Georgia Code
Article 2 - Background Checks
§ 20-1A-31. Records Check Application for Potential Employees; Comprehensive Records Check Determination

History. Code 1981, § 20-1A-31 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-1/SB 336; Ga. L. 2018, p. 1101, § 3/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.
The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “(a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility.
“(b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.”
The 2018 amendments. —
The first 2018 amendment, effective July 1, 2018, rewrote subsection (a); in subsection (b), inserted “an” near the middle, substituted “check determination” for “checks” twice in the middle, inserted “determination” near the end, and added the exception at the end. The second 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” throughout this Code section; rewrote subsection (a); in subsection (b), inserted “determinations” twice, inserted “determination” near the end, and added “, notwithstanding Code Section 20-1A-45” at the end; and, in subsection (c), substituted “be present at a facility” for “reside at an early care and education program or be present at an early care and education program” and added “or to reside in a facility” at the end. See the Code Commission note regarding the effect of these amendments.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in subsection (b), substituted “comprehensive records check determinations” for “comprehensive records checks determinations” in two places and added a comma following “Code Section 35-3-33”.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2018, the amendment of portions of subsection (b) of this Code section by Ga. L. 2018, p. 507, § 2-1/SB 336, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1101, § 3/HB 494, due to irreconcilable conflict.
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

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