GeorgiaHB 12542025-2026 Regular SessionHouseWALLET

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

Sponsored By: Matthew Gambill (Republican), Matt Hatchett (Republican), Brian Prince (Democrat), Matt Reeves (Republican), Devan Seabaugh (Republican), Will Wade (Republican)

Signed by Governor

Regulated IndustriesRegulated Industries and UtilitiesGeneral Bill

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Bill Overview

Analyzed Economic Effects

25 provisions identified: 6 benefits, 9 costs, 10 mixed.

Auction victims get capped recovery payments

Eligible auction victims with valid judgments can recover actual or compensatory damages from the fund: at most $10,000 per transaction or claimant. Total fund payments for one licensee stop at $20,000; auction-company wrongdoing on or after July 1, 2026, is not covered. Claimants must start the lawsuit within two years after the claim arises, notify the Secretary, and exhaust available collection remedies. Licensees and the debtor’s spouse or spouse’s representative cannot claim; bonding companies qualify only as principals in the auction transaction. Filing false or materially misleading required fund documents is a misdemeanor upon conviction.

Dispenser licenses continue with renewal duties

Beginning July 1, 2026, hearing aid oversight moves to the combined speech-language pathology, audiology, and hearing aid dispensing board. Credentials valid on that date continue in force. Dispenser licenses last two years; renewal requires fees and 20 hours of approved education, with paid restoration available within one year. After that, the license ends; misconduct can bring denial, suspension, revocation, or civil penalties up to $10,000 per violation. Discipline requires a hearing opportunity; initial refusals are not contested cases, though applicants can request an appearance in writing.

Geologists face renewal deadlines and penalties

Geologists must renew every two years; missed renewals can be restored within one year by paying renewal and restoration fees. After that, registration ends automatically, and a new application may be required. The Secretary of State can deny or discipline registration for conduct harming fitness to practice, with notice and a hearing opportunity. Civil penalties can reach $10,000 per violation. Unauthorized practice, misuse of credentials, false registration evidence, and practice with expired, revoked, or suspended credentials are misdemeanors upon conviction.

Hearing aid buyers get clearer protections

Prescription hearing aid receipts must identify the seller and device, its condition, warranty terms, total price, and final-sale or return policy. Buyers must acknowledge an offered refund policy, and sellers must keep receipt and acknowledgment records for six years after delivery. Nonresident dispensers appoint the board to receive legal papers in civil cases arising from their Georgia work. Georgia-licensed physicians and audiologists are exempt, as is federally compliant over-the-counter hearing aid activity. Qualifying government, school, and other licensed professionals are exempt only within their authorized work and without selling, renting, or leasing prescription devices.

Stronger state oversight of cemetery funds

The Secretary of State takes over cemetery rules, fund oversight, investigations, and discipline, replacing the cemeterians board system. Preneed sales agents register with the Secretary. In a covered civil case, courts can order assets seized and sold to fund missing or poorly maintained cemetery trusts or preneed accounts. After registration is revoked and required accounts are funded, courts can order the cemetery sold so a buyer can continue operations.

Geologists face training and registration requirements

Georgia geologist applicants must meet the required education or coursework standards. They need at least seven years of qualifying work, including at least three years supervised by a registered professional geologist. Applicants must pass required exams and meet good-standing requirements. They must also pay application fees and provide identity and lawful-presence documents.

Hearing aid dispensers face licensing checks

Dispensing or advertising prescription hearing aids generally requires a valid Georgia license. Applicants must be at least 18, pay fees, and meet training, testing, and good-standing requirements. They must pass an exam on state and federal rules and provide identity and lawful-presence documents. Competency records must include an applicant-performed hearing test and evidence of skills in interpreting results and selecting, programming, and fitting hearing aids. Applicants must provide fingerprints for state and FBI background checks and pay all associated fees.

Registration rules shape geology work opportunities

Public geology practice generally requires Georgia registration; only registrants can use the registered title or seal. Exceptions cover authorized licensed professionals, teaching, nonpublic research, government work, and subordinates working solely under a registrant. Covered geology documents must carry the responsible geologist’s signature and seal when delivered, used, or publicly filed in Georgia. State and local governments must hire registered geologists or firms employing them. Nonresident practitioners appoint the Secretary of State to receive legal papers in related Georgia civil cases.

Unlicensed hearing aid sellers face misdemeanors

Dispensing or selling prescription hearing aids without a required license, or otherwise violating the article, is a misdemeanor. The law also classifies the offense as a crime involving moral turpitude. The supplied text does not state a fine or jail term.

Auctioneers face licensing and screening requirements

Auctioneers need a Georgia license to conduct or advertise auctions, including online auctions, unless a statutory exemption applies. Applicants must be at least 18, finish high school or equivalent, complete approved training, and pass an exam. They must maintain an escrow or trustee account, identify it, and allow its examination. Applicants must document identity and lawful presence and pay for Georgia and FBI background checks; fee amounts are not stated. Real estate auctions also require a real estate license, except for qualifying auctioneers licensed before July 1, 1978.

Auctioneers must renew or lose licenses

Auctioneer licenses renew every two years with an application, fee, and proof of any required continuing education. The Secretary of State can require up to eight education hours per two-year period, with waivers allowed by law. Within one year after expiration, restoring a license requires an application and renewal and restoration fees. After one year but before two years, restoration also requires the Secretary's approval and compliance with education requirements. A license not restored within two years after expiration ends automatically.

Auctioneers face state discipline and penalties

The Secretary of State can deny or discipline auctioneer licenses for listed convictions, material false statements, fraud, mishandled money, and other violations. Discipline and renewal refusals require notice and a hearing opportunity. Initial license refusals require specific written reasons but not the usual contested-case hearing; applicants can request an appearance in writing. Unlicensed auctioneering or other chapter violations can bring a fine up to $1,000, up to 90 days in jail, or both. The Attorney General can ask courts to stop violations without the State posting a bond.

Auction customers get separate-account money safeguards

Auctioneers handling other people's money must keep an active, separate escrow or trustee account. Proceeds must be deposited within 48 hours or by the next business day, unless settlement occurs within 24 hours. Customer money must stay separate from personal and operating funds until properly paid out. Auctioneers must identify the account to the Secretary of State, allow examination, and report material changes.

Hearing aid buyers get clearer sale terms

Prescription hearing aid buyers must receive a written receipt with seller details, device information, warranty terms, and total price. It must identify used or reconditioned devices and include purchaser, user, and delivery information. A prominent, all-capital statement must say the sale is final or explain the return policy and deadline. When a return policy applies, buyers must receive a copy and sign or initial it. Sellers must keep the receipt and any policy acknowledgment for at least six years after delivery.

Easier Georgia entry for relocating geologists

The Secretary of State can register qualifying out-of-state geologists without another exam. Their prior licensing standards must be comparable, and verified evidence must show they meet Georgia’s other requirements. Nonresidents without a Georgia business location and recent Georgia residents can practice beyond 90 days while their applications are reviewed. They must apply and pay the fee; permission lasts only as long as the review takes.

Stronger safeguards for prepaid funeral money

Trust money for prepaid funeral or burial contracts cannot be invested in or loaned to specified related businesses. These include businesses controlled by dealers, controlling owners of company dealers, or cemeteries and affiliates they control. When a registered cemetery or prepaid-contract dealer changes owners, the seller remains liable for required deposits due before transfer. This also applies to transfers of a controlling interest; sellers must notify the Secretary of State and provide requested records. The Secretary can require buyers to show accounts are current and recover missing funds.

Kinship DNA cases carry burial costs

The party requesting DNA testing in a kinship case pays for samples, testing, the report, and any needed disinterment and reinterment. Disinterment costs can include a reasonable cemetery service fee, subject to the existing legal limit. After a hearing, courts can shift costs to parties who acted in bad faith or unreasonably failed to cooperate.

New staffing and screening rules for geologists

Firms mainly providing geological services must have a registered geologist as a partner, member, or officer. Other businesses may employ nonregistered geologists for necessary work that is not public geological practice. Geologist applicants must provide fingerprints and other information for Georgia and FBI criminal background checks. Applicants pay all related fees, but the law does not state the amounts.

Cemetery owners must plan for disruptions

Registered cemetery owners must create, carry out, and maintain a written plan for business disruptions and changes in leadership. Plans must cover records, notices, relocation, backup duties, and continued service. The detail must fit the cemetery's size, locations, services, and prepaid-sale or ongoing-care activities. Owners must make plans available to the Secretary of State, who can request more records or assurances.

Apprentices and outside dispensers gain licensing paths

Applicants age 18 or older can obtain a one-year, nonrenewable apprentice permit supervised by a licensed dispenser or audiologist. They must pay fees, provide identity and lawful-presence documents, and meet good-standing requirements. Full licensure requires verified apprenticeship completion and passing the exam on applicable rules. Out-of-state dispensers age 18 or older can qualify without another exam if their active license comes from a jurisdiction with equivalent or stricter standards and reciprocity. They must also apply, pay fees, provide required documents, and complete the background check.

Out-of-state auctioneers can skip written exams

The Secretary of State can grant qualified out-of-state auctioneers a Georgia license without a written exam. Applicants must hold a current license from a state with similar requirements or qualify through a reciprocal licensing agreement. Approval is discretionary, and required fees still apply. Nonresidents who apply or auction in Georgia appoint the Secretary to receive legal notices about that business.

Auctioneers face local licensing and notice rules

Licensed auctioneers must report business moves to the Secretary of State in writing within 10 days and receive a new pocket card. Local governments cannot license auctioneers needing state licensure without the Secretary’s approval. The chapter exempts court-appointed representatives, ringpersons, approved students during their studies, and specified public sales. It also exempts qualifying disability or wildlife nonprofits, certain sales at licensed facilities, and qualifying 4-H or Future Farmers of America youth livestock auctions.

Counselor board takes direct regulatory control

Georgia’s board for counselors, social workers, and marriage and family therapists holds the listed licensing, rulemaking, investigation, and enforcement powers. The law removes the provision qualifying those powers through specific delegation to a standards committee. It changes internal regulatory authority, not a stated household payment or benefit.

Auction recovery fund faces closure threshold

Beginning July 1, 2026, the Auctioneers Commission dissolves, and the Secretary of State takes over fund administration and related duties. These include notices, claims, defense of cases, and court-ordered payments. If the fund balance is below $10,000 on December 31, remaining money goes to the state general fund and the recovery fund ends. Until closure, investments must be legal for domestic insurers, and interest is credited to the fund. The Secretary or a designee can use the specified compounded interest revenue for auctioneer continuing education.

Cemetery care gets income with payout limits

A cemetery owner or receiver receives 95% of care-trust income for maintenance when at least one listed condition applies. The owner has been unregistered to sell burial rights for 90 consecutive days, or the cemetery is under a receiver. The third condition is that less than 50% of available lots remain unsold. The Secretary of State can limit or stop unitrust payouts after reviewing three to five years of returns and distributions.

Sponsors & Cosponsors

Cosponsors

Bo Hatchett
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 238 • No: 25

Senate vote • 3/27/2026

MOTION TO TABLE REMAINING LEGISLATION ON THE RULES CALENDAR

Yes: 26 • No: 22 • Other: 5