate in such activity.

Any person who commits hazing is guilty of a misdemeanor of a high or aggravated nature, which may result in a $5,000 fine and up to one year in jail.

This statute sets forth that any staff member exercising in loco parentis control over a child under the age of 18 years who has reasonable cause to believe that the child is habitually using in an unlawful manner any controlled substance or marijuana shall report such information to the child’s parents and a child welfare agency providing protective services, as designated by the Department of Human Services.

Every licensee shall have their driver’s license in their possession at all times when operating a motor vehicle. Any person who, in their immediate possession, has a receipt issued by the Department of Driver Services (DDS) reflecting issuance, renewal, replacement, or reinstatement of their driver’s license shall be considered to have their license in their immediate possession if it is confirmed to be valid by the DDS or the Georgia Crime Information Center. The license must be provided upon the demand of a law enforcement officer. When DDS records indicate that the individual has a license in an electronic format, the law enforcement officer shall accept the license on a wireless device as satisfactory proof of compliance with this Code. A licensee shall not be compelled to display an electronic format of their license when they display the physical license. Any person using a wireless device to display their license in an electronic format shall not be considered to have consenting to a search of the device. No person shall be compelled to release their wireless device to a law enforcement officer pursuant to this Code section.

Any USG student convicted of a felony involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be suspended from the institution in which such person is enrolled. Except for cases in which the institution has previously taken disciplinary action against a student for the same offense, such suspension shall be effective as of the date of conviction, even though the educational institution may not complete all administrative actions necessary to implement such suspension until a later date. The suspension shall continue through the end of the term, quarter, semester, or other similar period for which the student was enrolled as of the date of conviction, and shall forfeit credit for such term, quarter, semester, or other similar period. Nothing prohibits any institution from establishing and implementing additional sanctions for felony offenses involving the aforementioned conduct. The administrative procedures for implementation of this Act shall be promulgated by the BOR of the USG. Such procedures shall provide for relief from sanctions previously imposed against a person whose conviction is subsequently overturned on appeal or through collateral relief.

In any case of a person who is not a student, officer or employee of the USG and is not required by their employment to be on campus or at a institution facility, and enters such locations and it reasonably appears to the institution President, their designee, or designee of the BOR that the individual is likely to interfere with the peaceful conduct of the campus or facility, or has entered the campus or facility to commit such an act, the institution President, their designee or BOR designee may direct the person to leave the campus or facility. If the person fails to leave, they shall be guilty of a misdemeanor.

Public employers shall not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;
(B) The user identification number and date of authorization for the affiant;
(C) The affiant will continue to use the federal work authorization program throughout the contract period; and
(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information.

Employees of state hospitals and certain state institutions are authorized to make purchases of goods and services through hospitals and state institutions for themselves and their immediate family. The single purchase amount, except for medical and dental services, can be no greater than $50.00.

Vendors making gifts to public employees, which in the aggregate exceed $250.00 during any calendar year, must file a disclosure report with the State Ethics Commission by February 1.

Public contractors who introduce hazardous materials into the workplace shall have a statement in bids, agreements, and contracts, etc., that the contractor is responsible for complying with this chapter. Public contractors must comply with the code and shall provide material safety data sheets, handling and disposal instructions, and emergency procedures.

Any employee may request in writing and shall have the right to examine and obtain the safety data sheets for the hazardous chemicals to which he or she is, has been, or may be exposed. 

This statute sets forth that all state government entities, upon request by the Department of Administrative Services (DOAS), provide DOAS with their estimates and inventories of all supplies, materials, and equipment needed, on hand, or that will be required in the future.

This statute sets forth that the institution or other entity to the state shall have power to purchase in the open market any necessary supplies, materials, services, or equipment in case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor.

This statute sets forth the requirements for State Agencies who utilize State of Georgia Purchasing Cards to include the following: 

• Establishing a Purchasing Card program
• Restricting use to employees whose job duties require the use of the purchasing card, and prohibiting card issuance to foundation employees
• Prohibited purchases
• Maximum charge amounts
• Documentation and review requirements
• Background check and training requirements
• Supervisory responsibilities
• Civil and criminal penalties for misuse

This statute sets forth that it shall be unlawful for any person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made.

This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education.

The Board of Regents (BOR) is authorized, as owner of such projects as it may construct, to lease such projects for terms not exceeding 50 years from the date of execution. The BOR is authorized to fix rentals and other charges which the lessees shall pay to the BOR for the use of each project, to charge and collect them, and to lease and make contracts with lessees with respect to the use of such lessees of any project. 

These statutes set forth that contracts over $100,000 shall be awarded by competitive sealed bidding. If the total purchase of any commodity will exceed $250,000, then the sealed bids shall be solicited in the Georgia Procurement Registry and may be solicited in a statewide newspaper at least 15 calendar days prior to the opening bid date and the awarding of the contract, except for construction projects which shall be solicited in the newspaper 30 calendar days prior to bidding and awarding. DOAS is to solicit sealed bids from reputable suppliers in all cases where the total requirement will exceed $100,000.00. When competitive sealed bidding is either not justified or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the conditions cited in this Code section.

On all bids or proposals, except in cases provided for in O.C.G.A. § 50-5-58, the following certificate of independent price determination shall be used “I certify that this bid, offer, or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid, offer, or proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, offer, or proposal and certify that I am authorized to sign this bid, offer, or proposal for the bidder or offeror.”

If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $25,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be executed without competitive bidding. In order to assist and advise the Department of Administrative Services Commissioner in making determinations to allow state entities to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of various state executives, including the University System of Georgia Chancellor or their designee.

The state shall not enter into a contract valued at $100,000.00 or more with a company for construction or for services, supplies, or information technology unless the contract includes a written certification that the company is not boycotting Israel, and agrees they will not engage in a boycott of Israel for the duration of the contract.

Any supplier that has, or has had within the last three years, any business activities or other operations outside of the United States must certify that it is not a "scrutinized company". A "scrutinized company" is one conducting business operations in Sudan involving power production, mineral extraction, oil-related activities, or the production of military equipment, but excludes a company which can demonstrate any of the exceptions noted in this Code section. Suppliers will be prompted to certify their status as part of the bidding process. If the supplier is a scrutinized company, the supplier shall not be eligible to bid on or submit a proposal for a contract with the state entity unless the State Purchasing Division makes a determination that it is in the best interest of the state to permit the scrutinized company to submit a bid or proposal.

This statute prohibits purchasing concerned goods from a foreign company of concern, a foreign country of concern, or a third-party vendor or reseller.  
- Concerned goods are goods and services produced by a foreign company of concern which the Georgia Technological Authority deems a security threat.
- A foreign company of concern are entities owned by or organized in a foreign country of concern.
- A foreign country of concern is a country whose government is designated as a foreign adversary by the U.S. Secretary of Commerce. As of November 2025, these countries are:
   (1) The People's Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region (China);
   (2) Republic of Cuba (Cuba);
   (3) Islamic Republic of Iran (Iran);
   (4) Democratic People's Republic of Korea (North Korea);
   (5) Russian Federation (Russia); and
   (6) Venezuelan politician Nicolás Maduro (Maduro Regime).

This statute sets forth that contracts shall not contain a term that:
(1) Requires the state to:
- Defend, indemnify, or hold harmless another person; or
- Be bound by terms and conditions that are unknown at the time of signing the contract or which may be unilaterally changed by the other party;
(2) Provides for:
- A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section 50-21-1;
- The contract to be construed in accordance with the laws of another state;
(3) Has binding arbitration; or
(4) Has an automatic renewal which oblates state funds in subsequent fiscal years; or
(5) Is inconsistent with open records requirements.
 
If a contract contains one of this statute's prohibited terms, then that term shall be void, and the contract shall be otherwise enforceable as if it did not contain that term.

Whenever any state government entity shall contract for the purchase of supplies, materials, or equipment contrary to this Code, or the associated rules and regulations, such contract shall be void. If any official of the state entity willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this Code or the associated rules and regulations, such official shall be personally liable for the cost of those items. If those supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount of those items may be recovered in the name of the state.

This statute exempts purchases made by the University System of Georgia and its institutions from State Sales and Use Tax.

The Statewide Purchasing Card Policy serves as the Policy for the P-Card Program on a statewide level and is not designed to be specific to an individual State Entity in all areas. Each State Entity must develop its own internal policy to address areas that the Statewide Purchasing Card Policy cannot and does not address. The Card Program Administrator in conjunction with the Entity CFO must evaluate the internal policy at least annually.

Imposing spending limits enables management to provide cardholders with the purchasing power to accomplish the needs of the job without exposing the State or the State Entity to unnecessary risk. Spending limits should be based on job responsibilities. Cardholder spending limits must be reviewed at least annually to determine if actual usage is consistent with spending limits and increases with SPD approval or decreases made as needed. Cardholders are prohibited from splitting a single purchase between one or more cards or a card transaction and a purchase order to circumvent the card’s Single Transaction Limit and/or bid requirements. If needed, the State Entity’s Card Program Administrator may use the Special Approval Request, Form SPD-PC003, to request prior, written approval.

All purchases made through the program must be for official State business. Internal policies governing use of the accounts can be more, but not less, restrictive than the Statewide Purchasing Card Policy. Use of the card cannot violate other laws or policies. Only the employee whose name appears on the face of the card is authorized to initiate transactions with the card. Use of the card by any other person, even if the purchase is for legitimate State business, is considered misuse of the card.

The P-Card and other accounts can be used for official purchases of supplies, materials, equipment, or services where not otherwise prohibited or restricted. All purchases must be within assigned spending limits unless prior written approval is received to exceed those limits. Allowable purchases include:
1. Goods and services used in the furtherance of a State Entity’s mission. For more information on services, see Statewide Purchasing Card Policy (P-Card Policy) Section 2.8 E-Verify.
2. Purchases of goods or services intended for official State of Georgia work-related use that are not otherwise excluded by P-Card Policy Section 8.2.3 Prohibited Purchases.

This P-Card Policy section lists restrictions on what are allowable P-card purchases, including travel-related expenses, equipment, software, and food/meals. Regarding equipment, this section states that BOR colleges and universities have a P-card single transaction limit of $3,000 per unit including freight. 

This P-Card Policy section also lists what purchases are strictly prohibited, including, personal purchases, gift cards, certain employee travel expenses, entertainment (except for student activities at University System of Georgia institutions or for items purchased for resale at the bookstore), tobacco products, and fuel.

At times, an emergency purchase must be made to prevent a significant disruption in operations, to protect health and safety, or to address immediate or unforeseen circumstances requiring prompt action. This can include, but is not limited to, repairs to essential equipment, procurement of safety or personal protection gear, or immediate need for services to restore infrastructure functionalities. Purchasing Card Administrators are permitted to allow these transactions and to waive other Statewide Purchasing Card Policy requirements. Additionally, prohibited merchant category codes (MCC) may be authorized for emergency purposes at the discretion of State Purchasing Division (SPD). Program Administrators can make these requests using the Special Approval Request, Form SPD-PC003. The Program Administrator must submit the Form SPD-PC003, Special Approval Request, to notify the SPD within 72 hours after any actions taken in response to these emergencies and the nature of the actions taken. Key personnel responsible for implementing a State Entity’s response to emergencies must know how to contact the State Entity’s College or University Procurement Officer, the Card Program Administrator, and the back-up Card Program Administrator.

Immediately report all fraudulent charges that appear on the statement to Bank of America and the entity’s purchasing card administrator. The administrator is responsible for immediately reporting all fraudulent charges to the State Purchasing Card Program Manager. Program administrators can contact the State Purchasing Division’s purchasing card team for additional assistance if needed in cases of fraud by emailing cardprograms@doas.ga.gov.

Each Agency Head or College and University President of a State Entity participating in the Card Program is responsible for reviewing and approving the Entity’s P-Card Plan and all amendments prior to submission to the State Purchasing Division. Agency Heads and College and University Presidents cannot be issued a P-Card.

Each State Entity participating in the Card Program is required to have an approved P-Card Plan. Items required in the Card Plan must include but are not limited to the following:

• Justification of need for each cardholder or job class.
• Justification of need for point-of-sale purchases based on job requirements.
• A scenario of card distribution that meets the statutory requirement of a maximum of 100 cards.
• Establish time limits for determining when to cut off or cancel dormant cards based on job requirements.
• Establish spending limits (with appropriate waiver requests) based on job requirements and business model.
• An overview of internal controls surrounding card use.
• Establish approval chain for each cardholder.

Amendments must be submitted for approval as business needs change. All P-Card Plans and subsequent amendments must be reviewed and approved by the Agency Head or College and University President and submitted to the Department of Administrative Services for approval. Compliance audits will be conducted against the plan.

The Card Program Administrator serves as the main point-of-contact for all card program personnel and serves as a liaison between State Entity management, State Entity Chief Financial Officer, the State Purchasing Division (SPD), and other card program personnel. In some cases, responsibilities may be shared and/or delegated to a Card Program Coordinator.

The State Entity must provide a Designation of Card Program Administrator, Form SPD-CC001, and the Card Program Administrator Acknowledgement form to the SPD within 30 days of any changes in Administrators or Coordinators if the coordinator serves as a point of contact with SPD. Information on all official Program forms and how they are to be used can be found on the SPD website: https://doas.ga.gov/state-purchasing/statewide-card-program/purchasing-cards

Per the State Accounting Office (SAO), the purchasing card (p-card) may be used as the method of payment for unplanned, non-routine, or urgent point of sale purchases under $1,000 and for purchases under $5,000 that are preapproved and go through the requisition process prior to completing the purchase. Point of sale transactions include purchases made at a physical store, in person, online, or over the phone. This policy can be found on the SAO website at www.sao.georgia.gov. The P-Card Program is the only charge card program authorized for use by units of the University System of Georgia. All official forms mentioned in this Policy are on the State Purchasing Division (SPD) website at https://doas.ga.gov/state-purchasing/statewide-card-program/purchasing-cards. The versions on the website will always be the latest versions. Each Entity is responsible for implementing a P-Card policy and ensuring compliance with that policy. Any questions related to appropriate use of the P-Card, Georgia law governing the use of the P- Card, or this Policy can be sent to cardprograms@doas.ga.gov.

Cardholders are limited to one active P-Card. Administrators, including backups and coordinators, and Approvers must be permanent, part-time, or full-time, State employees. Cardholders must be permanent, part-time, or full-time, State employees whose jobs require the use of a P-Card or other account. State Entities may include additional restrictions if desired. There will be no exceptions to the following:

• According to O.C.G.A. §50-5-83, neither cards nor accounts will be issued to employees of foundations associated with any State Entity. This includes student employees, temporary workers (e.g., hired from a temporary staffing agency), or contractors (e.g., person hired for a pre-determined period for a specific project). Use of the card by a State Entity employee when foundation funds will be used is prohibited.
• Cards and other accounts will not be issued in the name of a department or work unit (e.g., Facilities Maintenance) to be shared by multiple employees.
• Only the employee whose name is shown on the face of the card is authorized to make purchases with the card, either in person, on-line, or telephone. Use by any other person, even if for State business purposes, is considered misuse of the card. This restriction does not apply to requestors in Team Georgia Marketplace who are assigned to a cardholder for eProcurement purchases. At a minimum, an employee’s supervisor, the Entity’s Card Program Administrator and the Entity’s Chief Financial Officer (CFO) must approve a cardholder’s application for a P-Card or other account as well as renewals of existing accounts. The appropriate P-Card application form is the Purchasing Card Profile, Form SPD-PC002, found on the SPD website at https://doas.ga.gov/.
• The CFO, Card Approvers, and potential cardholders must meet all training requirements as described in this Policy. Approver and cardholder training must be completed prior to receiving the P-Card or obtaining access to an account number.

All procurement laws in the O.C.G.A., and administrative rules found in the Georgia Procurement Manual apply to the use of the P-Card. Cardholders, program users, Chief Financial Officers or supervisors/approving officials who knowingly, or through willful neglect, fail to comply with the following may be subject to suspension or termination of account privileges or other disciplinary action, up to and including termination of employment and criminal prosecution to the fullest extent of the law.

• O.C.G.A. sections related to governmental purchasing
• Applicable requirements of the Georgia Procurement Manual
• Statewide Purchasing Card Policy
• State Entity policies and procedures governing procurement and the Purchasing Card Program.

The State Purchasing Division reserves the right to withdraw any authority or delegated approval due to non-compliance with applicable laws, rules, regulations, policies, and procedures, or the terms of any conditional approval.

Cardholders and other program personnel are prohibited from using the P-Card for the purchase of any goods or services not directly or indirectly related to official State of Georgia business. Intentional use of or approval for the use of the card for personal purchases will result in disciplinary action, up to and including termination from State employment and criminal prosecution. See O.C.G.A. § 50-5-80 regarding criminal penalties for any person who knowingly uses state funds for personal purchases. Supervisors or other approving officials who knowingly, or through willful neglect, approve personal or fraudulent purchases are subject to the same disciplinary actions as those making the purchases.

O.C.G.A. § 50-5-83 requires criminal background checks on all employees hired for positions that are eligible for P-Cards. Although State Entities are not required to run background checks on cardholders at the time of card renewal, this practice is highly recommended.

In addition to background checks for all cardholders, O.C.G.A. §50-5-83 requires credit checks on all employees issued a purchasing card. Credit checks must be conducted through existing Statewide contract suppliers and procedures, including standardized reports that indicate acceptance or denial of the employee’s request for a card based on predefined criteria. Each entity must establish an escalation path for denials to provide potential cardholders an opportunity to dispute inaccurate data found on the credit report. Additionally, credit checks must be run at the time of account renewal.

O.C.G.A. § 48-8-3 exempts purchases made by Agencies, Universities, Colleges, and Technical Colleges from State Sales and Use Tax when payment is made with appropriated funds. Cardholders must present the Department of Revenue Sales and Use Tax Exemption, Form ST-5, to suppliers upon request. This form is available on the Department of Revenue website at http://dor.ga.gov by searching for ST-5. The requirement for out-of-state suppliers to charge Sales and Use Tax on shipments to purchasers in the State of Georgia does not apply to tax-exempt State Entities. To avoid confusion, the cardholder must provide out-of-state suppliers with a copy of the ST-5 prior to placing an order to be shipped into the State of Georgia. If the supplier refuses to remove taxes, the cardholder must make the purchase from a different supplier whenever possible. If a supplier refuses to remove taxes and no other suppliers are available to make the purchase, the taxed amount must be itemized on the invoice in currency, not percentages. Cardholders are responsible for ensuring that suppliers do not charge tax or provide a credit for inadvertent charges.

The University System of Georgia maintains the official Records Retention Schedule for the State of Georgia. This information is available at http://www.georgiaarchives.org/records/retention_schedules. Documents related to transactions (e.g., receipts) are accounting records and must be maintained according to the requirements of Accounts Payable Files. Documents related to the issuance of accounts to employees (e.g., profile forms) are accounting records and must be maintained according to the requirements of Credit Card Administration Records.

The Georgia Security and Immigration and Compliance Act, O.C.G.A. § 13-10-91, requires suppliers to file an affidavit that the supplier and its subcontractors have registered and participate in the federal work authorization program known as E-Verify. This program is intended to ensure that only lawful citizens or lawful immigrants are employed by the supplier or subcontractor.

All State entities are required to obtain the signed and notarized E-Verify affidavit (see Georgia Security and Immigration and Compliance Act, O.C.G.A. § 13-10-91) from suppliers prior to entering into any service contract $2,500 or greater involving the supplier’s physical performance of services within the State of Georgia. The State of Georgia Attorney General’s Office has interpreted this to include one-time P-Card transactions for services. For P-Card transactions that meet this definition, the cardholder or another person within the State Entity is responsible for ensuring receipt of this affidavit. A copy of this affidavit must be included with all transaction documentation, including uploading a PDF version to Team Georgia Marketplace, if applicable.

Select exemptions from the State Purchasing Act:

• BOR Construction/Public Works Contracts as defined by DOAS GPM Section 1.3.6.1.-Construction or Public Works. NOTE: This exemption does not include a purchase limited to construction or building materials (i.e. a "materials only" contract). In addition, this does not preclude BOR from utilizing SPD’s statewide contracts.
• Land Grant Universities' Agricultural Purchases pursuant to the Hatch & Smith-Lever Acts.

That State Purchasing Division’s (SPD) role in state government contracting requires a partnership with several other entities of the executive branch of the state government. The University System of Georgia's (USG) Georgia Archives provides resources which are relevant to the state’s procurement process, such as information concerning policy governing retention of state government records.

The Georgia Procurement Registry (GPR) is a public listing of solicitations posted by Georgia government entities. State entities are required to publicly advertise solicitations using the GPR.

This rule acknowledges that a state entity’s receipt of federal funds or other factors may require the application of federal law. Although the applicability of federal law does not negate the requirements of the State Purchasing Act, the College or University Procurement Officer must contact the State Purchasing Division for assistance in resolving any conflict between applicable federal law and the State Purchasing Act. Federal and/or private grant funds are not exempt from the State Purchasing Act. The rules of competitive bidding still apply.

If the procurement professional determines that the needed good/service is not exempt from the State Purchasing Act or the competitive bidding requirements have not been waived, the next key question is whether a current contract exists to satisfy the purchasing need or whether the procurement professional will need to conduct a sourcing event. To answer this question, the procurement professional must follow the Order of Precedence, beginning with Tier 1 mandatory statewide contracts to Tier 2 (existing state entity contracts), Tier 3 (statutory sources), and continuing to Tier 4 (convenience statewide contracts, GEPS products, piggyback purchases, open market), as defined in in the Georgia Procurement Manual. Compliance with the order of precedence is mandatory.

Emergency purchases shall not violate Georgia law, the Governor’s Code of Ethics, the Georgia Procurement Manual, or any other applicable rules. The College and University Procurement Office (CUPO) should consult with the State Entity's designated Ethics Officer regarding any potential conflicts of interest, financial interest, or other ethical concerns arising before or after the emergency purchase. 

• If an emergency purchase requires prompt but not immediate action, the CUPO should make reasonable efforts to identify possible conflicts of interest prior to the emergency purchase.
• If the emergency purchase requires immediate action, the CUPO should make reasonable efforts to identify possible conflicts of interest after the emergency purchase. The CUPO may satisfy this requirement by contacting the State Entity’s Ethics Officer and confirming no business relationship or other possible conflict of interest has been reported by a staff member of the State Entity regarding the selected supplier.
• If no efforts were made to identify possible conflicts of interest prior to the emergency purchase, the CUPO should document the circumstances for not doing so via SPD-NI004 Emergency Justification Form. The CUPO and the State Entity’s Business Owner (institution department and individual associated with the purchase) must also complete a conflict-of-interest acknowledgement of compliance as part of that process. After the emergency purchase has occurred, the State Entity’s Chief Financial Officer (CFO) must sign SPD-NI004 Emergency Justification Form to approve the emergency circumstance. The CFO may delegate review and approval of the emergency circumstances of emergency purchases to a designated individual approved by the State Purchasing Division (SPD). Requests for approval of the CFO’s designee may be sent to SPD at process.improvement@doas.ga.gov.
• If the State Entity’s Ethics Officer determines an actual conflict of interest exists related to an emergency purchase, the State Entity must either document in writing how the conflict of interest can be mitigated (if possible) or obtain the urgently needed supplies or services from another supplier.
• If the conflict of interest cannot be mitigated and the purchase has already occurred, the purchase order or contract may be subject to termination. In this situation, the CUPO must contact SPD as soon as possible at process.improvement@doas.ga.gov. The State Entity that fails to comply with these requirements may be subject to corrective action, including, but not limited to, the reduction of the State Entity’s delegated purchasing authority by SPD or other corrective measures.

In the event of an emergency purchase, the College or University Procurement Officer (CUPO) must provide the State Purchasing Division (SPD) with written notice and justification by completing form SPD-NI004 Emergency Justification Form.

The College or University Procurement Officer (CUPO) must coordinate with the Department of Administrative Services' (DOAS) Surplus Property Division prior to selling, transferring or otherwise disposing of surplus property. State entities interested in acquiring existing surplus property should contact the Surplus Property Division to determine the availability of the surplus property.

The Department of Administrative Services’ (DOAS) Surplus Property Division (Surplus Division) is authorized and has the duty to dispose of state entities’ surplus property. In the event the College or University Procurement Officer (CUPO) desires to trade in used equipment in the procurement of similar new equipment, the CUPO must request prior written approval from the Surplus Division. Upon receipt of such approval, the state entity may include the trade-in of used equipment in the procurement of new equipment. The CUPO should follow normal procurement procedures. To assist the Surplus Division in its determination of whether the proposed trade-in should be approved, the CUPO should list the used equipment and provide detailed information of the equipment. It is recommended that the equipment to be traded in be listed separately to allow the state entity the option of accepting the trade-in value offered by the supplier or not.

No state entity may purchase a motor vehicle without prior written approval of the Department of Administrative Services' (DOAS) Fleet Management Division. This prior written approval is required even if the College or University Procurement Officer is utilizing an existing statewide or state entity contract to acquire the motor vehicle.

This rule stipulates that while suppliers are permitted to market goods and services directly to state entities, suppliers should be mindful that strict communication limitations are imposed when a state entity is involved in an active solicitation. A supplier’s violation of the communication limitations can lead to disqualification of the supplier and/or other disciplinary action by the State Purchasing Division, such as suspension or debarment.

This rule sets forth that all contracts are solicited and awarded on the basis of good faith. Suppliers interested in winning state contracts must actively participate in the procurement process and must not attempt to interfere with the procurement process or the lawful award of state contracts. Attempts to sell products or services to state entities outside of the procurement process through sales pressure or any other aggressive tactics are not permitted and may result in disciplinary action by the State Purchasing Division, including, but not limited to, terminating the supplier’s registration with Team Georgia Marketplace.

This rule expresses that all procurement professionals play an important role in ensuring needed goods and services are procured in an efficient and economical manner while gaining and retaining public trust and confidence. Each procurement professional is responsible for developing contracts at competitive prices to avoid waste and deliver the best value to the employer and Georgia citizens.

The procurement professional should avoid any actions, relationships, or business transactions that conflict with the lawful interests of the employer or otherwise create conflicts of interests that taint the procurement process and the reputation of the state entity and the state of Georgia. All professionals must comply with the employer’s guidelines with respect to reporting outside employment.

The procurement professional must not, at any time or under any circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from suppliers which might influence or appear to influence purchasing decisions. The procurement professional must comply with the employer’s gift policy and be mindful of the Governor’s Executive Order with respect to the receipt of personal gifts, favors or gratuities. The procurement professional should also be mindful of any other applicable standards or restrictions, such as policy or directives accompanying the receipt or use of grants.

This rule states that collusion or conspiracy in restraint of free and open competition in transactions with the State of Georgia is prohibited by Georgia law O.C.G.A. § 16-10-22. Georgia law requires that a certification of the supplier’s compliance with this law must be signed for the supplier’s bid/proposal to receive consideration for contract award. The certification requirement is discussed in further detail in the Georgia Procurement Manual's Chapter 3 part on Solicitation Preparation. If collusion or other anti-competitive practices are suspected among any suppliers, notice of relevant facts shall be submitted by the State Purchasing Division to the Attorney General.

Solicitations will be publicly advertised as required by the provisions of the Georgia Procurement Manual. O.C.G.A. § 50-5-67(d)(5) delays the release of certain procurement records in the event the public disclosure of those records prior to the state entity’s public announcements of the results of a solicitation would undermine the public purpose of obtaining the best value for the State of Georgia. Examples of this include cost estimates, proposals/bids, evaluation criteria, evaluation of suppliers, negotiation documents, offers and counteroffers and certain records revealing preparation for the procurement.

State entities are allowed to assess a reasonable charge to defray the cost of producing documents in accordance with the Georgia Open Records Act (O.C.G.A. Sections 50-18-70 through 50-18-77).

Prior to awarding any contract exceeding $100,000.00, the state entity must verify through the Department of Revenue (DOR) that the selected supplier (including any of the supplier’s affiliates) is compliant with collecting sales taxes on sales delivered to Georgia. The state entity must require the supplier to complete SPD-SP045 Tax Compliance Form. For all competitive solicitations posted directly to the Georgia Procurement Registry, the procurement professional must attach the SPD-SP042 Supplier General Information Worksheet to prompt each supplier to respond to this requirement. The completed tax compliance form must be submitted by the state entity to the DOR at the following email address: tsd-state-contractors@dor.ga.gov. 

All state entities’ use of the P-Card is governed by the State of Georgia Purchasing Card Policy. It is the State Purchasing Division’s preference that most if not all statewide contract suppliers accept the state’s P-Card as a form of payment.

A contract is awarded with the expectation that both the supplier and the state of Georgia have entered into the agreement in good faith, and that both parties will perform their respective duties and obligations in accordance with the contract specifications, terms and conditions and at the quoted price. At times, the supplier and the state entity may disagree over performance or other contract issues. In this event, the supplier and state entity must work in good faith through the dispute resolution process. In addition, situations arise when the supplier does not perform and the state entity may suffer damages as a result. Typical nonperformance issues include, but are not limited to: 

• Missing a scheduled delivery date and time, 
• Providing inferior merchandise or unauthorized substitutions,
• Altering contract pricing,
• Unauthorized use of subcontractors,
• Unauthorized assignment of the contract to another supplier,
• Inadequate or unqualified workers, and/or Late or failed delivery. 

Non-performance must be reported to the State Purchasing Division (SPD) and addressed through the contract default process. Failure to resolve non-performance issues will result in contract termination and/or the supplier’s suspension and debarment.

In the event the state entity determines that the supplier’s performance has not been in accordance with the contract and the non-performance is not resolved through the dispute resolution process, the contract administrator will complete and send to the supplier a written complaint stating the nature of the complaint and requesting an explanation. The State Purchasing Division (SPD) recommends that the state entity also completes and submits an online written report to SPD through the online Supplier Performance Report System. In the event of default by the supplier for failure to deliver, failure to meet specifications, or for any other reason, the state of Georgia may procure the items or services from other sources and hold the supplier responsible for any additional cost which is incurred. The contract administrator must promptly notify SPD if the performance complaint has been resolved.

When it has been determined that a termination for default is warranted, the contract administrator must notify the supplier in writing and allow a reasonable period to correct or cure the deficiency or violation. This notice is commonly known as a cure notice. The minimum cure period is often defined in the contract and is generally at least 10 days.

If the time remaining in the contract delivery schedule is not sufficient to permit a realistic cure period, a "show cause" notice can be used. The show cause notice requests the supplier to respond in writing explaining the reason for non-performance, including any excusable causes preventing the supplier’s performance. A show cause notice may also be used as a final warning to the supplier if the supplier has failed to adequately respond to a cure notice. The form of the notice must comply with the specific provisions of the state entity’s contract.

If the supplier fails to cure the situation or provide a satisfactory explanation as requested in the show cause notice, the contract may be terminated. State entities must contact the State Purchasing Division (SPD) prior to terminating a contract by sending an email to processimprovement@doas.ga.gov.

A request for debarment may be initiated by the state entity’s College or University Procurement Officer (CUPO), among other non-USG individuals and entities granted that authority in the Georgia Procurement Manual. A request for debarment must be submitted in writing along with supporting documentation to the State Purchasing Division (SPD). The SPD will review the requested debarment and issue a written determination to the requestor.

DOAS does not maintain statutory authority to review requests for debarment relating to procurements conducted by entities, which do not fall under the jurisdiction of the State Purchasing Act. Examples include, but are not limited to: University System of Georgia including colleges and universities regarding public works.

The use, retention, and destruction of Georgia records, including procurement records, is governed by the Georgia Records Act. O.C.G.A. § 50-18-90 et seq. The act requires state entities to manage records in accordance with the procedures and regulations issued by the University System of Georgia (USG) Georgia Archives and the retention schedules approved by the State Records Committee. USG Georgia Archive’s online resources include approved retention schedules and other resources. In addition to maintaining procurement records in accordance with the state entity’s approved retention schedule, the College or University Procurement Officer (CUPO) must manage procurement records in a way that ensures documents are easily located to support contract management, respond to public requests for documents, and facilitate procurement processes such as resolution of protests and completion of audits.

Each state entity is required to have a designated procurement officer. The state entity’s designated procurement officer for University System of Georgia (USG) institutions, the College or University Procurement Officer (CUPO), has the authority to procure goods and services within the state entity’s Delegated Purchasing Authority and is primarily responsible for coordinating the state entity’s procurement activity. The CUPO serves as the primary point of contact between the Department of Administrative Services' State Purchasing Division (SPD) and the state entity, and the CUPO is responsible for promptly distributing any communications from SPD to the institution's procurement staff. In addition, the CUPO must promptly distribute any relevant communications concerning statewide contracts to other internal staff as appropriate.

This section lists different certifications from the Department of Administrative Services regarding the following:

• P-Card program coordinators and administrators are required to obtain the Georgia Certified Purchasing Card Administrator Certification. 
• All College or University Procurement Officers (CUPO) are required to obtain the Georgia Certified Purchasing Associate (GCPA) or Basic Certification within nine months of hire, and all other procurement professionals are required to complete the GCPA or Basic Certification within twelve months of hire.
• The Request for Proposal (RFP) certificate must be completed by the CUPO within nine months of completing either the GCPA or Basic Certification, and other procurement professionals must complete the training as required by the CUPO.
• The Georgia Certified Purchasing Manager certificate must be completed by the CUPO within six months of completing the RFP Certificate, and other procurement professionals must complete the training as required by the CUPO.

This statute sets forth that it is unlawful for any person or organization to set up a website or email address if they use another's individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that falsely identifies that they are legally authorized to use those items when permission or authorization has not been obtained.

The Board of Regents (BOR) shall direct a study of the practical problems involved in obtaining and producing textbooks and other instructional materials in alternative formats for students with disabilities. The BOR shall work toward the establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting the intellectual property rights of publishers.

All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute (ANSI) specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities, except that nothing is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; and shall provide the following amenities for persons with disabilities, as appropriate:
(1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with ANSI specifications A117.1-1986 (A4.6.2);
(2) Accessible entrances in a reasonable number;
(3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and
(4) Accessible seating, tables, and work surfaces in a reasonable number

No person of any religious denomination shall be excluded from equal advantages of education and the immunities of the University of Georgia on account of his religious beliefs.

This statute sets forth the Board of Regents' establishment of a deferred compensation plan. 

The state or other political subdivision may contract with any employee to defer, in whole or in part, any portion of such employee's compensation plan; and may provide the deferred compensation plan itself or it may contract with any company qualified to do business in this state to provide such benefits. 

Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee.

All employees of the Board of Regents transferred to the Georgia Public Telecommunications Commission shall retain all accumulated sick and annual leave and shall be entitled to retain membership in the Teachers Retirement System of Georgia and to retain any and all rights under said retirement plan.

The Board of Regents of the University System of Georgia is authorized to establish pension and retirement allowances to supplement the allowances provided for teachers under the Teachers Retirement System of Georgia.

The Board of Regents of the University System of Georgia shall promulgate and adopt rules and regulations to ensure that every student and teacher participating in or observing any courses involving chemical, physical, or chemical-physical or labs shall wear appropriate industrial quality eye protective devices at all times while participating in or observing such courses of instruction.

This statute sets forth that all employees of State government are required to take an oath that they will support the Constitution of the United States and the Constitution of the State of Georgia.

Every agency of the state which appoints, employs, or supervises in any manner the appointment or employment of public officials or employees shall establish procedures designated to ascertain before any person, including teachers and other employees of any public educational institution in this state, is appointed or employed, that he is not a subversive person and that there are no reasonable grounds to believe such person is a subversive person. In the event such reasonable grounds exist,  they shall not be appointed or employed. In securing any facts necessary to ascertain the information, all applicants and employees shall be required to sign a written statement or questionnaire containing answers to such inquiries as may be material and containing a set of questions listed in this Code section. These statements shall be filed at the place of employment.

This statute creates a cause of action and sets forth that public employers may receive and investigate complaints from an employee regarding fraud, waste and abuse, and shall not retaliate against the employee for disclosing a violation/noncompliance with a law or rule, etc. 

No public employer shall:

• Make, adopt, or enforce any policy or practice preventing a public employee from disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency
• Retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation

This statute establishes a specific code of ethics for State government services, including:

• Loyalty to moral principles and country
• Uphold the U.S. and Georgia Constitution and laws
• Give earnest effort, and a full day's labor for a full day's pay
• Seek more efficiency
• Do not dispense special favor or accept benefits which might be reasonably construed to influence government duties
• Make no private promises binding the duties of the government
• Do not engage in any business with the government that is inconsistent with conscientious performance of the governmental duties
• Do not use confidential information obtained by governmental duties for private profit
• Expose corruption
• Uphold these principles and keep in mind public office is a public trust

Any person having custody of or responsibility for any records, books, documents, or other office property shall not steal, falsify, etc. any public record, grant or contract, etc. Offense of this Code is a felony.

Upon presentation of affirmative proof, the Secretary of State or his or her designee or, with respect to the Georgia Archives, the Board of Regents of the University System of Georgia may initiate action through the Attorney General or other appropriate jurisdiction to prevent the sale, transfer, conveyance, destruction, or alienation of any records, books, documents, or other office property which has been unlawfully removed from any public office or public officer or employee, and shall have the authority to enjoin, recover, and replevin such records, books, documents, or other office property.

It shall be unlawful for any officer or employee of this state to coerce or attempt to coerce or command directly or indirectly any other state officer or employee to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.

Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

Any public official or employee, whether for themselves or on behalf of any business, or any business in which such they or any member of their family has a substantial interest who transacts business with the state or any agency shall disclose such transactions to the State Ethics Commission if the amount of a single transaction exceeded $250.00 or when the aggregate of all transactions exceeds $9,000.00 in the calendar year.

This statute sets forth that it is unlawful for any full-time employee, for themselves or on behalf of any business, or for any business in which such employee or member of their family has a substantial interest, to transact any business with the agency by which such employee is employed; provided, however, that neither this Code section nor any other provision of law shall prevent full-time employees of the Board of Regents (BOR) of the University System of Georgia (USG) from serving as members of the governing boards of private, nonprofit, educational, athletic, or research related foundations and associations which are organized for the purpose of supporting institutions of higher education in this state and which in furtherance of this purpose may transact business with such institutions or with the BOR of the USG. 

O.C.G.A. § 45-10-24.1 creates a specific exemption for certain transactions involving family-owned businesses and University System of Georgia employees:

• The employee is not actively engaged in the day-to-day management of the business,
• The employee is in a position below that of department head, and
• The transaction is with a unit or department of the USG different than the employee’s unit or department.  

O.C.G.A. § 45-10-25 contains various exceptions to the prohibitions contained in § 45-10-23, including transactions for emergency purchases to protect the health and safety of citizens and property, sole source supplier situations, teaching evening or night courses, leasing certain laboratory and research facilities, and those transactions occurring before or after state employment. 

Penalties for violation of this statute can subject the individual to removal from employment; a civil fine up to $10,000.00; and restitution to the state of any pecuniary benefit received as a result of such violation.

This statute sets forth that it is unlawful for any part-time employee, for themselves or on behalf of any business, or for any business in which such employee or member of their family has a substantial interest, to transact any business with the agency by which such employee is employed. However, this Code section shall not apply, in part, to transactions made pursuant to sealed competitive bids, transactions that individually do not exceed $250 and aggregately do not exceed $9,000 in a calendar year, and lease of real property if the transaction has been approved by the State Properties Commission or the state's Department of Administrative Services.

O.C.G.A. § 45-10-24.1 creates a specific exemption for certain transactions involving family-owned businesses and University System of Georgia employees:

• The employee is not actively engaged in the day-to-day management of the business,
• The employee is in a position below that of department head, and
• The transaction is with a unit or department of the USG different than the employee’s unit or department. 

O.C.G.A. § 45-10-25 contains various exceptions to the prohibitions contained in § 45-10-24, including transactions for emergency purchases to protect the health and safety of citizens and property, sole source supplier situations, teaching evening or night courses, leasing certain laboratory and research facilities, and those transactions occurring before or after state employment. 

Penalties for violation of this statute can subject the individual to removal from employment; a civil fine up to $10,000.00; and restitution to the state of any pecuniary benefit received as a result of such violation.

This statute sets forth that any person who knowingly and willfully falsifies or conceals a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document which the person knows contains any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government shall, upon conviction, be punished by a fine or imprisonment.

This statute sets forth that any employee of the state that solicits, received, accepts or agrees to receive a thing of value by inducing a reasonable believe that the thing of value will influence their official actions. This statute lists the exemptions to what is considered a "thing of value", which includes in part:

• Food or beverage at a single meal or event
• Legitimate salaries, etc. associated with nonpublic business or employment
• Items given in recognition of professional or public service (e.g. plaques)
• Reasonable expenses related to participation or speaking at a meeting
• Any gift with a value less than $100

This executive order establishes a specific Code of Ethics for State executive employees (I.e., USG employees) that in part, addresses:

• Each agency to designate an Ethics Officer
• Employees to avoid even the appearance of conflicts of interest
• Employees to reject any personal gifts from businesses or lobbyists who the employee interacts with for official state business
• Not accept any honoraria
• Employees to file a report with the designated Ethics Officer no later than 30 days after expenses are paid by a third-party for their travel to a meeting related to official or professional duties
• Avoid nepotism in state government
• Lobbying activities
• Political activities

This executive order establishes a Code of Ethics for State executive employees (I.e., USG employees) that in part states:

• Ethics Officers: Each state agency is required to appoint an ethics officer. The ethics officer must provide the Code of Ethics to every full-time, part-time, seasonal, and temporary employee in his or her respective agency and implement measures to ensure that the Code of Ethics is attested to by all employees. All ethics officers report to the Governor's Executive Counsel and are required to notify the Executive Counsel of any violation of the Code of Ethics within their respective agencies.
• Attestation: Upon reading the Code of Ethics, each employee must complete an Attestation stating that he or she has read and understands the Code of Ethics and will comply with its requirements. Once completed, the Attestation must be returned to the employee's respective ethics officer for retention. Completion of the Attestation is mandatory and a condition of employment with the State of Georgia. New employees must complete and return the Attestation during the onboarding process.

This Executive Order also addresses, in part, the following:

• Requirement of each agency to designate an Ethics Officer
• Recusal and disclosure of conflicts
• Gifts
• Political activities
• Permitted use of state-provided devices
• Outside employment

This statute sets forth that "continuing education centers”, any facility offering adult education which is operated by a unit of the USG and has housing facilities capable of accommodating 200 people and banquet facilities capable of serving 400 people, may sell alcoholic beverages. Such sales may be made during all hours during which sales are lawful in the state.

This statute sets forth:
(a) The age of legal majority in this state is 18 years; until that age all persons are minors.
(b) When an individual is in the state for the purpose of attending school, the individual's residence will be considered to be the state in which the parents reside, if under the laws of that state, the individual would still be considered a minor and he/she is incapable of proving his/her emancipation.

This statute sets for what standards and requirements a student must meet in order to qualify as a nominee and recipient of a UNG Military Scholarship . In part, the student shall be a resident of Georgia, demonstrated academic excellence in high school, meet certain health standards for commission in the Army National Guard, maintain minimum full-time enrollment and maintain standards of academic excellence and conduct at UNG, participate in Reserve Officers' Training Corps, and accept commission into the Georgia Army National Guard upon graduation from UNG. The scholarship shall cover room, board, matriculation, fees, uniform deposits, and an allowance for books and supplies. Scholarship assistance may be provided for a maximum period of eight academic semesters.

This statute sets forth the eligibility qualifications for an individual to apply to the Georgia Student Finance Authority for postsecondary institution tuition grants to the children and spouses of certain public employees, including public school employees and public school teachers, killed or permanently disabled in the line of duty.  The Act further provides for charitable contributions to such grants through income tax returns and the issuance and renewal of drivers' licenses and identification cards. 

This section states the State's General Assembly recommendation that the BOR adopt a tuition and fee waiver program, which incudes waivers of charges related to housing and meals, for foster care youth under the age of 28 and meeting the requirements contained in this Code section,

This statute sets forth for the Georgia Student Finance Authority to establish the Georgia Foster Care Scholarship program to provide grants to former foster youth meeting certain eligibility criteria. The program is subject to appropriations and limits grant awards to undergraduate level postsecondary education. The Georgia Student Finance Authority is authorized to suspend an eligible postsecondary institution from the program for neglecting to refund moneys in certain instances, and responsible for monitoring, collecting, and evaluating enrollment and student record data for such grant program.

This statute sets forth that subject to appropriations, the Georgia Student Finance Commission shall establish a needs based financial aid program to provide grants to eligible students for undergraduate level postsecondary education at qualified institutions. The maximum award amount per eligible student shall be $2,500 in total. The definition of "eligible student" for this College Completion Grant to modify the credit completion requirement from 80 percent for all programs to 70 percent for four-year programs and 45 percent for two-year programs. The Act extends the automatic repeal date from June 30, 2025, to June 30, 2029. The Act amends O.C.G.A. Sections 20-3-360 and  20-3-366. Effective May 12, 2025.

All appropriations for the institutions of the University System of Georgia (USG) shall be paid to the Board of Regents (BOR) in a lump sum, with the power and authority in the BOR to allocate or distribute the appropriations among the institutions under its control in such a way and manner and in such amounts as will further an efficient and economical administration of the USG.

Unless directed otherwise by the General Assembly, the Board of Regents shall not use any monies or properties received from any source other than appropriations by the legislature except for the benefit of the institution for whose use the money or property was donated.

Annual Monitoring Visits for Exempt Providers Receiving CAPS Funding:

In accordance with the Child Care and Development Block Grant (CCDBG) Act of 2014, the Georgia Department of Early Care and Learning (DECAL) is required to conduct annual monitoring visits for exempt child care providers receiving subsidy payments through the Childcare and Parent Services (CAPS) program.

Eligible Exempt Categories for CAPS Funding:

Category 1 – Government Owned and Operated Programs
These include programs operated by any department or state agency, county or municipal government, such as:

• Local School Systems (LSS)
• Parks and Recreation Departments
• College/University Systems

Note: There is no age restriction for Category 1 programs.

Category 7 – Day Camps
Eligible day camps must:

• Serve children age 5 and older
• Operate during school breaks (e.g., summer, holiday breaks)
• Run for no more than 12 hours per day

Programs falling under these two categories and receiving CAPS subsidies are subject to annual monitoring by DECAL to ensure compliance with applicable health and safety standards.

It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on behalf of which entity funds were expended to purchase or lease such vehicle. This does not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the USG Chancellor, among other state executives and officials. 

Any person in violation of the provisions shall be guilty of a misdemeanor.

These statutes set forth the requirements under Georgia law to make government records available for public inspection. These statutes include guidance on the following:

• Georgia’s declaration of a public policy in favor of open government.
• Who can request records
• Time limits for responding
• When access to records must be made available
• Exemptions and other legal limitations
• Fees that may be charged
• Civil and criminal penalties for Open Records violations

This article and Codes establish the Board of Regents (BOR) of the University System of Georgia (USG) and states that it shall consist of one member from each congressional district in the state and five additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. As each term of office expires, the Governor shall appoint a successor. BOR member terms shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than the expiration of a member’s term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office. The qualifications, compensation, and removal from office of the members of the BOR shall be as provided by law. 

A chairman shall be elected from among the BOR members. BOR member are required to attend the Board meetings. If a BOR member is absent from two consecutive meetings of the Board, the member can be removed from office. If a BOR member is absent from three consecutive meetings of the Board without valid cause or approval from the Board chairman, the member shall be removed from office and the secretary of the Board must notify the Governor who will then have someone fill the vacancy.

The Board of Regents (BOR) shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia (USG) and all of the institutions in said system shall be vested in the BOR of the USG.

The BOR is authorized to consolidate, suspend, or discontinue institutions; merge departments; inaugurate or discontinue courses; and abolish or add degrees. Whenever any such modifications, changes, consolidations, or suspensions are put into effect, the BOR is authorized to readjust budgets as necessary . Where similarity in names among the several institutions gives rise to confusion, the board may rename them.

All appropriations made for the use of any or all institutions in the University System of Georgia (USG) shall be paid to the Board of Regents (BOR) in a lump sum, with the power and authority in the BOR to allocate and distribute the appropriations to USG institutions in such way and manner and in such amounts as will further an efficient and economical administration of the university system. 

The Board of Regents may hold, purchase, lease, sell, convey, or dispose of public property and utilize those proceeds; exercise eminent domain in the manner stipulated by the laws; and have other general powers and duties as provided by law.

The Board of Regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.

This statute grants the Board of Regents (BOR) the following powers:

• Make reasonable rules and regulations as are necessary for the performance of BOR duties;
• Elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the university system, as may be authorized by the General Assembly; to discontinue or remove them as may be required; and to fix their compensations;
• To establish all such schools of learning or art as may be useful to the state and to organize them in the way most likely to attain the ends desired; and
• To exercise any power usually granted to such corporation, necessary to its usefulness, which is not in conflict with the Georgia Constitution and laws.

This statute sets forth that except as otherwise provided by law, all meetings shall be open to the public. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter.

Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding.

The public at all times shall be afforded access to meetings declared open to the public.

Visual and sound recording during open meetings shall be permitted.

The agency shall prescribe the time, place, and dates of regular meetings of the agency; the information shall be available to the general public, and shall be posted at least one week in advance and maintained in a conspicuous place available to the public at the regular place of an agency or committee meeting as well as on the agency’s website. 

This statute sets forth that it shall be the duty of the Department of Audits and Accounts to audit and check the books and accounts of the units of the University System of Georgia receiving state aid, showing the amount received, for what purpose received, and for what purposes expended.

The Board of Regents shall establish and operate one or more marine resources extension centers and an institute for oceanographic studies, known as the Oceanographic Research Center. 

State organizations contracting with a nonprofit organization shall determine the financial viability of the nonprofit organization before entering into a financial agreement and monitor the performance of the nonprofit organization under the terms of the financial agreement. State organizations entering into agreements with nonprofit organizations shall report to the state auditor all such agreements and shall provide each individual nonprofit organization’s name, fiscal year end, contract amount, and other information as required by the state auditor. 

This statute creates the Georgia Higher Education Savings Plan (GHESP) for purposes of establishing and maintaining the GHESP Trust Fund and qualified tuition programs under Section 529 of the Internal Revenue Code. The plan shall be governed by a board of directors consisting of the Governor as chairperson, and include the Board of Regents' Chancellor, among others. Members of the board who are state officials or employees shall receive no compensation for their service on the board but may be reimbursed for expenses incurred by them in the performance of their duties as members of the board. Any members of the board who are not state officials or employees shall receive a daily expense allowance in the amount specified in O.C.G.A. § 45-7-21(b) for each day the member is in attendance at a meeting of the board, and those expenses will be paid from the GHESP Trust Fund.

A student organization may appeal any adverse institutional level action by the president or delegate to the USG BOR in accordance with the BOR's bylaws, or, pursuant to other discretionary or mandatory review procedures as the BOR may make available. An appeal by a student organization to the BOR shall not defer the effective date of the adverse action against it pending the BOR's review unless it so directs. Any such stay of suspension or expulsion by direction of the BOR shall expire as of the date of the BOR's final decision on the matter.

All property owned or held by the Board of Regents (BOR) may be sold, leased, or otherwise disposed of by the BOR with approval of the Governor, if the BOR deems such transactions or disposition in the best interests of the University System of Georgia (USG), and that property can no longer be advantageously used in the USG. However, any such property  that was granted or conveyed to the USG, BOR, any USG institution or trustees for specified uses shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purpose in conformity with original grant or conveyance.

For a work of art owned or held by the BOR, if the BOR finds that is in the best interests of the USG, and that work of art can no longer be advantageously used in the USG, the BOR may:

• Sell the work of art to the highest bidder;
• Sell or transfer the work of art to any State of Georgia government entity;
• Sell or transfer the work of art to any private nonprofit agency in exchange for substantial benefits; or
• Dispose of such work of art as provided in the state surplus property laws, Article 4 of Chapter 5 of Title 50;

However, any such work of art that has been granted or conveyed to the USG, BOR, any institutions or trustee for specified uses, shall be sold or transferred in accordance with the original grant or conveyance restrictions.

Nothing in this Code section shall prevent the BOR from leasing laboratory and research facilities owned by the BOR  to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use.

This statute requires that all early care and education programs that care for children be licensed or commissioned annually by the Department of Early Care and Learning (DECAL). DECAL requires teachers in all licensed or commissioned programs to receive training on developmentally appropriate, evidence-based literacy instruction, as provided for in Code Section 20-2-984 and aligned with standards promulgated by DECAL and the Office of Student Achievement. Child care learning centers shall generally provide a minimum of 35 square feet of usable space for each child present in the facility, with limited temporary exceptions. Child care learning centers must also post in a conspicuous place the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services; the centers shall also post signs prohibiting smoking.

This statute sets forth that the fund created by this Code section is established for the purpose of providing challenge grants to raise funds to be used by units of the University System of Georgia (USG) and foundations established to further the work of such units in endowing chairs to attract eminent scholars to join the faculties of units of the USG.

No agency shall require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, issuing any license, permit, or other type of authorization, or performing any duty of such agency.

No agency, through any rule, regulation, ordinance, resolution, or other action shall require that any person or private entity require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, or as a condition of such person or private entity’s performance of any regular activity by such person or private entity.

This Code section shall not apply if compliance with this Code section would require an agency to violate one or more regulations of the federal Centers for Medicare and Medicaid Services or any federal contractual terms applying to workplace locations in which one or more individuals are working on or in connection with a federal government contract.

This statute sets forth that all persons who become state employees and who are eligible as specified in the rules and regulations of the Board of Community Health shall become members of the health insurance program unless the employee rejects or waives such coverage in writing. 

Under O.C.G.A. § 45-18-1, "Employee" is defined as "A person who works full time for the state and receives his compensation in a direct payment from a department, agency, or institution of state government.

This particular Code entitles employees to have their spouse and dependent children included in their health insurance coverage.

All state agencies must register and participate in the federal work authorization program to verify the employment eligibility of all newly hired employees.

A public employer shall not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor to include attestations.

All state agencies must file an annual immigration compliance report that includes the agency's federal work authorization program verification number and date of authorization, the federal work authorization for all contractors along with any sanctuary policy. 

Any time a state employee entitled to receive involuntary separation retirement benefits pursuant to Code Section 47-2-123 is involuntarily separated from employment and such employee is granted such involuntary separation benefits, the employment position such employee held within a state agency at the time of such involuntary separation from service shall remain open and unfilled permanently. In addition, an amount equal to the sum of such employee’s salary at the time of such involuntary separation from service and the cost of such employee’s retirement with involuntary separation benefits shall be deleted permanently from the employing state agency’s annual appropriations budget.

The provisions shall not apply to an employee who is involuntarily separated from service because of a mandatory retirement age or as a direct result of an Act of the General Assembly which abolishes such employee’s position.

Public school teachers must obtain a "Clearance Certificate" which includes a criminal history background check to maintain employment as a public school teacher. Student teachers must also have a background check completed. 

This statute sets forth that a person convicted under the laws of Georgia, U.S., or any other state, of any criminal offense involving the manufacture, distribution, sale or possession of drugs shall be ineligible for public employment for three months from the date of conviction. In the event of two or more convictions, the individual shall be ineligible for public employment for a period of five years from the most recent date of conviction.

This statute sets forth that any public employee who is convicted for the first time, under the laws of Georgia, the U.S., or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from their public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26.

Any public employee who is convicted for a second or subsequent time, under the laws of this state, the U.S., or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be terminated from their public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction.

This executive order mandates that questions or checkboxes about criminal convictions should be removed from the initial job application for state employment. It prohibits using a criminal record as an automatic disqualification to hiring and requires that applicants go through an interview process before a criminal history is considered so that the applicant can explain or demonstrate rehabilitation.

This Act provides for leaves of absence for postsecondary employees for bone marrow and organ donations, and such leave shall consist of no more than seven and 30 days, respectively, for purposes of bone marrow and organ donations. The Act requires a statement from a medical practitioner who is to perform the procedure or from a hospital administrator where such procedure is to be performed confirming that the individual requesting the leave of absence is making the donation. The Act prohibits waivers of such leaves of absence.   

A state employee or student shall not install, use, or visit any social media platform on state equipment when the company that directly or indirectly owns or operates such social media platform is directly or indirectly owned or operated by a foreign adversary or is domiciled in, has its principal place of business in, has headquarters in, or is organized under the laws of a foreign adversary.

A state employee shall be authorized to install, use, or visit a social media platform that is otherwise prohibited on state equipment for law enforcement purposes, cybersecurity research and development, or judicial or legislative proceedings.

The list of social media platforms that violate OCGA 50-29-21 is prepared and maintained by the director of the Georgia Emergency Management and Homeland Security Agency.

Any government entity, including public universities and colleges, that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Any person or business that maintains computerized data on behalf of government entities, including public universities and colleges, that includes personal information of individuals that the person or business does not own shall notify the of government entity of any breach of the security of the system within 24 hours following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 

The personal information protected by this Act includes the combination of an individual’s full name, or first initial and last name with one of the following, when not encrypted or redacted:

• Social Security Number
• Driver’s license number or state ID card number
• Account, credit card, or debit card number
• Account passwords, personal identification numbers, or other access codes

This statute sets forth that the Georgia Public Telecommunications Commission (Commission) is authorized and empowered to hold licenses issued by the Federal Communications Commission or other appropriate governmental agencies necessary for the operation of public telecommunications facilities and to operate such facilities in the State of Georgia for the purpose of serving the educational and public telecommunications needs of the State of Georgia and the various communities within the state. The Commission created shall integrate the facilities and equipment provided for in subsection (c) of this Code section and ensure the production and delivery of educational materials as needed by the state’s educational entities, which shall include working with, in part, the Board of Regents in planning and providing the most flexible instructional television delivery system possible, to include design, building, and operating of various electronic delivery systems to serve elementary, secondary, postsecondary, vocational, college, postgraduate, and adult continuing educational needs.

This Act requires the University System of Georgia (USG) to submit semiannual reports to the Governor and the chairpersons of the House Committee on Higher Education and the Senate Committee on Higher Education regarding certain funding received from foreign countries of concern which are countries designated as a foreign adversary by the U.S. Secretary of Commerce; foreign entities of concern which are organizations, including institutions of higher education, which are organized under the laws of or having its principal place of business in a country of concern, or any subsidiaries of such an entity; and foreign individuals of concern which is any individual domiciled in a foreign country of concern and not a citizen or lawful permanent resident of the U.S.

Wild animal permits will be issued by the Department of Natural Resources at no cost and only to persons for scientific or educational purposes.

This statute sets forth that the Georgia Access to Medical Cannabis Commission (Commission) shall issue nontransferable designated university licenses for the production of low THC oil. The designated universities, currently the University of Georgia and Fort Valley State University, shall have the option to be licensed as a production facility, either separately or jointly, and are authorized to contract with private entities to fulfill the terms of the license, including contracting for the production of low THC oil. All contracts shall be approved by the Commission. Each designated university may conduct research on marijuana for therapeutic use if licensed as a production facility pursuant to this Code section. Annually, the designated universities shall submit a report to the Senate Health and Human Services Committee and the House Committee on Health and Human Services, to include data and outcomes of the research conducted pursuant to this paragraph. The Commission may revoke the license of a designated university if it is found by the commission to have violated any of the requirements established pursuant to this article.

This statute sets forth that University System of Georgia institutions are authorized pursuant to 7 U.S.C. Section 1639p, to conduct research on the cultivation  uses, breeding, developing, and marketing of hemp. Pursuant to a written agreement, colleges and universities authorized to conduct research pursuant to this Code section may engage third parties to assist in the conduct of such research, and such third parties may cultivate, handle, and process hemp when assisting such college or university in such research pursuant to the written agreement.

All persons who are mandatory reporters, such as college and university administrators, professors, law enforcement, counselors, and physicians, among other positions, are required to report suspected child abuse to the Division of Family and Children Services immediately, but in no case later than 24 hours.

Athletic camps, science camps, clinics, after-school programs, enrichment classes and activities are regulated by the State of Georgia Department of Early Care and Learning. These activities require either a license or an issued exemption from licensure. Camps, programs and activities that are owned and operated by any department or agency of a state, county or municipal government are exempt. An exemption remains in effect until there is a change in the program. Institutions should ensure that all covered programs are properly licensed or that an exemption from licensure is obtained. A copy of the license or the exemption document from the Department of Early Care and Learning must be displayed as required by state law.

This statute defines "educator preparation providers" (EPP) to include any institution responsible for managing and coordinating programs offered for the initial and continuing preparation of teacher and other school personnel, and requires the collection and evaluation of EPP performance data. These performance measures are contained in this statute, and includes, in part:

• Program enrollment numbers for the previous three academic years
• Number of graduates, broken down by demographic groups and certification type
• Certification exam passage rates (first attempt and best attempt)
• Job placement rates by school district and demographics
• One-year, three-year, and five-year educator retention rates
• Satisfaction ratings from graduates and employers
• Teacher evaluation information during the first three years of employment
• Student performance data associated with graduates during their first three years in the profession

In addition, the Professional Standards Commission (Commission) shall create a standard survey that each EPP provides to each EPP program graduate and the employer.

The Board of Regents (BOR) shall annually review EPP data for all USG institutions and make decisions about support or intervention when programs are not performing adequately. 

This statute requires public institutions of higher education to determine whether it, or an organization controlled by or acting on its behalf, received at least $10,000 during the fiscal year from a single foreign source of concern (reportable funding), and then must submit to the State Attorney General (AG) and Department of Audits and Accounts (DOAA) either:

• A detailed report concerning the reportable funding
• A report stating there was no reportable funding.

Foreign sources of concern are made up of foreign countries of concern, foreign entities of concern, and foreign individuals of concern:

• Foreign countries of concern are designated by the U.S. President, Secretary of Commerce, and Secretary of State, and particular countries with monarchies and sovereign wealth funds in which the monarch or their family sits on the board of directors and the country borders foreign countries of concern.
• Foreign entities of concern include, in part, organizations including institutions of higher education, which are organized under the laws of or having its principal place of business in a foreign country of concern, or any subsidiary of such an entity.
• Foreign individuals of concern are any official of or individual domiciled in a foreign country of concern who is not a citizen or lawful permanent resident of the U.S. 

Note that reportable funding does not include funding provided by an individual or family as payment for tuition and fees for a student or students affiliated with or attending a course of study, program or class at the University System of Georgia.

Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. Not later than October 15 each year, the Board of Regents shall provide to the Governor, the chairperson of the House  Committee on Appropriations, and the chairperson of the Senate Appropriations Committee a report of all nonlapsing revenue from the preceding fiscal year, the anticipated plans for the use of such nonlapsing revenue, the actual expenses paid for from nonlapsing revenue from the previous fiscal year, and the cumulative balance of nonlapsed revenue. Note that this code section shall stand repealed and reserved on July 1, 2031.

This statute provides that institutions within the University System of Georgia may discharge an uncollectable debt of $3,000 or less, but retains the right to pursue a debt in any amount. This debt discharge process cannot be used when the debtor has more than one debt or obligation during the same fiscal year. Before a debt may be discharged:

• The debt must be determined to be uncollectable.
• The responsible official must summarize the collection efforts already made.
• The official must provide relevant supporting information, including a reasonable estimate of the cost of continued administrative or legal collection.
• The official must recommend whether the debt should be discharged.
• The appropriate approving official must determine that further collection efforts would be detrimental to the public’s financial interest.
• A certificate documenting that decision must be executed.
• The certificate must be forwarded to the State Accounting Officer in accordance with applicable standards.

This statute establishes the DREAMS Scholarship Program, which can provide up to $3,000 annually for eligible students meeting all statutory requirements and attending USG institutions. To be eligible, DREAMS Scholarship recipients must meet Georgia residency and citizenship requirements applicable to HOPE programs; complete the FAFSA; be enrolled at least half-time (6 semester hours); have unmet financial need; maintain at least a 2.0 GPA and satisfactory academic progress; complete a financial literacy course; engage in at least part-time work, internship, volunteer service, or military service.

The DREAMS scholarship is under the purview of the Georgia Student Finance Authority (GSFA). Not later than December 1 each year, the GSFA shall provide a report on the DREAMS scholarship and the endowment fund to state executives including the USG Chancellor.

Subject to available community funding, each USG institution must maintain opioid antagonists in secure locations, in quantities sufficient for multiple overdose events, and according to manufacturer instructions. Institutions with automated external defibrillators must also store opioid antagonists within three feet of each defibrillator, or as close as reasonably possible.

USG personnel may administer an opioid antagonist to anyone they believe in good faith is experiencing an overdose in specified institution-related circumstances. Personnel who administer or decline to administer an opioid antagonist in good faith are generally protected from civil liability and professional discipline. USG, its institutions, and personnel also receive specified protections regarding the removal or misuse of opioid antagonists. These protections do not apply to willful or wanton misconduct.

Students, visitors, and USG employees may not be prohibited from possessing opioid antagonists on USG property or at USG-sponsored activities.

This statute establishes medical scholarships for students attending medical schools within the USG. Recipients must agree to complete medical school, obtain licensure, and practice medicine in Georgia for at least four years after graduation, or the recipient will be required to repay scholarship funds. The maximum award amount per applicant per academic year shall not exceed the student's cost of attendance, and no one shall receive the scholarship for more than eight semesters. The Georgia Student Finance Authority and State Medical Education Board are responsible for this scholarship and applications.

For purposes of participation in the Georgia Defined Contribution Plan (retirement plan), the following persons shall not be considered employees:

• A person performing services for an institution in which such person is enrolled as a part-time or full-time student;
• A person performing services for an employer as an independent contractor; or
• Members of any state board or commission.

This statute establishes a statewide comprehensive education information system for sharing information between agencies and USG. The Board of Regents (BOR) is an authorized educational agency with access to the statewide data system, and shall require an individual student record for each student enrolled. The record must include, at a minimum, the data specifications recommended by the Office of Education and Workforce Strategy (OEWS). Student and employee social security numbers shall not be used in violation of state and federal law to identify students and employees, and adequate security provisions must be employed to protect individual privacy. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by USG or its institutions which would violate the privacy rights of any individual student or employee.

This statute establishes the Office of College and Career Academies within the Technical College System of Georgia. A "college and career academy” means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance the technical skills needed for workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. The Office of College and Career Academies will coordinate the efforts of various state agencies and non-profit institutions, including the USG, in the professional development, curriculum support, and development and establishment of college and career academies.

This statute establishes the Office of Education and Workforce Strategy (OEWS). The OEWS has various duties, including auditing and inspecting USG institutions. Additionally, the OEWS is required to prepare an annual report evaluating the progress made on performance indicators identified and defined by the OEWS for USG institutions, along with a report concerning the results of the state's investment in each institution. This annual report must be submitted by OEWS no later than December 1 of each year.

This statute states, in part, that the Office of Education and Workforce Strategy (OEWS) must develop a report detailing the alignment of policies, programs, and practices of various state agencies including the USG, to advance the objectives of serving student needs, avoiding duplication of mission, using state resources efficiently, and expanding opportunities for postsecondary credential attainment. The OEWS shall coordinate with the USG among other agencies to create a report that includes various items such as:

• A list of course articulated from the State Board of Education to the USGs, number of students enrolled in such programs and for what credits
• A list of courses approved by the Board of Regents and the State Board of the Technical College System of Georgia to be transferrable
• A summary of efforts taken by USG to comply with O.C.G.A. § 20-4-20.

This statute states that the Office of Education and Workforce Strategy (OEWS) will also collaborate with USG and other agencies to: 

• Develop a state-wide education and workforce plan that supports programs and initiatives supporting the Governor's education and workforce priorities for the state
• Reporting on various aspects of the High-Demand Career List described in O.C.G.A. § 34-14-3, returns on investment, and educational and occupational credentials granted or funded by the state.

The OEWS shall meet at least quarterly with the USG and participating agencies on creating the education and workforce plan.

This statute requires the Office of Education and Workforce Strategy (OEWS) to create a secure, user-friendly online “navigation tool” connecting users with education, financial-aid, credentialing, training, and career information. The tool must use existing agency data and technology where legally permissible and must be updated annually. USG must provide OEWS with data, technical assistance, program information, and promotion of user awareness necessary to operate and implement the tool. USG must also ensure that its relevant technology systems or platforms are compatible with and capable of integrating with the navigation tool.

This statute creates an Education Data Governance Board within the Office of Education and Workforce Strategy (OEWS) to coordinate state-wide education data governance, cross-agency systems, data-sharing agreements, common standards, data quality, privacy, security, interoperability, and the statewide longitudinal data system. The USG is represented on the Board, and the USG Chancellor or designee must serve on and participate in the Board. Through that participation, USG will need to support shared standards and coordinated processes for data collection, validation, quality, security, privacy, stewardship, reporting, interoperability, and lawful data sharing.

This statute establishes that the Office of Education and Workforce Strategy (OEWS) will develop performance measures and indicators that provide the basis for a postsecondary accountability report card on the USG.

This statute preserves the Board of Regents’ authority over USG institutions but encourages and expects the Board to collaborate continuously with the Technical College System of Georgia and the State Board of Education to improve the transferability of postsecondary course credit. USG should establish and update system-level transfer agreements, promote and permit compatible institution-level agreements, and ensure that these arrangements serve student needs, avoid duplicative missions, use state resources efficiently, and expand degree-attainment opportunities.

Each employer shall be required to comply with the minimum information standards set forth in this statute, and ensure that each employee is informed of:

• The statute's requirements
• What a material safety data sheet is, along with its contents
• Operations where hazardous chemicals are present
• Location and availability of training programs
• Right to receive information regarding hazardous chemicals
• Right to have the employee's physician to receive information regarding hazardous chemicals to which they may have been exposed
• Right against discharge or discrimination due to exercising their rights provided by this statute.

In addition to providing the information required by subsection (a) of this Code section, each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment which explains:

• Physical or health hazards associated with the use of the chemical or mixture
• Proper safety and handling precautions and necessary personal protective equipment
• Methods to both detect the presence or release of a hazardous chemical in a work area, and perform monitoring
• The labeling system and the safety data sheet and how employees can obtain and use the appropriate hazard information
• Emergency procedures for spills, fire, disposal, and first aid.

This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to or measures necessary to protect employee health as compared to those stated on a safety data sheet previously provided.

Georgia DOL Rules require public employees to receive workplace-specific hazardous-chemical information and training upon initial workplace assignment, before exposure to a hazardous chemical, and periodically thereafter at least annually. Training must address applicable legal requirements, hazardous-chemical locations, the employer’s written communication program, safety data sheets, labeling, exposure controls, detection methods, emergency procedures, chemical storage and mixing hazards, and sources of additional information.

This statute sets forth that each employer shall publish in print or electronically in January and July of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the workplace office. A comprehensive list of all hazardous chemicals used by the employer shall also be available for public inspection at the employer’s state headquarters.

This statute sets forth, in part, that no person shall, on the basis of race, ethnicity, national origin, or religion, be excluded from participation in, denied the benefits of, or subjected to discrimination under any educational program or activity or in employment practices conducted by any USG institution that receives federal or state financial assistance.

No later than December 31, 2026, the Board of Regents (BOR) shall ensure that all USG institutions have established policies and procedures to: 

1. Establish, maintain, and publicize a complaint submission process, available  electronically and in writing, whereby students, faculty, staff, or others may report alleged violations of O.C.G.A. § 20-1-13 which relates to discrimination;  
2. Develop procedures for the implementation of this statute, which shall include ensuring complaints are handled in a timely manner, kept  confidential, and investigated thoroughly and that retaliation is prohibited; and  
3. Document and investigate complaints of discrimination and harassment and prepare written findings and conclusions. 

The BOR shall be responsible for determining whether an institution is compliant with this statute. The BOR is authorized to take corrective action, including, but not limited to, withholding state funding administered through the BOR.  

The BOR is required to create an annual report and provide a copy to the Governor and Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee on July 1 of each year providing aggregate numbers of complaints, investigations, and findings related to enforcement of this statute.

This statute permits law enforcement agencies to collect and use automated license plate recognition system (ALPR) data only for a law enforcement purpose, defined as the investigation of an offense or activity initiated by a law enforcement agency. Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction, be guilty of a misdemeanor of a high and aggravated nature. 

The statute also requires agencies using ALPR systems to maintain policies governing their operation and officer training.

This rule sets forth that: 

• Each public employer covered by the Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 (Act) and the regulations shall ensure that all employees are aware of the Act, regulations, and responsibilities by means of a written hazardous chemical communication program.
• Each public employer shall designate a hazardous chemicals protection communication coordinator. The hazardous chemicals protection communication coordinator will be provided with authority sufficient to carry out the duties of the position, which includes:
          (i) Act as a liaison between with the Georgia DOL on hazardous chemicals issues which may arise within their agency.
          (ii) Determine applicability of rules to individual workplaces and work areas within their agency using on-site inspections, review of written records including Material Safety Data Sheets (MSDS), and industrial hygiene studies.
          (iii) Make arrangements for and/or provide appropriate and adequate training to all employees.
          (iv)  Ensure that:
               1. A written workplace-specific hazard communication program is developed for each workplace in the agency. This workplace-specific program will include a list of hazardous chemicals used, stored, or manufactured in that particular workplace, and will be available to all employees in the workplace.
               2. Upon their request, employees at each workplace within their agency shall have access to the most current MSDS's for those chemicals used in that workplace which are included on the Georgia Right to Know Hazardous Chemicals List.
               3. Employees at each workplace are made aware of and are properly trained in the uses and hazards associated with chemicals to which they are exposed in their workplaces.
               4. Employee training on and notification of the use of hazardous chemicals in the workplace are adequately documented in each employee's personnel file.
               5. Employees at each workplace within the agency are provided with personal protective equipment as required in each work environment, and receive adequate training on the use and maintenance of this equipment.