24 LC 54 0372S House Bill 1318 (COMMITTEE SUBSTITUTE) By: Representative Holcomb of the 81 st A BILL TO BE ENTITLED AN ACT To amend various titles of the Official Code of Georgia Annotated so as to revise committee 1 names; to repeal provisions relating to inactive boards, panels, authorities, centers,2 commissions, committees, councils, task forces, and other such bodies and certain procedures3 of the General Assembly; to make conforming changes throughout the Code; to provide for4 related matters; to provide for an effective date; to repeal conflicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 PART I8 Senate Appropriations Subcommittee Name Correction9 SECTION 1-1.10 Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by11 revising paragraph (1) of subsection (a) of Code Section 2-10-53.1, relating to oversight by12 legislative advisory committee, membership, duties, and expiration, as follows:13 H. B. 1318 (SUB) - 1 - 24 LC 54 0372S "(1) The chairpersons of the House Appropriations Subcommittee for Economic 14 Development and Tourism and the Senate Appropriations Subcommittee for Agriculture15 and Consumer Affairs Natural Resources or their designees, ex officio;"16 PART II17 Senate Committee Name Correction18 SECTION 2-1.19 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is20 amended by revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World21 Congress Center Authority Overview Committee created, composition, officers, and duties,22 as follows:23 "10-9-20.24 There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia25 World Congress Center Authority Overview Committee to be composed of five members26 of the House of Representatives appointed by the Speaker of the House, one of whom shall27 be a member of the minority party, five members of the Senate appointed by the Senate28 Committee on Assignments, one of whom shall be a member of the minority party, the29 chairperson of the House Committee on Economic Development and Tourism or his or her30 designee, and the chairperson of the Senate Economic Development Committee Senate31 Committee on Economic Development and Tourism or his or her designee. The members32 of the committee shall serve two-year terms concurrent with their terms as members of the33 General Assembly. The chairperson of the committee shall be appointed by the Senate34 Committee on Assignments from the membership of the committee, and the vice35 chairperson of the committee shall be appointed by the Speaker of the House from the36 membership of the committee. The chairperson and vice chairperson shall serve terms of37 two years concurrent with their terms as members of the General Assembly. Vacancies in38 H. B. 1318 (SUB) - 2 - 24 LC 54 0372S an appointed member's position or in the offices of chairperson or vice chairperson of the 39 committee shall be filled for the unexpired term in the same manner as the original40 appointment. The committee shall periodically inquire into and review the operations of41 the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically42 review and evaluate the success with which the authority is accomplishing its statutory43 duties and functions as provided in this chapter."44 PART III45 Georgia Education Authority (Schools)46 SECTION 3-1.47 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in48 Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,49 relating to the Georgia Education Authority (Schools), and designating said part as reserved.50 SECTION 3-2.51 Said title is further amended in Code Section 20-3-152, relating to the Georgia Education52 Authority (University) creation, members, officers, and staff, quorum, procedural rules and53 regulations, and assignment to Department of Administrative Services, by revising54 subsection (b) as follows:55 "(b) The authority shall elect one of its members as chairman chairperson and another as56 vice-chairman vice chairperson and a secretary and treasurer, who need not necessarily be57 a member of the authority but who shall be the same as the secretary and treasurer of the58 Georgia Education Authority (Schools). The majority of the members of the authority shall59 constitute a quorum. No vacancy on the authority shall impair the right of the quorum to60 exercise all the rights and perform all the duties of the authority. The members of the61 authority shall not be entitled to compensation for their services but shall be entitled to and62 H. B. 1318 (SUB) - 3 - 24 LC 54 0372S shall be reimbursed for their actual expenses necessarily incurred in the performance of 63 their duties. The staff of the authority shall be the same as the staff of the Georgia 64 Education Authority (Schools). The authority shall make rules and regulations for its own65 government. It shall have perpetual existence. Any change in name or composition of the66 authority shall in no way affect the vested rights of any person under the provisions of this67 article or impair the obligations of any contracts existing under this article."68 SECTION 3-3.69 Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is70 amended in Code Section 29-3-32, relating to investment of funds, by repealing71 paragraph (8) and designating said paragraph as reserved.72 SECTION 3-4.73 Said title is further amended in Code Section 29-5-32, relating to investment of estate funds74 by conservator, by repealing paragraph (8) and designating said paragraph as reserved.75 SECTION 3-5.76 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,77 is amended by revising Code Section 45-15-13, relating to representation of state authorities78 by Attorney General, as follows:79 "45-15-13.80 As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the81 following instrumentalities of the state: Georgia Building Authority, Georgia Education82 Authority (Schools), Georgia Education Authority (University), Georgia Highway83 Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll84 Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency85 Communications Authority, and Savannah-Georgia Convention Center Authority."86 H. B. 1318 (SUB) - 4 - 24 LC 54 0372S SECTION 3-6. 87 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended88 in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:89 "(9) 'State authorities' means the following instrumentalities of the state: Georgia90 Building Authority, Georgia Education Authority (Schools), Georgia Education Authority91 (University), Georgia Highway Authority, State Road and Tollway Authority, Georgia92 Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,93 Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier94 Islands Development Authority, Groveland Lake Development Authority, Georgia95 Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and96 other instrumentalities of the state created by the General Assembly and authorized to97 issue debt and not specifically exempt from this article."98 SECTION 3-7.99 Said title is further amended in Code Section 50-17-22, relating to State Financing and100 Investment Commission, by revising paragraph (2) of subsection (b) as follows:101 "(2) There shall be a construction division of the commission administered by a director102 who shall not be a member of the commission and who shall also serve as the executive103 secretary for the commission. The director and the staff of the construction division shall104 be appointed by and serve at the pleasure of the commission, shall provide administrative105 support for all personnel of the commission, and shall account for and keep all records106 pertaining to the operation and administration of the commission and its staff. The107 director, as executive secretary, shall prepare agendas and keep minutes of all meetings108 of the commission. In construction and construction related matters, the construction109 division shall act in accordance with the policies, resolutions, and directives of the110 Georgia Education Authority (Schools) and the Georgia Education Authority (University)111 until such time as such policies, resolutions, or directives are changed or modified by the112 H. B. 1318 (SUB) - 5 - 24 LC 54 0372S commission. In carrying out its responsibilities in connection with the application of any 113 funds under its control, including the proceeds of any debt or any appropriation made114 directly to it for construction purposes, the commission is specifically authorized to115 acquire and construct projects for the benefit of any department or agency of the state or116 to contract with any such department or agency for the acquisition or construction of117 projects under policies, standards, and operating procedures to be established by the118 commission; provided, however, that the commission shall contract with the Department119 of Transportation or the Georgia Highway Authority or the State Road and Tollway120 Authority or any combination of the foregoing for the supervision of and contracting for121 design, planning, building, rebuilding, constructing, reconstructing, surfacing,122 resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,123 owning, maintaining, leasing, and managing any public roads and bridges for which124 general obligation debt has been authorized. The construction division also shall perform125 such construction related services and grant administration services for state agencies and126 instrumentalities and for local governments, instrumentalities of local governments, and127 other political subdivisions as may be assigned to the commission or to the construction128 division by executive order of the Governor."129 SECTION 3-8.130 Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2024, shall131 devolve by operation of law and without further action to the State of Georgia on July 1,132 2024. Any liabilities and obligations of the Georgia Education Authority (Schools) existing133 as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such134 instruments as may be required to maintain the same.135 H. B. 1318 (SUB) - 6 - 24 LC 54 0372S PART IV 136 Georgia Rail Passenger Authority Overview Committee137 SECTION 4-1.138 Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is139 amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority140 Overview Committee, and designating said chapter as reserved.141 SECTION 4-2.142 Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June143 30, 2024, shall devolve by operation of law and without further action to the State of Georgia144 on July 1, 2024. Any liabilities and obligations of the Georgia Rail Passenger Authority145 Overview Committee existing as of June 30, 2024, shall be transferred and assumed by the146 State of Georgia, by such instruments as may be required to maintain the same.147 PART V148 Reports of the Office of Health Strategy and Coordination149 SECTION 5-1.150 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising151 Code Section 31-53-6, relating to the compiling of reports and public dissemination of data,152 as follows:153 "31-53-6.154 (a) The office shall compile reports received from the following boards, commissions,155 committees, councils, and offices pursuant to each such entity's respective statutory156 reporting requirements:157 (1) The Maternal Mortality Review Committee;158 H. B. 1318 (SUB) - 7 - 24 LC 54 0372S (2) The Office of Women's Health;159 (3) The Kidney Disease Advisory Committee;160 (4)(2) The Hemophilia Advisory Board;161 (5)(3) The Georgia Council on Lupus Education and Awareness;162 (6)(4) The Georgia Palliative Care and Quality of Life Advisory Council;163 (7)(5) The Georgia Trauma Care Network Commission;164 (8)(6) The Behavioral Health Coordinating Council;165 (9)(7) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke166 Registry;167 (10)(8) The Office of Cardiac Care; and168 (11)(9) The Brain and Spinal Injury Trust Fund Commission.169 (b) The office shall maintain a website that permits public dissemination of data compiled170 by the boards, commissions, committees, councils, and offices listed in subsection (a) of171 this Code section."172 PART VI173 Partnership for Public Facilities and Infrastructure Act Guidelines Committee174 SECTION 6-1.175 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended176 by repealing Code Section 36-91-111, relating to the creation and administration of the177 Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and178 designating said Code section as reserved.179 SECTION 6-2.180 Said title is further amended in Code Section 36-91-112, relating to model guidelines, by181 revising subsection (a) as follows:182 H. B. 1318 (SUB) - 8 - 24 LC 54 0372S "(a) Prior to executing any comprehensive agreement for the development or operation of 183 a qualifying project pursuant to an unsolicited proposal received by a local government184 under this article, the local government shall adopt either: 185 (1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act186 Guidelines Committee; or187 (2) Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain188 each of the factors identified in subsection (b) of this Code section."189 PART VII190 Georgia World War I Centennial Commission191 SECTION 7-1.192 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,193 is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I194 Centennial Commission, and designating said article as reserved.195 SECTION 7-2.196 Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2024,197 shall devolve by operation of law and without further action to the State of Georgia on July198 1, 2024. Any liabilities and obligations of the Georgia World War I Centennial Commission199 existing as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by200 such instruments as may be required to maintain the same.201 H. B. 1318 (SUB) - 9 - 24 LC 54 0372S PART VIII 202 State Personnel Oversight Commission203 SECTION 8-1.204 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,205 is amended by repealing Chapter 24, relating to the "Governmental Reorganization and206 Termination from Employment Reform Act of 1977."207 SECTION 8-2.208 Any assets of the State Personnel Oversight Commission existing as of June 30, 2024, shall209 devolve by operation of law and without further action to the State of Georgia on July 1,210 2024. Any liabilities and obligations of the State Personnel Oversight Commission existing211 as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such212 instruments as may be required to maintain the same.213 PART IX214 Small Business Assistance Advisory Council215 SECTION 9-1.216 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended217 by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and218 designating said part as reserved.219 H. B. 1318 (SUB) - 10 - 24 LC 54 0372S PART X 220 Commission on Regional Planning221 SECTION 10-1.222 Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the223 Commission on Regional Planning.224 SECTION 10-2.225 Any assets of the Commission on Regional Planning existing as of June 30, 2024, shall226 devolve by operation of law and without further action to the State of Georgia on July 1,227 2024. Any liabilities and obligations of the Commission on Regional Planning existing as228 of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such229 instruments as may be required to maintain the same.230 PART XI231 Commission on the Preservation of the State Capitol232 SECTION 11-1.233 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended234 by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the235 State Capitol.236 SECTION 11-2.237 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,238 is amended in Code Section 45-13-72, relating to submission of recommendations to achieve239 highest museum standards, and designation of area as Georgia Capitol Agricultural History240 Museum, by revising subsection (b) as follows:241 H. B. 1318 (SUB) - 11 - 24 LC 54 0372S "(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of 242 the University System of Georgia and the Commission on the Preservation of the State 243 Capitol, shall designate areas within the capitol museum as the Georgia Capitol244 Agricultural History Museum areas. Such areas shall include information, artifacts,245 photographs, monuments, or other related items which tell the history and importance of246 agriculture to this state's economic growth. Except as provided for in this part, the Georgia247 Capitol Agricultural History Museum areas of the capitol museum shall be maintained,248 operated, and managed in the same manner as the other areas of the capitol museum."249 SECTION 11-3.250 Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,251 2024, shall devolve by operation of law and without further action to the State of Georgia on252 July 1, 2024. Any liabilities and obligations of the Commission on the Preservation of the253 State Capitol existing as of June 30, 2024, shall be transferred and assumed by the State of254 Georgia, by such instruments as may be required to maintain the same.255 PART XII256 Senate Committee Name Correction257 SECTION 12-1.258 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended259 by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery260 Corporation Legislative Oversight Committee, as follows:261 "(a) There is created as a joint committee of the General Assembly, the Georgia Lottery262 Corporation Legislative Oversight Committee, to be composed of the members of the263 House Committee on Regulated Industries and the Senate Economic Development264 Committee Senate Committee on Economic Development and Tourism. The chairpersons265 H. B. 1318 (SUB) - 12 - 24 LC 54 0372S of such committees shall serve as cochairpersons of the oversight committee. The 266 oversight committee shall periodically inquire into and review the operations of the267 Georgia Lottery Corporation, as well as periodically review and evaluate the success with268 which the authority corporation is accomplishing its statutory duties and functions as269 provided in this chapter. The oversight committee may conduct any independent audit or270 investigation of the authority corporation it deems necessary."271 PART XIII272 Effective Date273 SECTION 13-1.274 This Act shall become effective upon its approval by the Governor or upon its becoming law275 without such approval.276 PART XIV277 General Repealer278 SECTION 14-1.279 All laws and parts of laws in conflict with this Act are repealed.280 H. B. 1318 (SUB) - 13 -