Georgia 2023-2024 Regular Session

Georgia House Bill HB1318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 54 0372S
2		-	House Bill 1318 (COMMITTEE SUBSTITUTE)
3		-	By: Representative Holcomb of the 81
4		-	st
5		-
6		-
	2	+	The House Committee on Governmental Affairs offers the following substitute to HB 1318:
7	3		A BILL TO BE ENTITLED
8	4		AN ACT
9		-	To amend various titles of the Official Code of Georgia Annotated so as to revise committee
10		-	1
	5	+	To amend various titles of the Official Code of Georgia Annotated so as to revise committee1
11	6		names; to repeal provisions relating to inactive boards, panels, authorities, centers,2
12	7		commissions, committees, councils, task forces, and other such bodies and certain procedures3
13	8		of the General Assembly; to make conforming changes throughout the Code; to provide for4
14	9		related matters; to provide for an effective date; to repeal conflicting laws; and for other5
15	10		purposes.6
16	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
17	12		PART I8
18	13		Senate Appropriations Subcommittee Name Correction9
19	14		SECTION 1-1.10
20	15		Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by11
21	16		revising paragraph (1) of subsection (a) of Code Section 2-10-53.1, relating to oversight by12
22	17		legislative advisory committee, membership, duties, and expiration, as follows:13
23	18		H. B. 1318 (SUB)
24	19		- 1 - 24 LC 54 0372S
25		-	"(1) The chairpersons of the House Appropriations Subcommittee for Economic
26		-	14
	20	+	"(1) The chairpersons of the House Appropriations Subcommittee for Economic14
27	21		Development and Tourism and the Senate Appropriations Subcommittee for Agriculture15
28		-	and Consumer Affairs
29		-	Natural Resources or their designees, ex officio;"16
	22	+	and Consumer Affairs Natural Resources or their designees, ex officio;"16
30	23		PART II17
31	24		Senate Committee Name Correction18
32	25		SECTION 2-1.19
33	26		Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is20
34	27		amended by revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World21
35	28		Congress Center Authority Overview Committee created, composition, officers, and duties,22
36	29		as follows:23
37	30		"10-9-20.24
38	31		There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia25
39	32		World Congress Center Authority Overview Committee to be composed of five members26
40	33		of the House of Representatives appointed by the Speaker of the House, one of whom shall27
41	34		be a member of the minority party, five members of the Senate appointed by the Senate28
42	35		Committee on Assignments, one of whom shall be a member of the minority party, the29
43	36		chairperson of the House Committee on Economic Development and Tourism or his or her30
44	37		designee, and the chairperson of the Senate Economic Development Committee Senate31
45	38		Committee on Economic Development and Tourism or his or her designee. The members32
46	39		of the committee shall serve two-year terms concurrent with their terms as members of the33
47	40		General Assembly. The chairperson of the committee shall be appointed by the Senate34
48	41		Committee on Assignments from the membership of the committee, and the vice35
49	42		chairperson of the committee shall be appointed by the Speaker of the House from the36
50	43		membership of the committee. The chairperson and vice chairperson shall serve terms of37
51	44		two years concurrent with their terms as members of the General Assembly. Vacancies in38
52	45		H. B. 1318 (SUB)
53	46		- 2 - 24 LC 54 0372S
54		-	an appointed member's position or in the offices of chairperson or vice chairperson of the
55		-	39
	47	+	an appointed member's position or in the offices of chairperson or vice chairperson of the39
56	48		committee shall be filled for the unexpired term in the same manner as the original40
57	49		appointment. The committee shall periodically inquire into and review the operations of41
58	50		the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically42
59	51		review and evaluate the success with which the authority is accomplishing its statutory43
60	52		duties and functions as provided in this chapter."44
61	53		PART III45
62	54		Georgia Education Authority (Schools)46
63	55		SECTION 3-1.47
64	56		Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in48
65	57		Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,49
66	58		relating to the Georgia Education Authority (Schools), and designating said part as reserved.50
67	59		SECTION 3-2.51
68	60		Said title is further amended in Code Section 20-3-152, relating to the Georgia Education52
69	61		Authority (University) creation, members, officers, and staff, quorum, procedural rules and53
70	62		regulations, and assignment to Department of Administrative Services, by revising54
71	63		subsection (b) as follows:55
72		-	"(b) The authority shall elect one of its members as chairman
73		-	chairperson and another as56
	64	+	"(b) The authority shall elect one of its members as chairman chairperson and another as56
74	65		vice-chairman vice chairperson and a secretary and treasurer, who need not necessarily be57
75	66		a member of the authority but who shall be the same as the secretary and treasurer of the58
76	67		Georgia Education Authority (Schools). The majority of the members of the authority shall59
77	68		constitute a quorum. No vacancy on the authority shall impair the right of the quorum to60
78	69		exercise all the rights and perform all the duties of the authority. The members of the61
79	70		authority shall not be entitled to compensation for their services but shall be entitled to and62
80	71		H. B. 1318 (SUB)
81	72		- 3 - 24 LC 54 0372S
82		-	shall be reimbursed for their actual expenses necessarily incurred in the performance of
83		-	63
84		-	their duties. The staff of the authority shall be the same as the staff of the Georgia
85		-	64
	73	+	shall be reimbursed for their actual expenses necessarily incurred in the performance of63
	74	+	their duties. The staff of the authority shall be the same as the staff of the Georgia64
86	75		Education Authority (Schools). The authority shall make rules and regulations for its own65
87	76		government. It shall have perpetual existence. Any change in name or composition of the66
88	77		authority shall in no way affect the vested rights of any person under the provisions of this67
89	78		article or impair the obligations of any contracts existing under this article."68
90	79		SECTION 3-3.69
91	80		Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is70
92	81		amended in Code Section 29-3-32, relating to investment of funds, by repealing71
93	82		paragraph (8) and designating said paragraph as reserved.72
94	83		SECTION 3-4.73
95	84		Said title is further amended in Code Section 29-5-32, relating to investment of estate funds74
96	85		by conservator, by repealing paragraph (8) and designating said paragraph as reserved.75
97	86		SECTION 3-5.76
98	87		Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,77
99	88		is amended by revising Code Section 45-15-13, relating to representation of state authorities78
100	89		by Attorney General, as follows:79
101	90		"45-15-13.80
102	91		As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the81
103	92		following instrumentalities of the state: Georgia Building Authority, Georgia Education82
104	93		Authority (Schools), Georgia Education Authority (University), Georgia Highway83
105	94		Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll84
106	95		Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency85
107	96		Communications Authority, and Savannah-Georgia Convention Center Authority."86
108	97		H. B. 1318 (SUB)
109	98		- 4 - 24 LC 54 0372S
110		-	SECTION 3-6.
111		-	87
	99	+	SECTION 3-6.87
112	100		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended88
113	101		in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:89
114	102		"(9) 'State authorities' means the following instrumentalities of the state: Georgia90
115		-	Building Authority, Georgia Education Authority (Schools),
116		-	Georgia Education Authority91
	103	+	Building Authority, Georgia Education Authority (Schools), Georgia Education Authority91
117	104		(University), Georgia Highway Authority, State Road and Tollway Authority, Georgia92
118	105		Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,93
119	106		Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier94
120	107		Islands Development Authority, Groveland Lake Development Authority, Georgia95
121	108		Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and96
122	109		other instrumentalities of the state created by the General Assembly and authorized to97
123	110		issue debt and not specifically exempt from this article."98
124	111		SECTION 3-7.99
125	112		Said title is further amended in Code Section 50-17-22, relating to State Financing and100
126	113		Investment Commission, by revising paragraph (2) of subsection (b) as follows:101
127	114		"(2) There shall be a construction division of the commission administered by a director102
128	115		who shall not be a member of the commission and who shall also serve as the executive103
129	116		secretary for the commission. The director and the staff of the construction division shall104
130	117		be appointed by and serve at the pleasure of the commission, shall provide administrative105
131	118		support for all personnel of the commission, and shall account for and keep all records106
132	119		pertaining to the operation and administration of the commission and its staff. The107
133	120		director, as executive secretary, shall prepare agendas and keep minutes of all meetings108
134	121		of the commission. In construction and construction related matters, the construction109
135	122		division shall act in accordance with the policies, resolutions, and directives of the110
136	123		Georgia Education Authority (Schools) and the Georgia Education Authority (University)111
137	124		until such time as such policies, resolutions, or directives are changed or modified by the112
138	125		H. B. 1318 (SUB)
139	126		- 5 - 24 LC 54 0372S
140		-	commission. In carrying out its responsibilities in connection with the application of any
141		-	113
	127	+	commission. In carrying out its responsibilities in connection with the application of any113
142	128		funds under its control, including the proceeds of any debt or any appropriation made114
143	129		directly to it for construction purposes, the commission is specifically authorized to115
144	130		acquire and construct projects for the benefit of any department or agency of the state or116
145	131		to contract with any such department or agency for the acquisition or construction of117
146	132		projects under policies, standards, and operating procedures to be established by the118
147	133		commission; provided, however, that the commission shall contract with the Department119
148	134		of Transportation or the Georgia Highway Authority or the State Road and Tollway120
149	135		Authority or any combination of the foregoing for the supervision of and contracting for121
150	136		design, planning, building, rebuilding, constructing, reconstructing, surfacing,122
151	137		resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,123
152	138		owning, maintaining, leasing, and managing any public roads and bridges for which124
153	139		general obligation debt has been authorized. The construction division also shall perform125
154	140		such construction related services and grant administration services for state agencies and126
155	141		instrumentalities and for local governments, instrumentalities of local governments, and127
156	142		other political subdivisions as may be assigned to the commission or to the construction128
157	143		division by executive order of the Governor."129
158	144		SECTION 3-8.130
159	145		Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2024, shall131
160	146		devolve by operation of law and without further action to the State of Georgia on July 1,132
161	147		2024. Any liabilities and obligations of the Georgia Education Authority (Schools) existing133
162	148		as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such134
163	149		instruments as may be required to maintain the same.135
164	150		H. B. 1318 (SUB)
165	151		- 6 - 24 LC 54 0372S
166		-	PART IV
167		-	136
	152	+	PART IV136
168	153		Georgia Rail Passenger Authority Overview Committee137
169	154		SECTION 4-1.138
170	155		Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is139
171	156		amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority140
172	157		Overview Committee, and designating said chapter as reserved.141
173	158		SECTION 4-2.142
174	159		Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June143
175	160		30, 2024, shall devolve by operation of law and without further action to the State of Georgia144
176	161		on July 1, 2024. Any liabilities and obligations of the Georgia Rail Passenger Authority145
177	162		Overview Committee existing as of June 30, 2024, shall be transferred and assumed by the146
178	163		State of Georgia, by such instruments as may be required to maintain the same.147
179	164		PART V148
180	165		Reports of the Office of Health Strategy and Coordination149
181	166		SECTION 5-1.150
182	167		Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising151
183	168		Code Section 31-53-6, relating to the compiling of reports and public dissemination of data,152
184	169		as follows:153
185	170		"31-53-6.154
186	171		(a) The office shall compile reports received from the following boards, commissions,155
187	172		committees, councils, and offices pursuant to each such entity's respective statutory156
188	173		reporting requirements:157
189	174		(1) The Maternal Mortality Review Committee;158
190	175		H. B. 1318 (SUB)
191	176		- 7 - 24 LC 54 0372S
192	177		(2) The Office of Women's Health;159
193	178		(3) The Kidney Disease Advisory Committee;160
194	179		(4)(2) The Hemophilia Advisory Board;161
195	180		(5)(3) The Georgia Council on Lupus Education and Awareness;162
196	181		(6)(4) The Georgia Palliative Care and Quality of Life Advisory Council;163
197	182		(7)(5) The Georgia Trauma Care Network Commission;164
198	183		(8)(6) The Behavioral Health Coordinating Council;165
199	184		(9)(7) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke166
200	185		Registry;167
201	186		(10)(8) The Office of Cardiac Care; and168
202	187		(11)(9) The Brain and Spinal Injury Trust Fund Commission.169
203	188		(b) The office shall maintain a website that permits public dissemination of data compiled170
204	189		by the boards, commissions, committees, councils, and offices listed in subsection (a) of171
205	190		this Code section."172
206	191		PART VI173
207	192		Partnership for Public Facilities and Infrastructure Act Guidelines Committee174
208	193		SECTION 6-1.175
209	194		Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended176
210	195		by repealing Code Section 36-91-111, relating to the creation and administration of the177
211	196		Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and178
212	197		designating said Code section as reserved.179
213	198		SECTION 6-2.180
214	199		Said title is further amended in Code Section 36-91-112, relating to model guidelines, by181
215	200		revising subsection (a) as follows:182
216	201		H. B. 1318 (SUB)
217	202		- 8 - 24 LC 54 0372S
218		-	"(a) Prior to executing any comprehensive agreement for the development or operation of
219		-	183
	203	+	"(a) Prior to executing any comprehensive agreement for the development or operation of183
220	204		a qualifying project pursuant to an unsolicited proposal received by a local government184
221		-	under this article, the local government shall adopt either:
222		-	185
	205	+	under this article, the local government shall adopt either:185
223	206		(1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act186
224	207		Guidelines Committee; or187
225	208		(2) Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain188
226	209		each of the factors identified in subsection (b) of this Code section."189
227	210		PART VII190
228	211		Georgia World War I Centennial Commission191
229	212		SECTION 7-1.192
230	213		Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,193
231	214		is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I194
232	215		Centennial Commission, and designating said article as reserved.195
233	216		SECTION 7-2.196
234	217		Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2024,197
235	218		shall devolve by operation of law and without further action to the State of Georgia on July198
236	219		1, 2024. Any liabilities and obligations of the Georgia World War I Centennial Commission199
237	220		existing as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by200
238	221		such instruments as may be required to maintain the same.201
239	222		H. B. 1318 (SUB)
240	223		- 9 - 24 LC 54 0372S
241		-	PART VIII
242		-	202
	224	+	PART VIII202
243	225		State Personnel Oversight Commission203
244	226		SECTION 8-1.204
245	227		Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,205
246	228		is amended by repealing Chapter 24, relating to the "Governmental Reorganization and206
247	229		Termination from Employment Reform Act of 1977."207
248	230		SECTION 8-2.208
249	231		Any assets of the State Personnel Oversight Commission existing as of June 30, 2024, shall209
250	232		devolve by operation of law and without further action to the State of Georgia on July 1,210
251	233		2024. Any liabilities and obligations of the State Personnel Oversight Commission existing211
252	234		as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such212
253	235		instruments as may be required to maintain the same.213
254	236		PART IX214
255	237		Small Business Assistance Advisory Council215
256	238		SECTION 9-1.216
257	239		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended217
258	240		by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and218
259	241		designating said part as reserved.219
260	242		H. B. 1318 (SUB)
261	243		- 10 - 24 LC 54 0372S
262		-	PART X
263		-	220
	244	+	PART X220
264	245		Commission on Regional Planning221
265	246		SECTION 10-1.222
266	247		Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the223
267	248		Commission on Regional Planning.224
268	249		SECTION 10-2.225
269	250		Any assets of the Commission on Regional Planning existing as of June 30, 2024, shall226
270	251		devolve by operation of law and without further action to the State of Georgia on July 1,227
271	252		2024. Any liabilities and obligations of the Commission on Regional Planning existing as228
272	253		of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such229
273	254		instruments as may be required to maintain the same.230
274	255		PART XI231
275	256		Commission on the Preservation of the State Capitol232
276	257		SECTION 11-1.233
277	258		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended234
278	259		by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the235
279	260		State Capitol.236
280	261		SECTION 11-2.237
281	262		Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,238
282	263		is amended in Code Section 45-13-72, relating to submission of recommendations to achieve239
283	264		highest museum standards, and designation of area as Georgia Capitol Agricultural History240
284	265		Museum, by revising subsection (b) as follows:241
285	266		H. B. 1318 (SUB)
286	267		- 11 - 24 LC 54 0372S
287		-	"(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of
288		-	242
289		-	the University System of Georgia and the Commission on the Preservation of the State
290		-	243
	268	+	"(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of242
	269	+	the University System of Georgia and the Commission on the Preservation of the State243
291	270		Capitol, shall designate areas within the capitol museum as the Georgia Capitol244
292	271		Agricultural History Museum areas. Such areas shall include information, artifacts,245
293	272		photographs, monuments, or other related items which tell the history and importance of246
294	273		agriculture to this state's economic growth. Except as provided for in this part, the Georgia247
295	274		Capitol Agricultural History Museum areas of the capitol museum shall be maintained,248
296	275		operated, and managed in the same manner as the other areas of the capitol museum."249
297	276		SECTION 11-3.250
298	277		Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,251
299	278		2024, shall devolve by operation of law and without further action to the State of Georgia on252
300	279		July 1, 2024. Any liabilities and obligations of the Commission on the Preservation of the253
301	280		State Capitol existing as of June 30, 2024, shall be transferred and assumed by the State of254
302	281		Georgia, by such instruments as may be required to maintain the same.255
303	282		PART XII256
304	283		Senate Committee Name Correction257
305	284		SECTION 12-1.258
306	285		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended259
307	286		by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery260
308	287		Corporation Legislative Oversight Committee, as follows:261
309	288		"(a) There is created as a joint committee of the General Assembly, the Georgia Lottery262
310	289		Corporation Legislative Oversight Committee, to be composed of the members of the263
311	290		House Committee on Regulated Industries and the Senate Economic Development264
312	291		Committee Senate Committee on Economic Development and Tourism. The chairpersons265
313	292		H. B. 1318 (SUB)
314	293		- 12 - 24 LC 54 0372S
315		-	of such committees shall serve as cochairpersons of the oversight committee. The
316		-	266
	294	+	of such committees shall serve as cochairpersons of the oversight committee. The266
317	295		oversight committee shall periodically inquire into and review the operations of the267
318	296		Georgia Lottery Corporation, as well as periodically review and evaluate the success with268
319		-	which the authority
320		-	corporation is accomplishing its statutory duties and functions as269
	297	+	which the authority corporation is accomplishing its statutory duties and functions as269
321	298		provided in this chapter. The oversight committee may conduct any independent audit or270
322	299		investigation of the authority corporation it deems necessary."271
323	300		PART XIII272
324	301		Effective Date273
325	302		SECTION 13-1.274
326	303		This Act shall become effective upon its approval by the Governor or upon its becoming law275
327	304		without such approval.276
328	305		PART XIV277
329	306		General Repealer278
330	307		SECTION 14-1.279
331	308		All laws and parts of laws in conflict with this Act are repealed.280
332	309		H. B. 1318 (SUB)
333	310		- 13 -