TITLE 30 HANDICAPPED PERSONS
1. General Provisions, 30-1-1 through 30-1-6.
2. Georgia Industries for the Blind, 30-2-1 through 30-2-9.
3. Access to and Use of Public Facilities by Persons with Disabilities, 30-3-1 through 30-3-9.
4. Rights of Persons with Disabilities, 30-4-1 through 30-4-5.
5. Protection of Disabled Adults and Elder Persons, 30-5-1 through 30-5-11.
6. Personal Assistance Program for Persons with Disabilities, 30-6-1 through 30-6-5.
7. Blind Persons' Literacy Rights and Education, 30-7-1 through 30-7-4.
8. Georgia Council on Developmental Disabilities, 30-8-1.
9. Georgia Achieving a Better Life Experience (ABLE), 30-9-1 through 30-9-16.
10. Community Trusts, 30-10-1 through 30-10-9.
Cross references. - Continuation of trusts for benefit of schools for the blind and the deaf, § 20-2-18 .
Special education services for children with physical, mental, or emotional disabilities, § 20-2-152 .
Use of school buses to provide transportation for persons with disabilities, § 20-2-1074 .
Aid to disabled or illiterate in voter registration process, § 21-2-220 .
Lending of voting assistance to the physically disabled, § 21-2-409 .
Treatment and rehabilitation of spinal cord disabled persons, § 31-18-1 et seq.
Discrimination against persons with disabilities in employment, § 34-6A-1 et seq.
Special license plates for disabled veterans, § 40-2-68 et seq.
Special license plates for disabled persons generally, § 40-2-74 .
Community service by certain offenders as live-in attendants for disabled persons, § 42-8-72.
Regulation of business of hearing aid dealers and dispensers, § 43-20-1 et seq.
Licensing of occupational therapists, § 43-28-1 et seq.
ALR. - Construction and effect of state legislation forbidding discrimination in housing on account of physical handicap, 28 A.L.R.4th 685.
30-1-1. "Deaf person" defined.
30-1-2. Public employment of physically disabled persons.
30-1-3. Identification carried by persons suffering blackouts; duties of law enforcement officers finding persons in semiconscious or unconscious condition.
30-1-4. Council on the Deaf [Repealed].
30-1-5. Georgia Commission for the Deaf or Hard of Hearing; definitions; creation; operation; multiagency task force for educational improvements; stakeholder advisory committee; annual reporting.
30-1-6. American Sign Language.
As used in this title, the term "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications spoken in a normal conversational tone.
(Ga. L. 1980, p. 1131, § 1.)
Cross references. - Aid to disabled or illiterate in voter registration process, § 21-2-220 .
Hearing screenings for newborns, § 31-1-3.2 .
ALR. - To what extent are federal entities subject to suit under § 504(a) of Rehabilitation Act (29 USCA § 794(a)), which prohibits any program or activity conducted by any executive agency or the postal service from discriminating on basis of disability, 146 A.L.R. Fed. 319.
It is the policy of this state that blind, visually disabled, deaf, and otherwise physically disabled persons shall be employed in the service of the state or political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as able-bodied persons, unless it is shown that the particular disability prevents the performance of the work involved.
(Ga. L. 1975, p. 1639, § 1; Ga. L. 1995, p. 1302, § 14.)
Cross references. - Physical examination of state employees, § 45-2-40 et seq.
Cited in Cruet v. Emory Univ., 85 F. Supp. 2d 1353 (N.D. Ga. 2000).
Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, §§ 44, 52, 56. 68 Am. Jur. 2d, Schools, § 145 et seq.
C.J.S. - 13 C.J.S., Carriers, § 80. 14A C.J.S., Civil Rights, § 285 et seq. 67 C.J.S., Officers and Public Employees, § 21 et seq. 78 C.J.S., Schools and School Districts, § 296 et seq.
Any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary blackouts, semiconscious periods, or complete unconsciousness is authorized to wear an identification bracelet or metal tag or carry an identification card with the person's name, type of illness, physician's name, and medication required engraved, stamped, or imprinted thereon.
Before any person who is found in a semiconscious or unconscious condition may be charged with a crime, it shall be the duty of all law enforcement officers in this state to make a diligent effort to determine if such person is an epileptic or diabetic or a person who is suffering from any other type of illness which would cause semiconsciousness or unconsciousness. If any law enforcement officer shall determine that such a person is actually suffering from an affliction which would cause semiconsciousness or unconsciousness, it shall be his duty to notify such person's physician immediately or to have such person immediately transported to a physician or to some facility where the services of a physician are available.
Any person who willfully and knowingly falsifies such identification or deliberately misrepresents such an illness shall be guilty of a misdemeanor.
(Ga. L. 1965, p. 176, §§ 1-3.)
Intoxication or drug overdose not included. - Under the principle of ejusdem generis, O.C.G.A. § 30-1-3 cannot be construed to include intoxication and drug overdose under the general phrase "any other type of illness." Lively v. Trust, 184 Ga. App. 361 , 361 S.E.2d 516 , cert. denied, 184 Ga. App. 910 , 361 S.E.2d 516 (1987).
Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, § 268. 57A Am. Jur. 2d, Negligence, § 187.
C.J.S. - 63 C.J.S., Municipal Corporations, § 640 et seq. 65 C.J.S., Negligence, §§ 36, 68 et seq., 79, 78, 82 et seq.
U.L.A. - Uniform Duties to Disabled Persons Act (U.L.A.) §§ 2, 3.
30-1-4. Council on the Deaf.
Editor's notes. - This Code section was based on Ga. L. 1978, p. 2150; Ga. L. 1982, p. 3, § 30; Ga. L. 1982, p. 833, § 2; Ga. L. 1983, p. 3, § 21; Ga. L. 1993, p. 91, § 30; Ga. L. 2000, p. 1137, § 4.
"American Sign Language" means a completely visual language with its own pragmatics, syntax, and semantics. Conceptual information expressed in American Sign Language is the same as in Spoken English but is expressed using signs and nonmanual markers.
"Birth to literacy plan" means a longitudinal plan developed and implemented by the multiagency task force created pursuant to subsection (c) of this Code section to ensure that each child who is deaf or hard of hearing develops his or her maximal language and literacy abilities. This plan may include, but is not limited to, a child's Individualized Family Service Plan and Individualized Education Program.
"Commission" means the Georgia Commission for the Deaf or Hard of Hearing.
"Deaf or hard of hearing" means possession of hearing levels, absent the aid of a hearing device, that in any way impedes an individual's ability to perceive sound.
"Home language" means a language that is most commonly spoken by members of a family for everyday interactions at home, including English and all foreign languages.
"Individualized Education Program" means a written education plan for children in special education, from age three through high school graduation or a maximum age of 22, that is meant to address each child's unique learning issues and include specific educational goals. The plan shall be created through a team effort and reviewed periodically.
"Individualized Family Service Plan" means a plan for special services for young children, from birth to age three, with developmental delays. The plan is developed with the service coordinator, the family, and other professionals. The plan is set up to identify individual supports and services that will enhance the child's development. The plan must include an assessment of the child's present level of development, a statement of goals, and support services that will be put in place to achieve those goals, and the date services begin.
"Language" means the age appropriate development of human communication, spoken, written, or signed, consisting of the use of words and signs in a structured and conventional way.
"Literacy" means age appropriate, on-grade-level development of the comprehension and production of written text in English.
"Nonmanual markers" means various facial expressions, head tilting, shoulder raising, mouthing, and similar signals added to hand signs to create meaning.
"Spoken English" means when the English language is produced by one's voice for the purpose of linking words together to convey meaning that can also be written. Spoken English is perceived through listening and speech reading.
There is created the Georgia Commission for the Deaf or Hard of Hearing, which shall consist of 12 members. Ten of the members shall be appointed by the Governor as follows: one member shall be deaf or hard of hearing whose primary language is American Sign Language, one member shall be deaf or hard of hearing whose primary languages are Spoken English and American Sign Language, one member shall be deaf-blind, one member shall be deaf or hard of hearing whose primary language is Spoken English, one member who became deaf after the age of 18 years, one member shall be a parent of a child who uses Spoken English exclusively, one member shall be a parent of a child who uses American Sign Language, one member shall be an otolaryngologist or audiologist who serves people who are deaf or hard of hearing, one member shall be a private provider of services for people who are deaf or hard of hearing, and one member shall be involved with programs that serve people who are deaf or hard of hearing. An additional two members shall be appointed as follows: one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
The commission shall select one member as chairperson.
The commission shall be attached to the Department of Human Services for administrative purposes only as provided by Code Section 50-4-3.
Members of the commission shall serve as such without compensation.
The commission shall serve as the principal agency of the state to advocate on behalf of deaf or hard of hearing persons by working to ensure those persons have equal access to the services, programs, and opportunities available to others.
The commission shall:
Assist deaf or hard of hearing persons and parents of such persons who are students in advocating for equal access to services, programs, and opportunities;
Advise the Governor, General Assembly, commissioner of human services, and commissioner of community health on the development of policies, programs, and services affecting deaf or hard of hearing persons and on the use of appropriate federal and state moneys for such purposes;
Create a public awareness of the special needs and potential of deaf or hard of hearing persons;
Provide the Governor, General Assembly, commissioner of human services, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting deaf or hard of hearing persons;
Advise the Governor, General Assembly, commissioner of human services, and commissioner of community health on statutes, rules, and policies necessary to ensure that deaf or hard of hearing persons have equal access to benefits and services provided to individuals in this state;
Recommend to the Governor, General Assembly, commissioner of human services, and commissioner of community health legislation designed to improve the economic and social conditions of deaf or hard of hearing persons in this state;
Propose solutions to problems of deaf or hard of hearing persons in the areas of education, employment, human rights, human services, health, housing, and other related programs;
Work with other state and federal agencies and private organizations to promote economic development for deaf or hard of hearing persons; and
The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of deaf or hard of hearing persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Services. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives.
The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection.
The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human services, and commissioner of community health concerning the activities of the commission and the needs and concerns of deaf or hard of hearing persons.
There is created within the Georgia Commission for the Deaf or Hard of Hearing a multiagency task force for the purposes of establishing a system of collaborative governance responsible for making recommendations to the General Assembly and the Governor regarding essential improvements to the state-wide system of developmental and educational services that support age-appropriate language and literacy proficiency for children who are deaf or hard of hearing from birth to third grade; engaging with stakeholders at the Department of Public Health, the Department of Early Care and Learning, and the Department of Education to ensure a seamless, integrated system of care from birth to literacy for children who are deaf or hard of hearing; and developing and supporting interagency practices and policies that support the implementation of individualized birth to literacy plans for each child who is deaf or hard of hearing.
The multiagency task force shall consist of eight members appointed by the Georgia Commission for the Deaf or Hard of Hearing. Such appointed members shall include: the chairperson of the commission, one member from the Department of Education with direct authority over deaf education in the state, one member from the Department of Public Health with direct authority over the early intervention program, one member from the Department of Early Care and Learning with direct authority over the preschool program, the coordinator of the early hearing detection and intervention program administered by the Department of Public Health, one member from the Department of Public Health with direct responsibility of current data management systems which track and monitor early identification and intervention for deaf or hard of hearing children, one member from the Department of Education with direct responsibility of current data management systems which track, monitor, and assess deaf or hard of hearing children, and one member from the State Board of Education. Each task force member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the task force for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. A quorum of the task force shall be two-thirds of the members of the task force. Action of the task force shall require a two-thirds' vote of the entire task force membership.
The task force may appoint, subject to the availability of funds and approval of the chairperson, an executive director who must be experienced in administrative activities and familiar with the individualized needs of children who are deaf or hard of hearing. The task force may delegate to the executive director any powers and duties required to facilitate the task force's policies, activities, and objectives. The executive director may be removed, at any time, by a majority vote of the task force. The executive director shall coordinate with the Department of Human Services to provide necessary support services to the task force.
The chairperson shall call an organizational meeting of the task force on or before August 1, 2018.
There is created a stakeholder advisory committee to provide information and guidance to the task force created pursuant to subsection (c) of this Code section.
The stakeholder advisory committee shall consist of 13 members appointed by the commission based upon the following criteria for each member:
Each committee member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the committee for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Seven members of the committee shall constitute a quorum. Action of the committee shall require a two-thirds' vote of the entire committee membership.
The task force, with counsel from the stakeholder advisory committee, shall provide the commission:
The recommendations provided for in subsection (e) of this Code section shall require a two-thirds' affirmative vote of the entire task force membership prior to implementation. It is the intent of the General Assembly that all costs associated with the implementation of such recommendations shall be funded, as available, by the funds designated to the Department of Public Health, the Department of Early Care and Learning, and the Department of Education, or local school systems.
The Georgia Technology Authority, in conjunction with the Department of Public Health, the Department of Early Care and Learning, and the Department of Education, shall establish a process by which early intervention, early learning, and school age educational data for children who are deaf or hard of hearing will be shared among agencies and used to gauge the progress of age-appropriate and on-grade-level student performance from birth through high school graduation for every child who is deaf or hard of hearing. This data shall be used to align early intervention and educational services and performance for children who are deaf or hard of hearing. Interagency data management shall allow for the sharing of demographic information and other data among agencies to ensure a seamless and integrated service delivery from birth through high school graduation. Parents or guardians may opt out of the data management, if desired.
In order to identify and monitor the language and literacy progress of all children in Georgia who are diagnosed as deaf or hard of hearing on or after August 1, 2018, all such children shall receive Georgia Testing Identification Numbers (GTIDs) from the Department of Education once the Department of Public Health receives an official diagnosis of hearing loss from a certified audiologist. The Department of Public Health shall be responsible for requesting GTIDs from the Department of Education on a monthly schedule. The Department of Public Health shall be responsible for entering the GTIDs into the Early Hearing Detection and Intervention Database used to monitor children who are deaf or hard of hearing. At the time of transition, the Department of Public Health shall be responsible for sharing GTIDs and language and literacy data with the Department of Early Care and Learning and the Department of Education to ensure a seamless and integrated service delivery from Part C to Part B of the Individuals with Disabilities Education Act (IDEA). Any gathering and sharing of data under this provision must comply with Health Insurance Portability and Accountability Act (HIPAA), Family Education Rights and Privacy Act (FERPA), and IDEA, and any other applicable federal or state law.
A report detailing the provision of early intervention and school-age services and the language and literacy outcomes for children who are deaf or hard of hearing between the ages of birth and eight years shall be completed on or before September 1, 2019, and a similar report shall be completed on or before September 1 every year thereafter. Such report shall be jointly authored by the Department of Public Health, the Department of Early Care and Learning, and the Department of Education and approved by the commission and the advisory committee. The commission shall make the report available to the public on its website and present this report to the Governor and General Assembly no later than September 15, 2019, and every September 15 thereafter.
Coordinate its efforts with other state and local agencies serving deaf or hard of hearing persons.
A parent of a child, under ten years of age, who is deaf or hard of hearing and who uses American Sign Language;
A parent of a child, under ten years of age, who is deaf or hard of hearing and who uses Spoken English exclusively;
A parent of a child, under ten years of age, who is deaf or hard of hearing and for whom English is a second language;
An adult who is deaf or hard of hearing who uses American Sign Language;
An adult who is deaf or hard of hearing who uses Spoken English exclusively;
A certified early intervention specialist who works with children from birth to three years of age using American Sign Language;
A certified early intervention specialist who works with children from birth to three years of age using Spoken English exclusively;
A certified early intervention specialist with experience in non-Metro Atlanta areas;
A certified teacher who uses Spoken English exclusively during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in non-Metro Atlanta school systems;
A certified teacher who uses both American Sign Language and Spoken English during instruction for deaf or hard of hearing children between pre-kindergarten through third grade;
A certified deaf teacher who uses American Sign Language during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in a state school for the deaf;
A certified teacher who uses Spoken English exclusively during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in Metro Atlanta school systems; and
A pediatric audiologist with knowledge of language development who provides audiological assessment and management for hearing aids, cochlear implants, and bone-conduction aids for children who are deaf or hard of hearing.
A list of developmental milestones necessary for progressing toward age-appropriate language, including American Sign Language, Spoken English, and home language milestones, and English literacy proficiency by the end of third grade for deaf or hard of hearing children;
A comprehensive and accurate resource, web-based and print-based, for use by parents and professionals to monitor the individual progress of children who are deaf or hard of hearing toward age-appropriate language as chosen by a parent or guardian, including American Sign Language, Spoken English, home language, and English literacy proficiency, by the end of third grade;
A list of currently available assessments appropriate for evaluating an individual child's progress toward age-appropriate language as chosen by a parent or guardian, including American Sign Language, Spoken English, home language, and English literacy proficiency, by the end of third grade, and a standard administration schedule for each type of assessment. There shall be, at a minimum, one language assessment every six months and one literacy assessment every six months beginning at the date of enrollment in early intervention or school; and
An individual report of a child's current functioning, developed in collaboration with professionals and the parents or caregivers, that will be used for the purpose of supporting a child's progress toward age-appropriate language as chosen by a parent or guardian and English literacy proficiency by the end of third grade. (Code 1981, § 30-1-5 , enacted by Ga. L. 1989, p. 1636, § 1; Ga. L. 2007, p. 241, § 1/HB 655; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228; Ga. L. 2018, p. 899, § 1/HB 844.)
The 2018 amendment, effective May 8, 2018, rewrote subsections (a) and (b) and added subsections (c) through (h).
Cross references. - Special education services, § 20-2-152 .
Deaf Child's Bill of Rights, § 20-2-152.1 .
Editor's notes. - By resolution (Ga. L. 1993, p. 1961), the General Assembly created the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing, to be abolished December 31, 1993.
The General Assembly finds that:
American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, and symbols, and is one of hundreds of signed languages of the world; and
American Sign Language is the fourth most commonly used language in the United States and Canada. (Code 1981, § 30-1-6 , enacted by Ga. L. 2007, p. 290, § 2/SB 170.)
Editor's notes. - This Code section formerly pertained to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons. The former Code section was based on Code 1981, § 30-1-6 , enacted by Ga. L. 1996, p. 665, § 1. For present comparable provisions, see Code Section 16-11-107.1 .
CHAPTER 2 GEORGIA INDUSTRIES FOR THE BLIND
30-2-1. Creation.
30-2-2. Purpose.
30-2-3. Supervision of industries by Georgia Vocational Rehabilitation Agency; acquisition of property.
30-2-4. Superintendents for industries; operation of industries generally; purchase of goods manufactured at industries by state institutions.
30-2-5. Articles to be manufactured by industries.
30-2-6. Authority of industry superintendents to permit work to be done in homes of workers.
30-2-7. Compensation of workers; observance of and payment for state holidays.
30-2-8. Promotion, demotion, and layoff of employees; transfer; departure and return of employees.
30-2-9. Surplus funds retained as working capital.
Cross references. - Blindness education, screening, and treatment program, § 31-1-23 .
Applicability of federal law to the Factory (now Industries) for the Blind. - See 1948-49 Op. Att'y Gen. p. 723.
There is created the Georgia Industries for the Blind.
(Ga. L. 1937, p. 579, § 1; Ga. L. 1982, p. 830, § 1.)
The purpose of the industries is to furnish to those citizens of Georgia who are blind or who have not more than 10 percent vision a means of supporting themselves; to furnish an opportunity for those who are mentally gifted to earn a living by working in short shifts as well as to develop their talents for literature, poetry, music, or otherwise; and to furnish a home to workers who desire it.
The industries shall be state institutions under the direction and supervision of the Georgia Vocational Rehabilitation Agency.
The Georgia Vocational Rehabilitation Agency is authorized to provide the property necessary for the industries. The Georgia Vocational Rehabilitation Agency may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the agency may enter into rental agreements in order to acquire the needed space.
(Ga. L. 1937, p. 579, § 5; Ga. L. 1949, p. 544, § 3; Ga. L. 1960, p. 172, § 1; Ga. L. 1972, p. 1015, § 1220; Ga. L. 1982, p. 830, § 1; Ga. L. 1984, p. 1017, § 1; Ga. L. 2000, p. 1137, § 5.1; Ga. L. 2012, p. 303, § 4/HB 1146.)
Industries are department of state and subject to Workers' Compensation Act. - It is clear that the factory (now industries) is a department of the State of Georgia, and subject to provisions of the Workers' Compensation Act, (see now O.C.G.A. Ch. 9, T. 34). 1948-49 Op. Att'y Gen. p. 723.
Industries excluded from provisions of Fair Labor Standards Act. - The factory (now industries) designated by and made a state institution by the General Assembly of Georgia is excluded from provisions of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq. 1948-49 Op. Att'y Gen. p. 723.
There shall be superintendents for the industries. Preference shall be given to blind persons with the skill and experience to perform such jobs. The department shall provide for the equipment, maintenance, and management of the industries; shall provide for the selection and eligibility of applicants for admission to an industry; shall provide for the sale of supplies manufactured at the industries to the departments of the state, its subdivisions, and institutions, and to the federal government and other states and to individual and corporate dealers in such supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of profits, subject to this chapter; and shall provide all other rules for the proper management of the industries not in conflict with this chapter. The department shall procure necessary machinery, equipment, and furnishings for the industries; shall make contracts for power, lighting, and heating; and shall arrange for all other things necessary and proper for the conduct of the industries.
All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases to goods manufactured at the industries, provided said goods are of equal quality and competitive in price.
(Ga. L. 1937, p. 579, § 6; Ga. L. 1960, p. 172, § 2; Ga. L. 1982, p. 830, § 1.)
The plan of operation of the industries shall be to manufacture supplies such as brooms, brushes, mops, mattresses, desks, and office, school, and other furniture which are in the capacity of the blind to make and which are extensively used by the various departments of the state, its political subdivisions, and its educational, penal, and other institutions; provided, however, that this enumeration is partial and not exclusive of articles that may be manufactured in the industries.
Where, in the opinion of the industry superintendents, any part of the work necessary to the production of any commodity can be practically and satisfactorily done in the home of the worker, as in the hemming of towels or other needlework, the superintendents shall have authority to permit and to arrange for such work to be so done.
Each worker in an industry who is otherwise entitled to share in the benefits provided for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the amount received as compensation for his or her services in the industry, receive from the Department of Human Services such amount of public assistance as shall be determined in accordance with the regulations approved by the commissioner of human services.
All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his or her daily compensation is not fixed, but rather is based upon a production basis, he or she shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him or her during the immediately preceding 30 day period, holidays and Sundays excluded. The Georgia Vocational Rehabilitation Agency is authorized and directed to pay such compensation from the funds appropriated to and available for the agency.
(Ga. L. 1937, p. 579, § 8; Ga. L. 1963, p. 137, § 1; Ga. L. 1982, p. 830, § 1; Ga. L. 2000, p. 1137, § 5.2; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228; Ga. L. 2012, p. 303, § 5/HB 1146.)
Cross references. - Public and legal holidays, § 1-4-1 .
Whenever the skill and experience of two employees are relatively equal, seniority shall control in all questions of promotion, demotion, or layoff. When skill and merit are relatively equal between employees, the employee with the greater seniority shall have the first right to obtain or refuse any transfer. When any worker in the industries leaves to accept other employment outside the industries, he shall have the right to return to the industries within one year from the date of leaving and resume his former seniority and employee privileges.
Surplus funds designated as reserve funds accruing at the industries in any fiscal year shall not lapse to the state treasury but may be reserved by the industries as working capital.
(Ga. L. 1970, p. 557, § 1; Ga. L. 1980, p. 759, § 1; Ga. L. 1982, p. 830, § 1; Ga. L. 2000, p. 1137, § 5.3.)
CHAPTER 3 ACCESS TO AND USE OF PUBLIC FACILITIES BY PERSONS WITH DISABILITIES
30-3-1. Purpose and intent of chapter.
30-3-3. Applicable standards and specifications; granting of exemptions.
30-3-3.1. Redesignated.
30-3-4. Covered multifamily dwellings; building entrance on accessible route required; applicable standards and specifications.
30-3-5. Specific amenities required to be provided.
30-3-6. Parking lot spaces.
30-3-7. Administration and enforcement of chapter.
30-3-8. Penalty.
30-3-9. Effectiveness of chapter in relation to federal law.
Cross references. - Department of Transportation aid for transportation services for elderly and disabled persons, § 49-2-13.1 .
Editor's notes. - Ga. L. 1981, p. 1469, set forth a resolution as to enactment, adoption, and promulgation of ordinances and resolutions by political subdivisions "with a view towards making it as easy as possible for handicapped persons to live in a manner similar to other citizens of this state with particular emphasis on residences for handicapped citizens."
Ga. L. 1984, p. 1255, § 1, effective July 1, 1984, repealed the Code sections formerly codified at this chapter and enacted the current chapter. The former chapter consisted of §§ 30-3-1 through 30-3-1 9 and was based on Ga. L. 1972, p. 750, §§ 1, 2, and 5 through 22; Ga. L. 1977, p. 552, §§ 1, 2, and 4 through 6; Ga. L. 1981, p. 1779, § 10; and Ga. L. 1982, p. 3, § 30.
Law reviews. - For note, "Breaking the Binary: Desegregation of Bathrooms," see 36 Ga. St. U.L. Rev. 381 (2020).
Waiver of standards. - Standards may be waived by the appropriate authority upon a showing of impracticality or lack of necessity. 1984 Op. Att'y Gen. No. 84-61.
Extent of accessibility in buildings. - Every floor or every room of every building subject to O.C.G.A. Title 30, Ch. 3 must be accessible to the handicapped, provided that the floor or room in question is used by the public or might be a place of employment for an elderly or handicapped citizen. 1984 Op. Att'y Gen. No. 84-61.
Bathroom accessibility. - If on every floor made accessible to the handicapped, one bathroom is made accessible to the handicapped, all other bathrooms on that floor must also be made accessible to the handicapped, unless the requirement is waived. 1984 Op. Att'y Gen. No. 84-61.
Elevators. - An elevator is not required in all buildings subject to O.C.G.A. Title 30, Ch. 3 which are two stories or more in height, although as a practical matter the requirement of handicap accessibility will often have to be met by the installation of elevators. 1984 Op. Att'y Gen. No. 84-61.
Hospital rooms. - The "temporary lodging unit" exemption in former O.C.G.A. § 30-3-2(5) (see now O.C.G.A. § 30-2-5(8)) could properly be relied upon by a private hospital, although care should be taken to ensure that a patient was placed in a disabled access room or ward if the patient or his or her visitors were disabled. 1984 Op. Att'y Gen. No. 84-61.
Jail cells. - Although the "temporary lodging unit exemption" by its terms does not apply to government funded facilities, including jails and hospitals, a jail cell is not "used by the public" and so does not fall within the general terms of O.C.G.A. Title 30, Ch. 3. 1984 Op. Att'y Gen. No. 84-61.
Places of worship are not exempt from the requirements of O.C.G.A. Title 30, Chapter 3. 1995 Op. Att'y Gen. No. 95-20.
ALR. - Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public, 82 A.L.R.4th 121.
Service Animals Under Americans with Disabilities Act, 42 U.S.C.A. §§ 12101 et seq., 53 A.L.R. Fed. 3d 1.
The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable persons with disabilities or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.
(Code 1981, § 30-3-1 , enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1995, p. 1302, § 1.)
Cross references. - Selection of polling places so as to allow access to disabled voters, § 21-2-265 .
Editor's notes. - Application, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rules of Safety Fire Commissioner, § 120-3-20-.02.
Cited in Hollis & Spann, Inc. v. Hopkins, 301 Ga. App. 29 , 686 S.E.2d 817 (2009).
Defense of Claim Brought Under the Americans with Disabilities Act, 49 Am. Jur. Trials 171.
ALR. - Validity, construction, and application of § 302 of Americans with Disabilities Act (42 U.S.C.S. § 12182), prohibiting discrimination on basis of disability by owners or operators of places of public accommodation, 136 A.L.R. Fed 1.
What constitutes federal financial assistance for purposes of § 504 of Rehabilitation Act (29 USCA § 794), which prohibits any program or activity receiving federal financial assistance from discriminating on basis of disability, 147 A.L.R. Fed. 205.
When is individual regarded as having or perceived to have impairment within meaning of Americans with Disabilities Act (42 USCA § 12102(2)(c)), 148 A.L.R. Fed. 305.
When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 USCA § 12132, 163 A.L.R. Fed. 339.
Web site as "public accommodation" for purposes of federal or state civil rights statutes, 7 A.L.R.7th 1.
"ADAAG" means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register.
"Adaptable" is further explained as follows:
Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ADAAG to be added for the occupant without major structural alteration;
Items not installed at the time of construction under the adaptable provisions of ADAAG, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a person with disabilities, within 30 days after his or her application for occupancy is approved by the owner.
"American National Standards Institute specifications (ANSI standards)" means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities.
"Commissioner" means the Safety Fire Commissioner provided for in Chapter 2 of Title 25.
"Covered multifamily dwelling" means a building which had first occupancy after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator.
"Facilities" shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public.
"Government buildings" means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds.
"Public buildings" means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding covered multifamily dwellings; provided, however, that this chapter shall require fully accessible or adaptable units in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided, further, that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall.
"Reasonable number" for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, as used in Code Section 30-3-4, shall mean the minimum number as established by ADAAG.
"Reasonable number" for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, as used in Code Section 30-3-4 shall be defined for each of the following standards to mean:
"Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reasonable number" shall be determined as follows:
"Accessible entrances (ANSI 4.14) in a reasonable number" means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by persons with disabilities;
"Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number" means that for every floor which is to be made accessible to and usable by persons with disabilities at least one toilet room, bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.22; and
"Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number" means the following:
"Renovation" means:
If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard;
Any component of a building, structure, or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or
The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision. (Code 1981, § 30-3-2 , enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1985, p. 863, § 1; Ga. L. 1987, p. 1425, § 1; Ga. L. 1988, p. 1556, § 1; Ga. L. 1992, p. 2461, §§ 1, 2; Ga. L. 1995, p. 1302, § 1.)
Total number of Number of designated parking spaces accessible parking spaces ---------------- -------------------------- 1-400 A minimum number of 1 space or 2 percent of the total provided, whichever is greater 401 and greater 8 spaces plus 1 percent of the total provided above 401
Number of accessible Total number spaces required ------------ --------------- Up to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, in paragraph (3) (now paragraph (6)) "is" was substituted for "are".
Pursuant to Code Section 28-9-5, in 1987, subparagraph (6)(F) (now paragraph (10)) was redesignated as subparagraph (6)(D) (now subparagraph (10)(D)) and "this Code section" was substituted for "Code Section 30-3-2" in subparagraphs (7)(A) and (7)(B) (now subparagraphs (11)(A) and (11)(B)).
Pursuant to Code Section 28-9-5, in 1988, a comma was added following "structure" in subparagraph (7)(B) (now subparagraph (11)(B)).
Pursuant to Code Section 28-9-5, in 1995, "provided" was deleted following "total provided" in the second column of the second entry in subparagraph (10)(A).
Cap on fully accessible or adaptable apartment units. - Covered multifamily dwellings are not subject to the 2 percent cap on fully accessible or adaptable rental apartment complexes of 20 units or more as provided in O.C.G.A. § 30-3-2(8) . 1997 Op. Att'y Gen. No. U97-24.
Am. Jur. 2d. - 13 Am. Jur. 2d, Buildings, §§ 1, 12 et seq.
All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAG and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) of Code Section 30-3-2; and 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 specifications A117.1-1986 for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) or subparagraph (C) of paragraph (11) of Code Section 30-3-2; provided, however, that nothing in this Code section 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; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted.
(Code 1981, § 30-3-3 , enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1985, p. 149, § 30; Ga. L. 1985, p. 863, § 2; Ga. L. 1986, p. 10, § 30; Ga. L. 1987, p. 1425, § 1; Ga. L. 1988, p. 1556, § 2; Ga. L. 1995, p. 1302, § 1.)
Request for modification of specific requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rules of Safety Fire Commissioner, § 120-3-20-.05.
Parking space designation for persons with disabilities, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rules of Safety Fire Commissioner, § 120-3-20-.06.
Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 518, 519.
Editor's notes. - Ga. L. 1995, p. 1302, § 1, effective July 1, 1995, redesignated former Code Section 30-3-3.1 as present Code Section 30-3-4.
Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430.
All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
In such a manner that:
The public and common use areas are readily accessible to and usable by persons with disabilities;
All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
All premises within covered multifamily dwelling units contain the following features of adaptable design:
An accessible route into and through the covered dwelling unit;
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are provided; and
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or
To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 30-3-5 . (Code 1981, § 30-3-3 .1, enacted by Ga. L. 1992, p. 2461, § 3; Code 1981, § 30-3-4 , as redesignated by Ga. L. 1995, p. 1302, § 1.)
Editor's notes. - Ga. L. 1995, p. 1302, § 1, effective July 1, 1995, redesignated former Code Section 30-3-4 as present Code Section 30-3-5.
U.S. Code. - The reference to the federal Fair Housing Amendments Act of 1988, Public Law 100-430 in this Code section is codified at 28 U.S.C. § 2341, 2342; 42 U.S.C. §§ 3602, 3604, 3605, 3608, 3610-3614, 3614a-3616, 3617-3619.
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 specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities, except as otherwise provided in paragraph (10) and subparagraph (C) of paragraph (11) of Code Section 30-3-2 and except that nothing in this Code section 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, without limiting the generality of the foregoing, shall provide the following amenities for persons with disabilities, as appropriate:
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 American National Standards Institute specifications A117.1-1986 (A4.6.2);
Accessible entrances in a reasonable number;
Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and
Accessible seating, tables, and work surfaces in a reasonable number. (Code 1981, § 30-3-4 , enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1985, p. 863, § 3; Ga. L. 1987, p. 1425, § 1; Ga. L. 1988, p. 1556, § 3; Code 1981, § 30-3-5 , as redesignated by Ga. L. 1995, p. 1302, § 1.)
Cross references. - Standards for construction of curb ramps, § 32-4-94 .
Reservation of special parking places for persons with disabilities, § 40-6-220 et seq.
ALR. - Liability for injury to elevator passenger as affected by the fact that sides of car are open and unprotected, 57 A.L.R. 259 .
What is "passenger elevator" within safety statute or regulation, 77 A.L.R.2d 477.
In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July 1, 1995, shall include at least one parking space for persons with disabilities accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver.
Compliance with this Code section may be waived under the same conditions as provided in Code Section 30-3-3 . (Code 1981, § 30-3-4.1 , enacted by Ga. L. 1987, p. 1425, § 1; Ga. L. 1988, p. 1556, § 4; Code 1981, § 30-3-6 , as redesignated by Ga. L. 1995, p. 1302, § 1.)
Except for buildings under the jurisdiction of the Board of Regents of the University System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter.
With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-5 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect or engineer who prepared them in a manner acceptable to the Commissioner. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-4.1. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph;
In any case where the Commissioner denies approval under subparagraph (A) of this paragraph or an exemption under subparagraph (C) of this paragraph, the rights and remedies of the person submitting the same shall be those provided by Chapter 2 of Title 33;
Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.
The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No construction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction.
Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Sections 30-3-3 and 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction.
In the performance of their responsibilities under this chapter, all state rehabilitation agencies and appropriate elected or appointed officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or any combination thereof, having jurisdiction over the buildings in question.
The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or any combination thereof, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this chapter and its application.
The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph (11) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail or statutory overnight delivery of the alleged violation of the provisions of subparagraph (C) of paragraph (11) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subparagraph (C) of paragraph (11) of Code Section 30-3-2.
The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. Such rules, regulations, and procedures shall not be less restrictive than those established by the Commissioner.
The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. (Code 1981, § 30-3-5 , enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1985, p. 149, § 30; Ga. L. 1985, p. 863, § 4; Ga. L. 1988, p. 1556, § 5; Code 1981, § 30-3-7 , as redesignated by Ga. L. 1995, p. 1302, § 1; Ga. L. 2000, p. 1589, § 3.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, in the second sentence of subsection (b) "Code Sections" was substituted for "Code Section".
Pursuant to Code Section 28-9-5, in 1988, "subparagraph (A) of this paragraph" and "subparagraph (C) of this paragraph" were substituted for "subparagraph (2)(A) of this subsection" and "subparagraph (2)(C) of this subsection", respectively, in subparagraph (a)(2)(B).
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (f)(2) is applicable with respect to notices delivered on or after July 1, 2000.
Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.
(Code 1981, § 30-3-6 , enacted by Ga. L. 1984, p. 1255, § 1; Code 1981, § 30-3-8 , as redesignated by Ga. L. 1995, p. 1302, § 1.)
Superior knowledge of owner. - Mere prior use by a disabled person does not give the disabled individual equal knowledge to the owner/occupier of a specific static defect that the regulations and guidelines prohibit as dangerous, when the owner/occupier is under a continuing statutory mandate by O.C.G.A. § 30-3-8 to provide a safe handicap access ramp, defect-free and compliant with detailed regulations and guidelines to protect the disabled in use of the ramp, and when, in fact, the ramp is non-compliant, creating a static dangerous defect specifically prohibited by the regulations. Val D'Aosta Co. v. Cross, 241 Ga. App. 583 , 526 S.E.2d 580 (1999).
Any provision of this chapter which affords persons with disabilities greater access than is required by federal law shall be fully effective.
Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guidelines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section. (Code 1981, § 30-3-7 , enacted by Ga. L. 1992, p. 2461, § 4; Code 1981, § 30-3-9 , as redesignated by Ga. L. 1995, p. 1302, § 1.)
U.S. Code. - The reference to the federal Fair Housing Amendments Act of 1988, Public Law 100-430 in subsection (b) is codified at 28 U.S.C. §§ 2341, 2342; 42 U.S.C. §§ 3602, 3604, 3605, 3608, 3610 - 3614, 3614a - 3616, 3617 - 3619.
CHAPTER 4 RIGHTS OF PERSONS WITH DISABILITIES
30-4-2. Right to equal public accommodations; right to be accompanied by guide dog or service dog.
30-4-3. Right to housing accommodations.
30-4-4. Denial of or interference with admittance to or enjoyment of facilities or exercise of rights.
30-4-5. Prohibition on discrimination against legally blind in matters of child custody, guardianship, foster care, visitation, placement, and adoption; regulation.
Cross references. - Hearing screenings for newborns, § 31-1-3.2 .
ALR. - Release of Claim Against School District for Violation of Rights of Student with Disability, 56 A.L.R.7th 3.
"Housing accommodations" means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
"Physically disabled person" means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function. (Code 1981, § 30-4-1 , enacted by Ga. L. 2000, p. 1350, § 1.)
Editor's notes. - Ga. L. 2000, p. 1350, § 1, redesignated former Code Section 30-4-1 as present Code Section 30-4-2.
Blind persons, persons with visual disabilities, persons with physical disabilities, and deaf persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such dog. In addition, if such totally or partially blind person, physically disabled person, or deaf person is a student at a private or public school in this state, such person shall have the right to be accompanied by a guide dog or service dog subject to liability for damage as provided in the preceding sentence. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs.
Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs.
Every person engaged in the raising of a dog for training as a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being raised for training as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as:
Such dog is being held on a leash and is under the control of the person raising such dog for an accredited school for seeing eye, hearing, service, or guide dogs;
Such person has on his or her person and available for inspection credentials from the accredited school for which the dog is being raised; and
Such dog is wearing a collar, leash, or other appropriate apparel or device that identifies such dog with the accredited school for which such dog is being raised.
Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog on the entire premises of his or her vending operation. (Ga. L. 1955, p. 155, § 1; Ga. L. 1975, p. 1639, § 1; Ga. L. 1980, p. 1131, § 1; Ga. L. 1991, p. 616, § 1; Ga. L. 1994, p. 1405, § 1; Ga. L. 1995, p. 10, § 30; Ga. L. 1995, p. 1302, § 16; Ga. L. 1998, p. 512, § 1; Code 1981, § 30-4-2 , as redesignated by Ga. L. 2000, p. 1350, § 1; Ga. L. 2007, p. 316, § 1/HB 366.)
Cross references. - Duty of operators of motor vehicles to yield right of way to blind pedestrians, § 40-6-94 .
Duty of carriers to receive passengers, §§ 46-9-130 , 46-9-131 .
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, "persons with visual disabilities" was substituted for "visually persons with disabilities" near the beginning of subsection (a).
Denial of access to lodging. - Based on the innkeeper's refusal to provide lodging for the disabled individual and the individual's service dog, the individual's proposed amended complaint stated valid claims for damages under O.C.G.A. §§ 30-4-2 and 43-21-3 ; the amendment was not futile, and leave to amend pursuant to Fed. R. Civ. P. 15(a) was granted. Amick v. BM & KM, Inc., 275 F. Supp. 2d 1378 (N.D. Ga. 2003).
Cited in Woodruff v. Kroger Co., 475 F. Supp. 147 (M.D. Ga. 1979).
Am. Jur. 2d. - 14 Am. Jur. 2d, Carriers, § 164. 40A Am. Jur. 2d, Hotels, Motels, and Restaurants, §§ 52, 54.
ALR. - Validity, construction, and application of § 302 of Americans with Disabilities Act (42 USCS § 12182), prohibiting discrimination on basis of disability by owners or operators of places of public accommodation, 136 A.L.R. Fed 1.
Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
Every totally or partially blind person, every physically disabled person, and every deaf person who has a guide dog or service dog or who obtains a guide dog or service dog and every person engaged in the training of a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she shall not be required to pay extra compensation for such guide dog or service dog. However, he or she shall be liable for any damage done to the premises by such guide dog or service dog.
Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf person than for a person who is not so disabled. (Ga. L. 1955, p. 155, § 1; Ga. L. 1975, p. 1639, § 1; Ga. L. 1980, p. 1131, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 1996, p. 665, § 2; Ga. L. 1998, p. 512, § 2; Code 1981, § 30-4-3 , as redesignated by Ga. L. 2000, p. 1350, § 1.)
Cross references. - Discrimination in sale, lease, financing, of housing (state policy on fair housing) generally, § 8-3-200 et seq.
Am. Jur. 2d. - 40A Am. Jur. 2d, Housing Laws, § 33.
ALR. - Construction and application of § 804(f) of Fair Housing Act (42 USCA § 3604(f)), prohibiting discrimination in housing because of individual's disability, 148 A.L.R. Fed. 1
Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf person or person engaged in the training or raising of a guide dog or service dog as provided by this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.
(Ga. L. 1955, p. 155, § 2; Ga. L. 1975, p. 1639, § 2; Ga. L. 1980, p. 1131, § 2; Code 1981, § 30-4-4 , as redesignated by Ga. L. 2000, p. 1350, § 1; Ga. L. 2007, p. 316, § 2/HB 366.)
Law reviews. - For note, "No Pets Allowed: The Need to Address Increasing Abuses of Assistance Animal Regulations Under Federal Law," see 36 Ga. St. U.L. Rev. 939 (2020).
Am. Jur. 2d. - 27A Am. Jur. 2d, Entertainment and Sports Law, § 44 et seq.
"Department" means the Department of Human Services.
"Legally blind" means:
Having vision that is 20/200 or less in the best corrected eye; or
Having vision that subtends an angle of not greater than 20 degrees in the best corrected eye.
"Supportive parenting services" means services that may assist a legally blind parent or prospective legally blind parent in the effective use of nonvisual techniques and other alternative methods to enable the parent or prospective legally blind parent to successfully discharge parental responsibilities.
Neither a court, the department, nor a child-placing agency shall deny a party child placement, child custody, visitation, guardianship, foster care, or adoption solely because the party is legally blind, but may consider such factors as provided in paragraph (3) of subsection (a) of Code Section 19-9-3.
Where a parent or prospective parent's disability of being legally blind is alleged to have a detrimental impact on a child, the party raising the allegation shall bear the burden of proving by a preponderance of the evidence that the parent's or prospective parent's disability of being legally blind is endangering or will likely endanger the health, safety, or welfare of the child. If this burden is met, such parent or prospective parent shall have the opportunity to demonstrate how the implementation of supportive parenting services can alleviate parental care concerns, and the court may require such services with an opportunity to review the continuation of such services within a reasonable period of time.
Where a court determines that a legally blind parent's right to custody, visitation, foster care, guardianship, or adoption should be denied or limited in any manner, the court shall make specific findings stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation to prevent such denial or limitation.
The department shall promulgate rules or regulations not later than December 31, 2019, implementing the provisions of this Code section. (Code 1981, § 30-4-5 , enacted by Ga. L. 2019, p. 459, § 2/HB 79.)
Effective date. - This Code section became effective May 2, 2019.
Editor's notes. - Ga. L. 2019, p. 459, § 1/HB 79, not codified by the General Assembly, provides: "(a) The Georgia General Assembly finds that:
"(1) Blind individuals continue to face unfair societal biases regarding their ability to successfully provide parental care;
"(2) Blind individuals face unfair societal biases in family and dependency law proceedings, public and private adoption, guardianship, and foster care proceedings;
"(3) Children of blind individuals are being unnecessarily removed or restricted from parental care; and
"(4) Children are being denied the opportunity to enjoy loving homes with blind parents or other blind caretakers.
"(b) The purpose of this Act is to protect the best interests of children parented by blind individuals or children who could be parented by blind individuals through the establishment of procedural safeguards that require adherence to due process and equal protection rights of blind parents in the context of child welfare, foster care, adoption, and family law."
CHAPTER 5 PROTECTION OF DISABLED ADULTS AND ELDER PERSONS
30-5-2. Legislative purpose.
30-5-4. Reporting of need for protective services; manner and contents of report; immunity from civil or criminal liability; privileged communications.
30-5-4.1. Discrimination and retaliation for reporting prohibited.
30-5-5. Investigation of reports of need for protective services; interference with investigation; provision of protective services.
30-5-6. Cooperation of other public agencies with director; power of director to contract for provision of medical evaluations; regulations.
30-5-7. Confidentiality of public records; reasonable access; redaction in certain circumstances.
30-5-8. Criminal offenses and penalties.
30-5-9. Applicability to employment relationship.
30-5-10. Cooperative effort in development of programs relating to abuse and exploitation of disabled adults, elder persons, and residents of long-term care facilities.
30-5-11. Establishment of Adult Abuse, Neglect, and Exploitation Multidisciplinary Team; membership; duties; creation of memorandum of understanding; confidentiality and limitations on disclosures; reporting and reviews.
Cross references. - Alzheimer's and Related Dementias State Plan, § T. 49, C. 6, Art. 8.
Trafficking of a disabled adult, elder person, or resident; penalty, § 16-5-102.1 .
Residential care facilities for the elderly authorities, T. 31, C. 7, Art. 5.
Administrative Rules and Regulations. - Clients rights, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Services, Mental Health, Developmental Disabilities and Addictive Diseases, Subject 290-4-9.
Law reviews. - For article, "The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Rights of Elderly People under International Law," see 25 Ga. St. U.L. Rev. 527 (2009). For article, "Disability Rights, Disability Discrimination, and Social Insurance," see 25 Ga. St. U.L. Rev. 575 (2009). For article, "'Simplify You, Classify You': Stigma, Stereotypes and Civil Rights in Disability Classification Systems," see 25 Ga. St. U.L. Rev. 607 (2009).
Am. Jur. 2d. - 40A Am. Jur. 2d., Hospitals and Asylums, § 32.
Wrongful Confinement to a Mental Health or Developmental Disabilities, 44 POF3d 217.
Proof of Abuse, Neglect or Exploitation of Older Persons, 53 POF3d 1.
This chapter shall be known and may be cited as the "Disabled Adults and Elder Persons Protection Act."
(Ga. L. 1981, p. 1320, § 1; Ga. L. 1997, p. 700, § 2.)
ALR. - Validity, construction, and application of state civil and criminal elder abuse laws, 113 A.L.R.5th 431.
Remedies available under Americans with Disabilities Act (42 USCS § 12101 et seq.), 136 A.L.R. Fed 63.
To what extent are federal entities subject to suit under § 504(a) of Rehabilitation Act (29 USCA § 794(a)), which prohibits any program or activity conducted by any executive agency or the postal service from discriminating on basis of disability, 146 A.L.R. Fed. 319.
The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services to all disabled adults and elder persons in need of them.
Cross references. - Rights of persons residing in long-term care facilities generally, § 31-8-100 et seq.
Construction of O.C.G.A. § 30-5-8 . - Trial court erred when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., specifically O.C.G.A. § 30-5-8 , because the legislature did not intend for § 30-5-8(a) to apply to sexual acts such as that alleged in the indictment; the most reasonable construction of § 30-5-8(a) is that the legislature did not intend for the statute to apply to sexual acts because the legislature intended for § 30-5-8 to apply only to specifically defined non-sexual acts, and the statute gradually increased the penalties for these non-sexual acts in response to a perceived need to protect disabled persons from "abuse," "neglect," and "exploitation" as defined by the Act, O.C.G.A. § 30-5-3 . Smith v. State, 311 Ga. App. 757 , 717 S.E.2d 280 (2011).
No application to two-party financial transactions. - Court was unconvinced that the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., was designed to apply to a two-party financial transaction, which served as the basis of the creditors' claim. Thompson v. Hornyak (In re Hornyak), Bankr. (Bankr. N.D. Ga. Apr. 1, 2010).
"Abuse" means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person.
(1.1) "Adult Abuse, Neglect, and Exploitation Multidisciplinary Team" means the multiagency team established in each judicial circuit in this state pursuant to Code Section 30-5-11.
"Caretaker" means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law.
"Director" means the director of the Division of Aging Services of the Department of Human Services, or the director's designee.
"Disabled adult" means a person 18 years of age or older who is not a resident, but who:
Is mentally or physically incapacitated;
Has Alzheimer's disease, as defined in Code Section 31-8-180; or
Has dementia, as defined in Code Section 16-5-100.
"Elder person" means a person 65 years of age or older who is not a resident.
"Essential services" means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent.
"Exploitation" means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.
"Fiduciary" shall have the same meaning as set forth in Code Section 7-1-4.
"Financial institution" shall have the same meaning as set forth in Code Section 7-1-4.
"Investment company" means an individual or a corporation, a partnership, a limited liability corporation, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated that:
Is engaged or proposes to engage in the business of effecting transactions in securities;
Is engaged or proposes to engage in the business of issuing securities, or has been engaged in such business and has any certificates outstanding; or
Is engaged or holds itself out to be in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities.
"Long-term care facility" shall have the same meaning as set forth in Code Section 31-8-81.
"Mentally or physically incapacitated" means an impairment which substantially affects an individual's ability to:
Provide personal protection;
Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care;
Carry out the activities of daily living; or
Manage his or her resources.
"Neglect" means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person.
"Protective services" means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person.
"Resident" shall have the same meaning as set forth in Code Section 31-8-81.
"Security" shall have the same meaning as set forth in Code Section 10-5-2.
"Sexual abuse" means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct:
Lewd exhibition of the genitals or pubic area of any person;
Flagellation or torture by or upon a person who is unclothed or partially unclothed;
Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated;
Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
Defecation or urination for the purpose of sexual stimulation of the viewer; or
Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.
(Ga. L. 1981, p. 1320, § 3; Ga. L. 1997, p. 700, § 2; Ga. L. 2000, p. 136, § 30; Ga. L. 2005, p. 509, § 6/HB 394; Ga. L. 2007, p. 219, § 1/HB 233; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2009, p. 725, § 1/HB 457; Ga. L. 2013, p. 524, § 1-5/HB 78; Ga. L. 2015, p. 598, § 1-6/HB 72; Ga. L. 2018, p. 602, § 1/HB 635.)
The 2018 amendment, effective July 1, 2018, added paragraph (1.1).
Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).
Evidence sufficient for conviction. - Evidence was sufficient to support the defendant's convictions for unlawful abuse, neglect, or exploitation of an elder person and unauthorized practice of law, in violation of O.C.G.A. §§ 15-19-51(a)(7) and 30-5-8(a)(1), because the defendant befriended an 89-year-old widower, falsified identification as an attorney, and eventually obtained the widower's car, jewelry, use of the widower's credit cards for unauthorized purposes, and the defendant also forged documents and coerced the widower into changing other documents regarding the widower's estate; the widower was within the definition of "elder person" under O.C.G.A. § 30-5-3 (7.1) (now paragraph (6)), and the acts were within the definition of "exploitation" pursuant to § 30-5-3 (9) (now paragraph (8)). Marks v. State, 280 Ga. 70 , 623 S.E.2d 504 (2005).
Sufficient evidence supported the appellant's convictions on two counts of exploitation of elder person, two counts of theft by taking, and 11 counts of financial-transaction-card fraud based on at least circumstantial evidence that the appellant's mother did not authorize the appellant's near total depletion of various financial accounts by transfers to the appellant's account, ATM withdrawals, money sent to another country, and buying online merchandise, furniture, and jewelry. Anderson v. State, 350 Ga. App. 369 , 829 S.E.2d 453 (2019).
Construction with other law. - In a wrongful death action filed by a decedent-lessee's administrator in which the decedent was killed when crossing a public highway that the lessor did not control, the lessor was properly granted summary judgment, as the administrator failed to show that the lessor was negligent per se, violated O.C.G.A. § 30-5-8 , or that the lessor breached either a common law or private duty owed to the lessee. Walton v. UCC X, Inc., 282 Ga. App. 847 , 640 S.E.2d 325 (2006).
Construction of O.C.G.A. § 30-5-8 . - Trial court erred when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., because the legislature did not intend for O.C.G.A. § 30-5-8 (a) to apply to sexual acts such as that alleged in the indictment; the most reasonable construction of § 30-5-8(a) is that the legislature did not intend for the statute to apply to sexual acts because the legislature intended for § 30-5-8 to apply only to specifically defined non-sexual acts, and the statute gradually increased the penalties for these non-sexual acts in response to a perceived need to protect disabled persons from "abuse," "neglect," and "exploitation" as defined by the Act, specifically O.C.G.A. § 30-5-3 . Smith v. State, 311 Ga. App. 757 , 717 S.E.2d 280 (2011).
"Elder person". - Creditor did not qualify as an elder person after the creditor testified that the creditor was sixty-eight years old at the time of trial; therefore, at the time the loan was procured, in March of 2006, the creditor was sixty-four years of age. Under the definition section of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., an elder person is defined as a person sixty-five years of age or older under O.C.G.A. § 30-5-3 (7.1) (now paragraph (6)). Thompson v. Hornyak (In re Hornyak), Bankr. (Bankr. N.D. Ga. Apr. 1, 2010).
Evidence of disabled adult. - Trial court did not err when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., on the ground that the victim was not "disabled" because the victim read at a first- or second-grade level, did not understand monetary denominations, could not do personal care on a daily basis, and had an IQ of 30, which was well below the borderline of mental retardation. Smith v. State, 311 Ga. App. 757 , 717 S.E.2d 280 (2011).
The following persons having reasonable cause to believe that a disabled adult or elder person has been the victim of abuse, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section:
Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5;
Physical therapists;
Occupational therapists;
Day-care personnel;
Coroners;
Medical examiners;
Emergency medical services personnel, as such term is defined in Code Section 31-11-49;
Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31;
Employees of a public or private agency engaged in professional health related services to elder persons or disabled adults; and
Clergy members.
Any employee of a financial institution or investment company having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution or investment company while that employee is acting as a fiduciary, but only for such assets that the employee is holding or managing in a fiduciary capacity.
When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section.
Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section.
A report that a disabled adult or elder person is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services as designated by the department and to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse, neglect, or exploitation is made to an adult protection agency or independently discovered by the agency, then the agency shall immediately make a reasonable determination based on available information as to whether the incident alleges actions by an individual, other than the disabled adult or elder person, that constitute a crime and include such information in their report. If a crime is suspected, the report shall immediately be forwarded to the appropriate law enforcement agency or prosecuting attorney. During an adult protection agency's investigation, it shall be under a continuing obligation to immediately report the discovery of any evidence that may constitute a crime.
If the disabled adult or person is 65 years of age or older and is a resident, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31.
Reporting required by subparagraph (A) of paragraph (1) of this subsection may be made by oral or written communication. Such report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information.
When a report of a disabled adult's or elder person's abuse, neglect, or exploitation is originally reported to a law enforcement agency, it shall be forwarded by such agency to the director or his or her designee within 24 hours of receipt.
Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, who participates in a required investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of this chapter shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud. Any financial institution or investment company, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation of its employee, unless such financial institution or investment company knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts.
Any suspected abuse, neglect, exploitation, or need for protective services which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse, neglect, exploitation, or need for protective services has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law; provided, however, that a member of the clergy shall not be required to report such matters confided to him or her solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about abuse, neglect, exploitation, or the need for protective services from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of such matters from the confession of the perpetrator.
(Ga. L. 1981, p. 1320, § 4; Ga. L. 1984, p. 785, § 1; Ga. L. 1992, p. 6, § 30; Ga. L. 1996, p. 1608, § 1; Ga. L. 1997, p. 700, § 2; Ga. L. 2000, p. 1085, § 6; Ga. L. 2013, p. 524, § 1-6/HB 78; Ga. L. 2015, p. 598, § 1-7/HB 72; Ga. L. 2018, p. 602, § 2/HB 635.)
The 2018 amendment, effective July 1, 2018, substituted "protection" for "protective" at the beginning of the last sentence of subparagraph (b)(1)(A); substituted "subparagraph (A) of paragraph (1)" for "subparagraph (A)(1)" in the middle of the first sentence of paragraph (b)(2); and, in subsection (c), in the middle of the first sentence, deleted "or" following "protective services," and inserted ", or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team".
Cross references. - Reporting of abuse or exploitation of residents of long-term care facilities, § 31-8-80 et seq.
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1997, a comma was deleted following "investigation" in the last sentence of subsection (c).
Editor's notes. - Ga. L. 2000, p. 1085, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Protection of Elder Persons Act of 2000'."
Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015). For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 93 (2000).
No person shall discriminate or retaliate in any manner against:
Any person who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, who participates in an investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of this chapter; or
Any disabled adult or elder person who is the subject of a report. (Code 1981, § 30-5-4.1 , enacted by Ga. L. 2020, p. 95, § 1/HB 987.)
Effective date. - This Code section became effective June 30, 2020.
When the director receives a report that a disabled adult or elder person is in need of protective services, he or she shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report.
Any person conducting an investigation required by this Code section who is unable to gain access to the disabled adult or elder person as a result of interference by another person may petition the court for an order authorizing the investigation and prohibiting interference therewith, which petition shall allege specific facts in support thereof. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds probable cause to believe that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is interfering with the conduct of an investigation required under this Code section, the court may issue an order authorizing that investigation and prohibiting interference therewith by any person.
If as a result of an investigation conducted under this chapter the director determines that a disabled adult or elder person is in need of protective services, the director shall immediately provide or arrange for protective services for any disabled adult or elder person who consents thereto.
Any person providing protective services as authorized by subsection (c) of this Code section who determines that another person is interfering with the provision of such services may petition the court for an order authorizing such services and prohibiting interference therewith. Such petition shall allege specific facts in support thereof, including, but not limited to, the results of any investigation required to be made under this chapter. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds by clear and convincing evidence that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is interfering with the provision of such services, the court may issue an order authorizing the provision of such services and prohibiting the interference therewith by any person.
Protective services may not be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing in this chapter shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult or elder person pursuant to Chapters 4 and 5 of Title 29.
A hearing on any petition filed under this Code section shall be held no sooner than five and no later than ten days after such petition is filed, unless a continuance is granted. At least three days prior to such hearing, notice thereof shall be served on the petitioner and notice and copy of the petition shall be served on the person alleged to be a disabled adult in need of protective services or an elder person needing protective services and on such person or persons named in the petition as interfering with the investigation or with the provision of protective services, as applicable. Notice shall be served either in person or by first-class mail. Any person willfully violating any order issued pursuant to this Code section shall be in contempt of the court issuing such order and may be punished accordingly by the judge of that court.
The expenses of the court and the hearing officer for any hearing conducted under this Code section shall be the same as those provided in Code Section 37-3-122 and shall be paid as provided therein. A disabled adult or elder person shall be deemed to be a patient under Code Section 37-3-122 only for purposes of determining hearing expenses thereunder. Nothing in this Code section shall authorize the payment of attorney's fees for any hearing conducted under this Code section.
Notwithstanding any other provisions of this Code section, if the director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this subsection shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person.
In any case in which the judge of the court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served.
As used in this Code section, the term "court" means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found.
(Ga. L. 1981, p. 1320, § 5; Ga. L. 1984, p. 785, § 2; Ga. L. 1985, p. 149, § 30; Ga. L. 1997, p. 700, § 2; Ga. L. 1999, p. 562, § 6; Ga. L. 2004, p. 161, § 6; Ga. L. 2005, p. 509, § 7/HB 394; Ga. L. 2013, p. 524, § 1-7/HB 78.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, "subsection" was substituted for "paragraph" in subsection (h).
Editor's notes. - Ga. L. 1999, p. 562, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Crimes Against Elderly Act of 1999'."
Petition for appointment of conservator. - Trial court did not err in denying a ward's petition to strike the affidavit of a psychologist that accompanied a petition for the appointment of a conservator to manage the ward's property and financial affairs because, although the ward did not agree to the appointment of a conservator, the Department of Human Services nevertheless was authorized to petition for the appointment under O.C.G.A. § 30-5-5(e) ; because the department was authorized to petition for a conservatorship, and inasmuch as O.C.G.A. § 29-5-10(c) contemplated that such a petition be supported by the affidavit of a professional, such as a licensed psychologist, the department did not act without any authority when the Department obtained an affidavit from the psychologist. In re Cochran, 314 Ga. App. 188 , 723 S.E.2d 490 (2012).
The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of the director's duties under this chapter.
The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate.
The Board of Human Services shall adopt regulations to ensure the effective implementation of this chapter.
(Ga. L. 1981, p. 1320, § 6; Ga. L. 1997, p. 700, § 2; Ga. L. 2009, p. 453, § 2-3/HB 228.)
All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction.
The following persons or agencies shall have reasonable access to such records concerning reports of elder, disabled adult, or resident abuse:
A prosecuting attorney in this state or any other state or political subdivision thereof, or the United States, who may seek such access in connection with official duty;
Police or any other law enforcement agency or law enforcement personnel of this state or any other state who are conducting an investigation into any criminal offense involving a report of known or suspected abuse, neglect, or exploitation of disabled adults or elder persons;
Agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse, neglect, or exploitation within an agency's scope of authority, unless such records are wholly owned by the federal government; and
Coroners or medical examiners in suspicious death investigations.
Any individual who made a report according to Code Section 30-5-4 can make a request to the department to know if the report or reports made by that individual have been received, whether an investigation was opened or not, and whether the investigation is still open or has been closed, and the department will respond in writing within five business days with this information, but no other case information will be released.
Any time that the record is released pursuant to this Code section, other than to law enforcement or to the district attorney or pursuant to a court order for unredacted records, the name and identifying information of the individual who made the report shall be redacted.
Records or portions of records of abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department may be released to members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team established pursuant to Code Section 30-5-11 for reasonable use in furtherance of the purposes authorized in this Code section.
(Ga. L. 1981, p. 1320, § 7; Ga. L. 1997, p. 700, § 2; Ga. L. 1999, p. 562, § 7; Ga. L. 2009, p. 453, § 2-14/HB 228; Ga. L. 2013, p. 524, § 1-8/HB 78; Ga. L. 2018, p. 602, § 3/HB 635.)
The 2018 amendment, effective July 1, 2018, designated the existing provisions of this Code section as subsection (a); deleted the former second sentence of subsection (a), which read: "Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse, neglect, or exploitation within an agency's scope of authority, or law enforcement personnel who are conducting an investigation into any criminal offense in which a disabled adult or elder person is a victim from having access to such records."; and added subsections (b) through (e).
It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.
Any person violating the provisions of this Code section shall be guilty of a misdemeanor.
Any violation of this Code section shall constitute a separate offense. (Code 1981, § 30-5-8 , enacted by Ga. L. 1984, p. 785, § 3; Ga. L. 1997, p. 700, § 2; Ga. L. 1999, p. 562, § 8; Ga. L. 2001, p. 484, § 1; Ga. L. 2003, p. 298, § 1A; Ga. L. 2007, p. 219, § 2/HB 233; Ga. L. 2009, p. 725, § 2/HB 457; Ga. L. 2010, p. 878, § 30/HB 1387; Ga. L. 2012, p. 351, § 1/HB 1110; Ga. L. 2013, p. 524, § 1-9/HB 78.)
Cross references. - Adult Day Center for Aging Adults Licensure Act, § 49-6-80 et seq.
Construction of O.C.G.A. § 30-5-8 . - Trial court erred when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., because the legislature did not intend for O.C.G.A. § 30-5-8 (a) to apply to sexual acts such as that alleged in the indictment; the most reasonable construction of § 30-5-8(a) is that the legislature did not intend for the statute to apply to sexual acts because the legislature intended for § 30-5-8 to apply only to specifically defined non-sexual acts, and the statute gradually increased the penalties for these non-sexual acts in response to a perceived need to protect disabled persons from "abuse," "neglect," and "exploitation" as defined by the Act, O.C.G.A. § 30-5-3 . Smith v. State, 311 Ga. App. 757 , 717 S.E.2d 280 (2011).
Because there was evidence to support each fact necessary to make out the state's case, the jury was authorized to find that the defendant was guilty beyond a reasonable doubt of family violence battery, O.C.G.A. § 16-5-23.1 , criminal trespass, O.C.G.A. § 16-7-21 , and abuse of an elder person, O.C.G.A. § 30-5-8 ; the victim's recollection of what occurred on the night at issue was contradicted by the victim's contemporaneous statements to neighbors and the police, as well as the victim's statements to the daughter the next morning that the defendant had grabbed the victim by the arm and twisted the arm, thereby causing the wound and other bruises. Laster v. State, 311 Ga. App. 360 , 715 S.E.2d 768 (2011).
Evidence that the defendant falsely convinced the first victim that the victim's grandson needed bail money and falsely convinced the second victim that the defendant was in financial difficulty in Malaysia and trying to return to children in the U.S. was sufficient for the jury to find defendant guilty of two counts of exploitation of an elderly person. Akintoye v. State, 340 Ga. App. 777 , 798 S.E.2d 720 (2017).
Evidence that the defendant assisted the victim in removing $300,000 from the victim's account, the defendant instructed the victim to write the check to "Cash", the defendant deposited the money into the defendant's own account, the victim suffered from dementia and had never given such a large monetary gift, and the signature on the victim's other checks did not match the signature on the $300,000 check supported a conviction for abuse or exploitation of any disabled adult or elder person. Escamilla v. State, 344 Ga. App. 654 , 811 S.E.2d 77 (2018).
Evidence was sufficient to support the defendant's convictions of exploitation of a disabled adult and theft by taking because the jury was presented evidence sufficient from which the jury could conclude that the defendant acted with guilty knowledge and criminal intent when taking funds from the defendant's mother's account, especially after the defendant became the mother's guardian and the conservator of the mother's assets. The evidence showed that the defendant concealed required information on the petition for appointment of a guardian and/or conservator the defendant wrote checks and executed transfers from the mother's individual account to joint accounts and then transferred the money to the defendant's individual account and used the money to pay the defendant's personal expenses. Law v. State, 349 Ga. App. 823 , 824 S.E.2d 778 (2019).
Requirement of residency in long term care facility. - An adult did not qualify for protection under the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq. Although there was credible testimony and evidence that the adult suffered from disabilities following a stroke, under this Act, a disabled adult was limited to a resident of a long-term care facility under O.C.G.A. § 30-5-8(a)(2)(A). Thompson v. Hornyak (In re Hornyak), Bankr. (Bankr. N.D. Ga. Apr. 1, 2010).
Evidence of disabled adult. - Trial court did not err when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., specifically O.C.G.A. § 30-5-8 , on the ground that the victim was not "disabled" because the victim read at a first- or second-grade level, did not understand monetary denominations, could not do personal care on a daily basis, and had an IQ of 30, which was well below the borderline of mental retardation. Smith v. State, 311 Ga. App. 757 , 717 S.E.2d 280 (2011).
RICO conviction did not establish violation of O.C.G.A. § 30-5-8 . - Trial court properly denied an investor's motion for partial summary judgment against a business person on the investor's claim against the business person for improper exploitation of an elderly person, in violation of O.C.G.A. § 30-5-8 , because, although the investor established the business person's civil liability to the investor for the business person's RICO violations, such finding did not establish that the business person also violated § 30-5-8 because the crimes involved exploiting an elderly person and did not correspond to the acts of racketeering activity alleged by the state in the criminal RICO proceedings against the business person. Cox v. Mayan Lagoon Estates Ltd., 319 Ga. App. 101 , 734 S.E.2d 883 (2012).
Fingerprintable offenses. - Violations of O.C.G.A. § 30-5-8(a)(1) and (b)(1) are designated as offenses for which those charged are to be fingerprinted. 1999 Op. Att'y Gen. No. 99-17.
Nothing in this chapter shall be construed to limit the application of Code Section 34-7-1 to the employment relationship between a disabled adult or elder person and his or her employer or to create a new cause of action as a result of the employment relationship.
(Code 1981, § 30-5-9 , enacted by Ga. L. 1997, p. 700, § 2.)
The department, the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse, neglect, and exploitation of disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 16-5-100. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse, neglect, or exploitation of disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 16-5-100, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state.
(Code 1981, § 30-5-10 , enacted by Ga. L. 2000, p. 1085, § 7; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2013, p. 524, § 1-10/HB 78.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 2000, "Officer" was substituted for "Officers" in the first sentence.
Law reviews. - For note on 2000 enactment of O.C.G.A. § 30-5-10 , see 17 Ga. St. U.L. Rev. 93 (2000).
The district attorney of each judicial circuit may establish, or cause to be established, an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team for the purposes of:
Coordinating the collaborative review of suspected instances of abuse, neglect, or exploitation of a disabled adult or elder person pursuant to Chapter 5 of Title 16 or Code Section 30-5-5, 31-7-12.1, or 31-8-83;
Coordinating the collaborative review of responses to suspected instances of abuse, neglect, or exploitation of a disabled adult or elder person, including protective services; and
Identifying opportunities within local jurisdictions to improve policies and procedures in the notification of and response to abuse, neglect, and exploitation given local resources.
As determined by the district attorney or his or her designee, the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall consist of representatives, from within the appropriate judicial circuit, representing these suggested categories:
The district attorney or his or her designee;
Local law enforcement agencies;
The Georgia Bureau of Investigation;
Adult Protective Services of the department's Division of Aging Services;
The state funded licensure activities of the Healthcare Facility Regulation Division of the Department of Community Health;
The Department of Behavioral Health and Developmental Disabilities;
The medical examiner or coroner of that county in which the team exists;
Nonprofit organizations that provide victim services or adult care services;
Local, regional, and state task forces or coordinating entities regarding at-risk adults;
Providers of medical, legal, or housing services or housing facilities to disabled adults or elder persons who are victims of abuse, neglect, or exploitation; and
Any other entity which the district attorney or his or her designee determines is necessary for the successful operation of the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team.
Each Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall:
Meet regularly, as determined by the district attorney or his or her designee; provided, however, that meetings shall be held at least semiannually; and
Coordinate on investigations of instances of unlicensed personal care homes, or of suspected abuse, neglect, or exploitation of disabled adults or elder persons that are based on reports made pursuant to Chapter 5 of Title 16 or Code Section 30-5-4, 31-7-12.1, 31-8-82, or 31-8-83 or reports made or concerns raised by members of the agencies, organizations, or entities represented on the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team.
The district attorney or his or her designee shall coordinate the creation of a memorandum of understanding that describes the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team's procedures and methods of operation in detail, including confidentiality requirements and the sharing of information among such team's members in accordance with subsection (e) of this Code section. The memorandum shall be signed by a representative of each agency, organization, or entity participating in such team.
All records and information acquired by an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons shall be confidential pursuant to Code Sections 30-5-7, 31-8-86, and 37-3-166; furthermore, notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the team shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.
All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the departments included in the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall be available to the members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team for the purpose of investigating or responding to a report of abuse, neglect, or exploitation of a disabled adult, elder person, or resident.
It shall be unlawful for any member of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team to knowingly disclose, receive, make use of, or authorize, or knowingly permit, participate in, or acquiesce to the use of, any information received or generated in the course of the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team's investigations, responses, or activities to any third party; provided, however, that disclosure may be made to persons and entities directly involved in the administration of this Code section, including:
Persons providing protective services necessary for the disabled adult or elder person;
Representatives of law enforcement;
Grand juries or courts in the exercise of official business;
Members of such Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams; and
Persons engaged in bona fide research or audit purposes; provided, however, that only information in the aggregate without identifying information shall be provided for research or audit purposes and confidentiality of the data shall be maintained.
Unless expressly provided otherwise in the memorandum of understanding, members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team may share information received or generated in the course of such team's investigations, responses, or activities only among members of such team.
To promote efficiency and effectiveness in its mission, an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team may maintain a data base of information about such team's past and ongoing cases, provided that identifying information about individual victims and clients shall not be accessed by any person outside of such team other than those persons serving as care coordinators or victim advocates or who represent organizations providing such services.
By March 1 of each calendar year, the Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams shall submit a report to the director of the Georgia Bureau of Investigation and the commissioner of human services regarding the prevalence and circumstances of abuse, neglect, or exploitation of disabled adults or elder persons in this state; shall recommend measures to reduce such crimes; and shall address in the report the following issues:
How many investigations or cases the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team has received for the calendar year;
How many reviews of investigations or cases recommended criminal prosecution; and
Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings.
The Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams shall also establish procedures for the conduct of reviews by local review committees into abuse, neglect, or exploitation of disabled adults or elder persons and may obtain the assistance from disabled adults or elder persons. (Code 1981, § 30-5-11 , enacted by Ga. L. 2018, p. 602, § 4/HB 635.)
Effective date. - This Code section became effective July 1, 2018.
CHAPTER 6 PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES
30-6-3. "Personal assistance" defined.
30-6-4. Authority of Georgia Vocational Rehabilitation Agency to establish program.
30-6-5. Establishment of standards and guidelines.
Cross references. - Probationers as live-in attendants for disabled persons, § 42-8-72.
This chapter shall be known and may be cited as the "Personal Assistance Program for Persons With Disabilities Act."
(Code 1981, § 30-6-1 , enacted by Ga. L. 1988, p. 1355, § 1; Ga. L. 1991, p. 399, § 1.)
ALR. - When is individual regarded as having or perceived to have impairment within meaning of Americans with Disabilities Act (42 USCA § 12102(2)(c)), 148 A.L.R. Fed. 305.
The purpose of this chapter is to allow persons with severe disabilities to live as self-sufficiently as possible.
As used in this chapter, the term "personal assistance" means assistance which is required by a person with severe disabilities to achieve greater independence and which includes, but is not limited to, assistance with:
Routine bodily functions such as bowel or bladder care;
Dressing;
Household management, including, but not limited to, housecleaning and personal correspondence;
Preparation and consumption of food;
Moving in and out of bed;
Routine bathing;
Transportation, community errands, and activities; and
Any other similar activity of daily living. (Code 1981, § 30-6-3 , enacted by Ga. L. 1988, p. 1355, § 1; Ga. L. 1991, p. 399, § 1.)
The Georgia Vocational Rehabilitation Agency is authorized to establish a personal assistance program for persons with severe disabilities residing in the State of Georgia.
(Code 1981, § 30-6-4 , enacted by Ga. L. 1988, p. 1355, § 1; Ga. L. 1991, p. 399, § 1; Ga. L. 2000, p. 1137, § 3; Ga. L. 2012, p. 303, § 3/HB 1146.)
The Georgia Vocational Rehabilitation Agency, in conjunction with the Statewide Independent Living Council and other appointed users of personal assistance, shall develop standards necessary for the proper administration of the personal assistance program and shall establish guidelines for eligibility, services, training, and evaluation under the program.
Editor's notes. - Ga. L. 2000, p. 1137, § 3 amended Code Section 30-6-5, however, the amendment to Code Section 30-6-5 was intended to be made by Ga. L. 2000, p. 1137, § 2.
CHAPTER 7 BLIND PERSONS' LITERACY RIGHTS AND EDUCATION
30-7-3. Individualized education program for blind students; evaluation of Braille skills.
30-7-4. Elements of individualized education program.
Editor's notes. - The former chapter consisted of Code Sections 30-7-1 through 30-7-5, relating to an advisory commission on programs for the visually impaired and the hearing impaired, and was based on Ga. L. 1988, p. 1979, § 1 and Ga. L. 1990, p. 1943, § 1.
This chapter shall be known and may be cited as the "Blind Persons' Literacy Rights and Education Act."
(Code 1981, § 30-7-1 , enacted by Ga. L. 1994, p. 1796, § 3.)
"Blind student" means an individual who is eligible for special education services and who:
Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
Has a medically indicated expectation of visual deterioration.
"Braille" means the system of reading and writing through touch commonly known as standard English Braille.
"Individualized education program" means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1401(a)(20). (Code 1981, § 30-7-2 , enacted by Ga. L. 1994, p. 1796, § 3.)
Each blind student must be identified and, if appropriate, offered an individualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan.
No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print.
Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child.
Nothing in this Code section shall require the inclusion of Braille in a blind student's individualized education program. (Code 1981, § 30-7-3 , enacted by Ga. L. 1994, p. 1796, § 3.)
Cross references. - Delivery of deaf-blind services and techniques leading to maximum independence, § 34-15-20.
Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following:
The results obtained from the evaluation required under Code Section 30-7-3;
How instruction in Braille will be implemented as the primary mode for learning through integration with other classroom activities;
The date on which Braille instruction will commence;
The length of the period of instruction and the frequency and duration of each instructional session; and
The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used.
For a student whose reading and writing performance is evaluated as commensurate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individualized education program meeting shall include a statement which documents that the absence of Braille instruction or use will not impair the student's ability to read and write effectively. (Code 1981, § 30-7-4 , enacted by Ga. L. 1994, p. 1796, § 3.)
CHAPTER 8 GEORGIA COUNCIL ON DEVELOPMENTAL DISABILITIES
30-8-1. Creation; purpose; members; duties; funding; expenses.
There is created the Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities.
The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation.
Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson.
The Georgia Council on Developmental Disabilities shall:
Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families;
Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan;
Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary;
Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan;
To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities;
Serve as an advocate for persons with developmental disabilities;
Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and
Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended.
The Georgia Council on Developmental Disabilities shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only as provided in Code Section 50-4-3 . The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Behavioral Health and Developmental Disabilities. (Code 1981, § 30-8-1 , enacted by Ga. L. 1995, p. 406, § 1; Ga. L. 2009, p. 453, § 3-8/HB 228.)
CHAPTER 9 GEORGIA ACHIEVING A BETTER LIFE EXPERIENCE (ABLE)
30-9-2. Legislative intent.
30-9-4. Georgia ABLE Program Corporation created; board of directors and its membership; powers, duties, and administration.
30-9-5. Georgia ABLE Program established for participants to make contributions to accounts for purpose of meeting qualified disability expenses of designated beneficiary.
30-9-6. Duties of board with respect to operating a Georgia ABLE Program.
30-9-7. Terms and conditions of participation agreements.
30-9-8. ABLE Program Trust Fund created; administration of funds.
30-9-9. Taxation by state pursuant to Code Section 48-7-27; exempt from taxation by political subdivisions.
30-9-10. Comprehensive investment plan.
30-9-11. Amounts in ABLE account not considered in determining eligibility for certain public assistance.
30-9-12. Annual reports.
30-9-13. Provision of public information and outreach.
30-9-14. Death of designated beneficiary of ABLE Trust fund.
30-9-15. Assignment of ABLE account prohibited.
30-9-16. Records not open to inspection by the general public; limited access.
Effective date. - This chapter became effective May 3, 2016.
Editor's notes. - Former Chapter 9 was repealed by Ga. L. 1996, p. 804, § 5, effective January 1, 1997. The former chapter consisted of Code Sections 30-9-1 through 30-9-8 (Article 1) and 30-9-20 through 30-9-24 (Article 2), and was based on Ga. L. 1996, p. 804, § 1.
Law reviews. - For article on the 2016 enactment of this chapter, see 33 Georgia St. U.L. Rev. 193 (2016).
This chapter shall be known and may be cited as the "Georgia Achieving a Better Life Experience (ABLE) Act."
(Code 1981, § 30-9-1 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
It is the intent of the legislature to authorize the establishment of a qualified ABLE program in this state to encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible individuals with disabilities.
It is also the intent of the legislature that any qualified ABLE program established in this state be implemented in a manner that is consistent with federal law authorizing the program and that maximizes program efficiency and effectiveness. (Code 1981, § 30-9-2 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
"ABLE account" means an account established and owned by an eligible individual pursuant to this chapter.
"Board" means the board of directors of the Georgia ABLE Program Corporation.
"Corporation" means the Georgia ABLE Program Corporation created pursuant to Code Section 30-9-4.
"Designated beneficiary" means the eligible individual who establishes an ABLE account or to whom an ABLE account is transferred.
"Eligible individual" means an eligible individual as defined in Section 529A of the Internal Revenue Code.
"Georgia ABLE program" or "program" means a qualified ABLE program established pursuant to this chapter.
"Internal Revenue Code" has the meaning provided in Code Section 48-1-2.
"Participation agreement" means the agreement between the board and an eligible individual participating in the Georgia ABLE Program Trust Fund or his or her fiduciary.
"Qualified ABLE Program" means a program established pursuant to Section 529A of the Internal Revenue Code.
"Qualified disability expense" means an expense as defined in Section 529A of the Internal Revenue Code.
"Trust fund" means the Georgia ABLE Program Trust Fund. (Code 1981, § 30-9-3 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
There is created the Georgia ABLE Program Corporation, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and administering the Georgia ABLE Program. The corporation shall be governed by a board of directors consisting of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the state auditor; the director of the Office of Planning and Budget; the state revenue commissioner; the state treasurer; and three directors who shall be appointed by and serve at the pleasure of the Governor, who shall include at least two persons who are persons with a disability, a family member of a person with a disability, or a disability advocacy professional. The board shall elect a chairperson from its membership. The state treasurer shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board.
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 subsection (b) of Code Section 45-7-21 for each day such member is in attendance at a meeting of the board. Expense allowances and other costs authorized in this paragraph shall be paid from moneys in the trust fund.
The board shall have the authority necessary or convenient to carry out the purposes and provisions of this chapter and the purposes and objectives of the trust fund, including, but not limited to, the authority to:
Have a seal and alter the same at its pleasure; bring and defend actions; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws;
Adopt such rules and regulations as are necessary to implement this chapter, subject to applicable federal laws and regulations;
Contract for necessary goods and services; employ necessary personnel; engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out its responsibilities under this chapter; and contract with state or federal departments or agencies, upon such terms, for such consideration, and for such purposes as it deems advisable;
Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition grants, loans, and other funds or aid from any endowment or other public or private source or participate in any other way in any federal, state, or local governmental program in carrying out the purposes of this chapter;
Define the terms and conditions under which payments may be withdrawn or refunded from an ABLE account or the trust fund established under this chapter and impose reasonable charges for a withdrawal or refund;
Regulate the receipt of contributions or payments to the trust fund;
Require and collect fees and charges to cover the reasonable costs of administering ABLE accounts and impose a 10 percent penalty on the earnings portion included within a withdrawal of funds for nonqualified disability expenses or for entering into a participation agreement on a fraudulent basis;
Procure insurance against any loss in connection with the property, assets, and activities of the trust fund or the corporation;
Establish other policies, procedures, and criteria and perform such other acts as necessary or appropriate to implement and administer this chapter; and
Authorize the state treasurer to carry out any or all of the powers and duties enumerated in this chapter for efficient and effective administration of the program and trust fund.
The corporation is assigned to the Department of Administrative Services for administrative purposes only. (Code 1981, § 30-9-4 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
The board shall be authorized to establish a Georgia ABLE Program under which a person may make contributions for a taxable year, for the benefit of an eligible individual, to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account. Any such program shall be administered by the corporation. Contributions and investment earnings on the contributions may be used for any qualified disability expenses of the designated beneficiary. Only one ABLE account may be established for any eligible individual.
In addition to or in lieu of establishing a Georgia ABLE Program pursuant to subsection (a) of this Code section, the corporation may:
Enter into an agreement with another state which allows the residents of such state to participate under the Georgia ABLE Program;
Enter into an agreement with one or more states or a consortium of states that has a qualified ABLE program to allow residents of this state to participate in the qualified ABLE program of such other state, states, or consortium; or
Facilitate or otherwise provide access to allow residents of this state to participate in qualified ABLE programs operated by other states.
If a Georgia ABLE Program is established pursuant to subsection (a) of this Code section, it shall continue in existence until terminated by law. If the state determines that the program is financially infeasible, the state may terminate the program. Upon termination, amounts in the trust fund held for each designated beneficiary shall be returned in accordance with the participation agreement.
The state pledges to the designated beneficiaries that the state will not limit or alter their rights under this Code section which are vested in the Georgia ABLE Program until the program's obligations are met and discharged. However, this subsection shall not preclude such limitation or alteration if adequate provision is made by law for the protection of the designated beneficiaries pursuant to the obligations of the corporation and does not preclude termination of the program pursuant to subsection (c) of this Code section. (Code 1981, § 30-9-5 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
If the board establishes a Georgia ABLE Program pursuant to Code Section 30-9-5, the board shall:
Establish, implement, and maintain the program as a qualified ABLE program under Section 529A of the Internal Revenue Code;
Provide for the marketing of the program and develop and provide information to eligible individuals and their families necessary to establish and maintain an ABLE account; and
Make participation agreements and ABLE accounts available to eligible individuals. (Code 1981, § 30-9-6 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
Each participation agreement entered into pursuant to this chapter shall include the following terms and conditions:
The participation agreement shall not constitute a debt or obligation of the state;
Participation in the Georgia ABLE Program does not guarantee that sufficient funds will be available to cover all qualified disability expenses for any designated beneficiary and does not guarantee the receipt or continuation of any product or service for the designated beneficiary;
The establishment of an ABLE account in violation of federal law is prohibited;
Contributions in excess of the limitations set forth in Section 529A of the Internal Revenue Code are prohibited;
The state is a creditor of ABLE accounts as, and to the extent, set forth in Section 529A of the Internal Revenue Code; and
Material misrepresentations by a party to the participation agreement, other than the Georgia ABLE Program Corporation, in the application for the participation agreement or in any communication with the Georgia ABLE Program Corporation regarding the Georgia ABLE Program may result in the involuntary liquidation of the ABLE account. If an account is involuntarily liquidated, the designated beneficiary is entitled to a refund, subject to any fees or penalties provided by the participation agreement and the Internal Revenue Code.
A participation agreement entered into pursuant to this chapter may include terms and conditions specifying:
The requirements and applicable restrictions for opening an ABLE account;
The eligibility requirements for a party to the participation agreement and the rights of the party;
The requirements and applicable restrictions for making contributions to an ABLE account;
The requirements and applicable restrictions for directing the investment of the contributions or balance of the ABLE account;
The administrative fee and other fees and penalties applicable to an ABLE account;
The terms and conditions under which an ABLE account or a participation agreement may be modified, transferred, or terminated; and
Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the participation agreement with the requirements of Section 529A of the Internal Revenue Code or other applicable federal laws.
A participation agreement may be amended throughout its term for purposes that include, but are not limited to, allowing a participant to increase or decrease the level of participation and to change designated beneficiaries and other matters authorized by this Code section and Section 529A of the Internal Revenue Code. (Code 1981, § 30-9-7 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
The board shall be authorized to create the Georgia ABLE Program Trust Fund. The trust fund shall be administered by the state treasurer. The state treasurer shall credit to the trust fund all amounts transferred to such fund. The trust fund shall consist of money remitted in accordance with participation agreements and shall receive and hold all payments, contributions, and deposits intended for it as well as gifts, bequests, endowments, grants and any other public or private source of funds, and all earnings on the fund until disbursed as provided under this Code section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund shall not be commingled with state funds, and the state shall have no claim to or interest in such funds other than the amount of reasonable fees and charges assessed to cover administration costs. Participation agreements or any other contract entered into by or on behalf of the trust fund shall not constitute a debt or obligation of the state, and no account contributor shall be entitled to any amounts except for those amounts on deposit in or accrued to the account of such contributor.
The trust fund shall continue in existence so long as it holds any funds belonging to an account contributor or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit in the trust fund are returned to designated beneficiaries or other eligible persons pursuant to the terms of the participation agreement or transferred to the state in accordance with unclaimed property laws.
The official location of the trust fund shall be the Office of the State Treasurer, and unless otherwise authorized by the board, the facilities of the Office of the State Treasurer shall be used and employed in the administration of the fund, including without limitation the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities.
Payments received by the board on behalf of designated beneficiaries from account contributors, other payors, or any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529A of the Internal Revenue Code or other applicable federal laws.
Account contributors shall only be permitted to contribute cash except as otherwise permitted under Section 529A of the Internal Revenue Code. The board shall establish appropriate safeguards against contributions to an ABLE account in excess of the limitations set forth in Section 529A of the Internal Revenue Code.
Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions. Amounts on deposit in an ABLE account shall be available for administrative fees and expenses and penalties imposed by the board as delineated in the participation agreement.
The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the state for any other purpose. (Code 1981, § 30-9-8 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
The trust fund and ABLE account property and income shall be subject to taxation by the state only as provided by paragraph (10.1) of subsection (b) of Code Section 48-7-27 and shall not be subject to taxation by any of the state's political subdivisions.
The board shall have authority to establish a comprehensive investment plan for the purposes of this chapter and to invest any funds of the trust fund through the state treasurer. The state treasurer shall invest the trust fund moneys pursuant to an investment policy adopted by the board. Notwithstanding any state law to the contrary, the board, through the state treasurer, shall invest or cause to be invested amounts on deposit in the trust fund, including the program account, in a manner reasonable and appropriate to achieve the objectives of the corporation, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to the risk of, expected rate of return of, term or maturity of, diversification of total investments of, liquidity of, and anticipated investments in and withdrawals from the trust fund.
The board may employ or contract with financial organizations, investment managers, evaluation services, or other such entities as determined by the board to be necessary for the effective and efficient investment, administration, and operation of the program. The board shall establish criteria for financial organizations, investment managers, evaluation services, or other such entities that act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including without limitation providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control, and safekeeping. All contractors and consultants shall be selected by competitive solicitation, unless otherwise directed by the board.
All investments shall be marked clearly to indicate ownership by the corporation and, to the extent possible, shall be registered in the name of the corporation.
Subject to the terms, conditions, limitations, and restrictions set forth in this Code section, the board may sell, assign, transfer, and dispose of any of the securities and investments of the corporation if the sale, assignment, or transfer has the majority approval of the entire board.
Members and employees of the board shall be subject to the provisions of Chapter 10 of Title 45, relating to codes of ethics and conflicts of interest.
No account contributor or beneficiary shall directly or indirectly direct the investment of any account funds except as may be permitted under Section 529A of the Internal Revenue Code or other applicable federal laws.
The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529A of the Internal Revenue Code or other applicable federal laws and consistent with the objectives of this chapter, and the board may require the assistance of investment counseling before participation in different options. (Code 1981, § 30-9-10 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
Notwithstanding any other provision of state or local law or regulation that requires consideration of the financial circumstances of an applicant for local, state, or federal public assistance or a benefit provided under that law, the agency or entity making the determination of eligibility for such assistance or benefit may not consider the amount in the applicant's ABLE account or in an applicant's ABLE account established pursuant to an ABLE program in another state, including earnings on that amount, and any distribution for qualified disability expenses in determining the applicant's eligibility to receive the amount of the assistance or benefit with respect to the period during which the individual maintains any such ABLE account.
If the board creates the Georgia ABLE Program Trust Fund pursuant to Code Section 30-9-8, the board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the Georgia Able Trust Fund at the close of each fiscal year. Such report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In addition, the board shall make the report available to account contributors and designated beneficiaries in the trust fund upon written request and may charge a reasonable fee for such report. The accounts of the trust fund shall be subject to annual audits by the state auditor or his or her designee.
Statements shall be provided to each designated beneficiary at least four times each year within 30 days after the end of the quarterly period to which a statement relates. The statement shall identify the contributions made during the preceding quarter, the total contributions made to the account through that quarter, the value of the account on the last day of that quarter, distributions made during that quarter, and any other information that the state treasurer requires to be reported to the designated beneficiary. (Code 1981, § 30-9-12 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
The Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, the Georgia Vocational Rehabilitation Agency, and the Department of Education shall assist, cooperate, and coordinate with the corporation in the provision of public information and outreach for a board approved Qualified ABLE Program.
Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund account, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program after the date of the establishment of the ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this subsection. Any remaining amount shall be distributed as provided in the participation agreement.
The corporation shall assist and cooperate with the Department of Community Health and Medicaid programs in other states upon the death of a designated beneficiary of the trust fund by coordinating through the Department of Community Health with the information needed to accomplish the purpose and objective of subsection (a) of this Code section. (Code 1981, § 30-9-14 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
An ABLE account may not be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge. Except as provided in Code Section 30-9-14, moneys paid into or out of an ABLE account, and the income and assets of such account, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or account contributor.
The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
Completed participation applications, executed participation agreements, and ABLE account numbers;
All wiring or automated clearing-house transfer of funds instructions regarding participation agreements;
ABLE account transactions, IP addresses used to initiate transactions, and analysis statements received or prepared by or for the corporation;
All bank routing and account numbers in the possession of the corporation and any record or document containing such numbers;
All proprietary computer software in the possession or under the control of the corporation; and
All security codes and procedures related to physical, electronic, or other access to any ABLE account or the trust fund, its systems, and its software.
For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public:
Investment trade tickets; and
Bank statements.
The restrictions of subsections (a) and (b) of this Code section shall not apply to access:
Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the corporation is a party;
In prosecutions or other court actions to which the State of Georgia or the corporation is a party;
Given to federal or state regulatory or law enforcement agencies;
Given to any person or entity in connection with an ABLE account to which such person or entity is an account contributor or given to any person in connection with an ABLE account of which such person is a beneficiary; or
Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter. (Code 1981, § 30-9-16 , enacted by Ga. L. 2016, p. 588, § 1/HB 768.)
CHAPTER 10 COMMUNITY TRUSTS
30-10-1. Legislative findings.
30-10-2. Definitions.
30-10-3. Donors; benefits; assets.
30-10-4. Community trusts; creation.
30-10-5. Community trusts; board of trustees.
30-10-6. Qualification of trust; documents; life beneficiaries; trustees and cotrustees; income; transfers; distributions and expenditures.
30-10-7. Life beneficiaries.
30-10-8. Liability of trustees.
30-10-9. Distribution of funds upon dissolution; perpetuities; restraints on alienation; construction of chapter.
The General Assembly finds and declares the following:
It is an essential function of state government to provide basic support for persons with one or more mental or physical impairments that substantially limit one or more major life activities, whether the impairments are congenital or occur by reason of accident, injury, age, or disease;
The cost of providing basic support for persons with mental or physical impairments is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support;
The families and friends of persons with mental or physical impairments desire to supplement, but not replace, the basic support provided by state government and other governmental programs;
Medical, social, and other supplemental services are often provided by family members and friends of persons with mental or physical impairments for the lifetime of the impaired persons; and
It is necessary and desirable for the public health, safety, and welfare of the citizens of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with mental or physical impairments to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those persons with impairments. (Code 1981, § 30-10-1 , enacted by Ga. L. 1996, p. 804, § 2.)
ALR. - What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS § 12101 et seq.), 141 A.L.R. Fed 603.
"Board of trustees" means a board of trustees of a community trust established pursuant to this chapter.
"Community trust" means a trust administered in accordance with this chapter by a nonprofit organization that qualifies as a tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code for the benefit of persons with impairments.
"Cotrustee" means any person named by the donor to work with the board of trustees in providing benefits to a life beneficiary; provided, however, that neither the donor nor the donor's spouse shall be the cotrustee if the donor or the donor's spouse is the life beneficiary.
"Donor" means any person who contributes assets to a community trust to establish an account for a life beneficiary.
"Impairment" means a mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings.
"Life beneficiary" means a beneficiary designated by a donor to a community trust.
"Successor trust" means the trust established upon distribution by the board of trustees as follows:
Subsequent to the death or ineligibility of the life beneficiary because the donor has failed to designate a person or persons to whom assets are to be distributed upon the occurrence of such an event or because a distribution to the designated person or persons is impossible; or
Subsequent to the death of a life beneficiary if the donor designates himself or herself or the donor's spouse as life beneficiary pursuant to paragraph (4) of subsection (b) of Code Section 30-10-6.
A successor trust shall meet all requirements for a community trust provided in this chapter and shall be administered as set forth in this chapter.
"Successor trustee" means the trustee as designated by the donor who shall administer the successor trust.
"Trustee" means a member of a community trust board of trustees. (Code 1981, § 30-10-2 , enacted by Ga. L. 1996, p. 804, § 2; Ga. L. 1997, p. 576, § 1; Ga. L. 2001, p. 4, § 30.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "Community Trust" was lower-cased in paragraphs (1), (2), (4), (6), and (9) and "Cotrustee" was substituted for "Co-trustee" twice in paragraph (3).
Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 167 (1997).
Donors may supplement the care, support, habilitation, rehabilitation, and treatment of persons with impairments pursuant to this chapter. Neither the contribution to a community trust for the benefit of a life beneficiary nor the use of community trust income or principal to provide benefits shall in any way reduce, impair, or diminish the benefits for which a person is otherwise eligible by law.
The assets held by the board of trustees of any community trust and its income and operations shall be exempt from all state and local taxation. (Code 1981, § 30-10-3 , enacted by Ga. L. 1996, p. 804, § 2.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "Community Trust" was lower-cased in two places in subsection (a) and in one place in subsection (b).
Nonprofit organizations which qualify as tax-exempt organizations under Section 501(c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments are eligible to create community trusts in accordance with the provisions of this chapter. Two or more organizations which qualify as tax-exempt organizations under Section 501(c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of impaired persons are eligible to create joint community trusts in accordance with the provisions of this chapter.
(Code 1981, § 30-10-4 , enacted by Ga. L. 1996, p. 804, § 2.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "Community Trusts" was lower-cased in two places.
Each community trust shall have a board of trustees appointed by the governing body of the nonprofit organization forming the trust, which shall include persons with expertise in business and investments and persons with expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments. The members of the board of trustees shall serve without compensation but shall be reimbursed by the community trust for their actual expenses relating to the trust. The board of trustees shall administer the community trust and establish policies and rules and regulations necessary to exercise its powers in accordance with this chapter.
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "Community Trust" was lower-cased in three places.
The board of trustees shall take all steps necessary to satisfy all federal and state laws to ensure that the community trust is qualified to supplement the provision of government funding for persons with one or more impairments and, where necessary, is qualified as a tax-exempt entity under the United States Internal Revenue Code.
The documents establishing a community trust shall include and be limited by the following:
To be eligible to participate in a community trust, a life beneficiary must suffer from one or more impairments as defined in this chapter;
A community trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a community trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, one or more separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries;
Every donor shall designate a specific person as the life beneficiary of the contribution made by the donor. In addition, each donor shall name a cotrustee and a successor or successors to the cotrustee to act with the trustees of the community trust on behalf of the designated life beneficiary. A life beneficiary or the spouse of a life beneficiary shall not be eligible to be a cotrustee or a successor cotrustee;
If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions:
The contribution or contributions of the life beneficiary or his or her spouse to the community trust shall be irrevocable;
The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall, to the extent such funds result from contributions made by the life beneficiary or his or her spouse, be subject to the state reimbursement requirements of federal laws governing community trusts, including paragraph (4) of subsection (d) of 42 U.S.C. Section 1396p as applied by this state. Any funds remaining after satisfaction of such requirements shall be distributed as the donor has designated in writing, and if there is no such designation or should distribution to those designated by the donor be impossible, then to a successor trust; and
Neither the donor nor the donor's spouse shall serve as cotrustee;
During his or her lifetime, any donor who has not designated himself or herself or his or her spouse as the life beneficiary may revoke any contribution made to a community trust. Notwithstanding the first sentence of this paragraph, any donor may, at any time, voluntarily waive the right to revoke. Upon revocation, an amount equal to the current fair market value of the balance of the life beneficiary's account in the community trust as determined on the date of revocation shall be returned to the donor;
The cotrustee and the trustees annually, or more frequently, shall agree on the amount of income or principal, or both, to be used to provide noncash benefits and the nature and type of benefits to be provided to the life beneficiary. Such permissible benefits shall include, but not be limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary but which will not defeat the life beneficiary's eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary. The trustees and cotrustee may exercise discretion to make payments from time to time for a person to accompany the life beneficiary on vacations and outings and for the transportation of the life beneficiary or of friends and relatives of the life beneficiary to visit the life beneficiary. Expenditures shall not be made for the primary support or maintenance of the life beneficiary, including basic food, shelter, and clothing if, as a result, the life beneficiary would no longer be eligible to receive public benefits or assistance for which the life beneficiary would otherwise be eligible. Any net income which is not used shall be added annually to the principal;
Any cotrustee may, for good and sufficient reason upon written notice to the trustees and a determination by the board of trustees that the reason for the transfer is good and sufficient or upon the issuance of a notice of termination by the board of trustees, transfer all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of transfer to another trustee to be held for the sole benefit of the life beneficiary during his or her life; provided, however, that if such a transfer involves funds contributed by the life beneficiary or his or her spouse, any trustee to whom funds are so transferred shall acknowledge in writing the right of the state to reimbursement as provided in 42 U.S.C. Section 1396p(d)(4). In no event shall a cotrustee be entitled to transfer only a portion of the current fair market value of the life beneficiary's account in the trust;
If a life beneficiary for whose benefit a contribution has been made to the trust ceases to be eligible to participate in the trust, and neither the donor nor the cotrustee revokes or withdraws the contribution, then the board of trustees may, by written notice to the donor or cotrustee, terminate the trust as to such life beneficiary. Upon termination, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection;
Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary and satisfaction of any lien as provided in paragraph (4) of this subsection, shall be distributed to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account to a successor trust. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and
The trustee of the successor trust shall hold, administer, and distribute the principal and income of the successor trust, in the discretion of the trustee, for the maintenance, support, health, education, and general well-being of indigent persons suffering from one or more impairments, recognizing that it is the purpose of the successor trust to supplement, not replace, any government benefits for the beneficiary's or beneficiaries' basic support for which the beneficiary or beneficiaries may be eligible and to improve the quality of the beneficiary's or beneficiaries' life by providing him, her, or them with those amenities which cannot otherwise be provided by public assistance or other available sources. Permissible expenditures include, but are not limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the beneficiary or beneficiaries; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the beneficiary or beneficiaries but which will not defeat his, her, or their eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the beneficiary or beneficiaries. The trustee of the successor trust, in his or her discretion, may make payments from time to time for a person to accompany a beneficiary on vacations and outings and for the transportation of a beneficiary or of friends or relatives of a beneficiary to visit a beneficiary. Any undistributed income of the successor trust shall be added to the principal from time to time. Expenditures shall not be made for the primary support or maintenance of a beneficiary, including basic food, shelter, and clothing, if, as a result, a beneficiary would no longer be eligible to receive public benefits or assistance for which such beneficiary would otherwise be eligible.
The nonprofit organization administering the community trust may receive a distribution of trust assets as payment for services rendered to the life beneficiary or if the assets distributed are used solely for the benefit of the life beneficiary. The nonprofit organization administering a successor trust may receive a distribution of trust assets as payment for services rendered to a beneficiary or if the assets are used solely for the benefit of a beneficiary. (Code 1981, § 30-10-6 , enacted by Ga. L. 1996, p. 804, § 2; Ga. L. 1997, p. 576, § 2; Ga. L. 2000, p. 1274, §§ 1, 2, 3, 4.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, throughout this Code section, "Community Trust" was lower-cased and in the second sentence in paragraph (7), "cotrustee" was substituted for "co-trustee".
No life beneficiary shall have any vested or property rights or interests in a community trust. No life beneficiary shall have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of a community trust. The income or principal or any interest of any life beneficiary under a community trust shall not be liable for any debt incurred by the life beneficiary. The principal or income of a community trust shall not be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
Except for the right of a donor, other than a donor or a donor's spouse who is a life beneficiary, to revoke any contribution made to a community trust, pursuant to paragraph (5) of subsection (b) of Code Section 30-10-6 , and the right of any cotrustee other than the donor to withdraw all of the contribution made to the account of a life beneficiary, pursuant to paragraph (7) of subsection (b) of Code Section 30-10-6 , neither the donor nor any cotrustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of a community trust. The income or the principal or any interest of any life beneficiary in the trust shall not be liable for any debt incurred by the donor or any cotrustee. The principal or income of a community trust shall not be subject to seizure by any creditor of any donor or any cotrustee under any writ or proceeding in law or in equity. (Code 1981, § 30-10-7 , enacted by Ga. L. 1996, p. 804, § 2; Ga. L. 1997, p. 576, § 3.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, throughout this Code section, "Community Trust" was lower-cased and "cotrustee" was substituted for "co-trustee".
No trustee, cotrustee, successor cotrustee, or successor trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by a community trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee, cotrustee, successor cotrustee, or successor trustee.
(Code 1981, § 30-10-8 , enacted by Ga. L. 1996, p. 804, § 2; Ga. L. 1997, p. 576, § 4.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "Community Trust" was lower-cased in one place and "cotrustee" was substituted for "co-trustee" in three places.
Upon the dissolution of any organization administering a community trust, the remaining balance of each trust account shall be distributed to other community trusts. The Attorney General may bring an action in the superior courts for the dissolution of a nonprofit organization or a community trust for the purpose of terminating the trust or merging it with another community trust.
Community trusts shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation, including Article 9 of Chapter 6 of Title 44, the "Uniform Statutory Rule Against Perpetuities."
Nothing contained in this chapter shall be construed so as to impair or limit the creation of other forms of trusts or charitable trusts, whether or not similar to community trusts permitted by this chapter. (Code 1981, § 30-10-9 , enacted by Ga. L. 1996, p. 804, § 2.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "attorney general" was capitalized in the second sentence in subsection (a) and "Community Trust" was lower-cased throughout.
Pursuant to Code Section 28-9-5, in 1997, "including Article 9 of Chapter 6 of Title 44, the 'Uniform Statutory Rule Against Perpetuities.'" was substituted for "including the Uniform Statutory Rule Against Perpetuities." in subsection (b).