Georgia 2023-2024 Regular Session

Georgia House Bill HB1318 Latest Draft

Bill / Comm Sub Version Filed 02/29/2024

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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
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"(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
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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
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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
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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
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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
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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
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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
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(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
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"(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
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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
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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
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"(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
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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
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