23 LC 54 0123
S. B. 23
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Senate Bill 23
By: Senators Kirkpatrick of the 32nd, Dolezal of the 27th, Beach of the 21st, Tillery of the
19th, Hufstetler of the 52nd and others
A BILL TO BE ENTITLED
AN ACT
To amend various titles of the Official Code of Georgia Annotated so as to revise a
1
committee name; to repeal provisions relating to inactive boards, panels, authorities, centers,2
commissions, committees, councils, task forces, and other such bodies; to make conforming3
changes throughout the Code; to provide for related matters; to repeal conflicting laws; and4
for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
PART I7
Senate Appropriations Subcommittee Name Correction8
SECTION 1-1.9
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by10
revising paragraph (1) of subsection (a) of Code Section 2-10-53.1, relating to oversight by11
legislative advisory committee, membership, duties, and expiration, as follows:12
"(1) The chairpersons of the House Appropriations Subcommittee for Economic13
Development and Tourism and the Senate Appropriations Subcommittee for Agriculture14
and Consumer Affairs
Natural Resources or their designees, ex officio;"15 23 LC 54 0123
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PART II
16
Georgia Education Authority (Schools)17
SECTION 2-1.18
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in19
Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,20
relating to the Georgia Education Authority (Schools), and designating said part as reserved.21
SECTION 2-2.22
Said title is further amended in Code Section 20-3-152, relating to the Georgia Education23
Authority (University) creation, members, officers, and staff, quorum, procedural rules and24
regulations, and assignment to Department of Administrative Services, by revising25
subsection (b) as follows:26
"(b) The authority shall elect one of its members as chairman
chairperson and another as27
vice-chairman vice-chairperson and a secretary and treasurer, who need not necessarily be28
a member of the authority but who shall be the same as the secretary and treasurer of the29
Georgia Education Authority (Schools). The majority of the members of the authority shall30
constitute a quorum. No vacancy on the authority shall impair the right of the quorum to31
exercise all the rights and perform all the duties of the authority. The members of the32
authority shall not be entitled to compensation for their services but shall be entitled to and33
shall be reimbursed for their actual expenses necessarily incurred in the performance of34
their duties. The staff of the authority shall be the same as the staff of the Georgia35
Education Authority (Schools). The authority shall make rules and regulations for its own36
government. It shall have perpetual existence. Any change in name or composition of the37
authority shall in no way affect the vested rights of any person under the provisions of this38
article or impair the obligations of any contracts existing under this article."39 23 LC 54 0123
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SECTION 2-3.
40
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is41
amended in Code Section 29-3-32, relating to investment of funds, by repealing paragraph42
(8) and designating said paragraph as reserved.43
SECTION 2-4.44
Said title is further amended in Code Section 29-5-32, relating to investment of estate funds45
by conservator, by repealing paragraph (8) and designating said paragraph as reserved.46
SECTION 2-5.47
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,48
is amended by revising Code Section 45-15-13, relating to representation of state authorities49
by Attorney General, as follows:50
"45-15-13.51
As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the52
following instrumentalities of the state: Georgia Building Authority, Georgia Education
53
Authority (Schools), Georgia Education Authority (University), Georgia Highway54
Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll55
Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency56
Communications Authority, and Savannah-Georgia Convention Center Authority."57
SECTION 2-6.58
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended59
in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:60
"(9) 'State authorities' means the following instrumentalities of the state: Georgia61
Building Authority, Georgia Education Authority (Schools), Georgia Education Authority62
(University), Georgia Highway Authority, State Road and Tollway Authority, Georgia63 23 LC 54 0123
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Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,
64
Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier65
Islands Development Authority, Groveland Lake Development Authority, Georgia66
Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and67
other instrumentalities of the state created by the General Assembly and authorized to68
issue debt and not specifically exempt from this article."69
SECTION 2-7.70
Said title is further amended in Code Section 50-17-22, relating to State Financing and71
Investment Commission, by revising paragraph (2) of subsection (b) as follows:72
"(2) There shall be a construction division of the commission administered by a director73
who shall not be a member of the commission and who shall also serve as the executive74
secretary for the commission. The director and the staff of the construction division shall75
be appointed by and serve at the pleasure of the commission, shall provide administrative76
support for all personnel of the commission, and shall account for and keep all records77
pertaining to the operation and administration of the commission and its staff. The78
director, as executive secretary, shall prepare agendas and keep minutes of all meetings79
of the commission. In construction and construction related matters, the construction80
division shall act in accordance with the policies, resolutions, and directives of the81
Georgia Education Authority (Schools) and the
Georgia Education Authority (University)82
until such time as such policies, resolutions, or directives are changed or modified by the83
commission. In carrying out its responsibilities in connection with the application of any84
funds under its control, including the proceeds of any debt or any appropriation made85
directly to it for construction purposes, the commission is specifically authorized to86
acquire and construct projects for the benefit of any department or agency of the state or87
to contract with any such department or agency for the acquisition or construction of88
projects under policies, standards, and operating procedures to be established by the89 23 LC 54 0123
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commission; provided, however, that the commission shall contract with the Department
90
of Transportation or the Georgia Highway Authority or the State Road and Tollway91
Authority or any combination of the foregoing for the supervision of and contracting for92
design, planning, building, rebuilding, constructing, reconstructing, surfacing,93
resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,94
owning, maintaining, leasing, and managing any public roads and bridges for which95
general obligation debt has been authorized. The construction division also shall perform96
such construction related services and grant administration services for state agencies and97
instrumentalities and for local governments, instrumentalities of local governments, and98
other political subdivisions as may be assigned to the commission or to the construction99
division by executive order of the Governor."100
SECTION 2-8.101
Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2023, shall102
devolve by operation of law and without further action to the State of Georgia on July 1,103
2023. Any liabilities and obligations of the Georgia Education Authority (Schools) existing104
as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such105
instruments as may be required to maintain the same.106
PART III107
Georgia Rail Passenger Authority Overview Committee108
SECTION 3-1.109
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is110
amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority111
Overview Committee, and designating said chapter as reserved.112 23 LC 54 0123
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SECTION 3-2.
113
Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June114
30, 2023, shall devolve by operation of law and without further action to the State of Georgia115
on July 1, 2023. Any liabilities and obligations of the Georgia Rail Passenger Authority116
Overview Committee existing as of June 30, 2023, shall be transferred and assumed by the117
State of Georgia, by such instruments as may be required to maintain the same.118
PART IV119
Georgia Palliative Care and Quality of Life Advisory Council120
SECTION 4-1.121
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising122
Code Section 31-7-191, relating to definitions regarding patient centered and family focused123
palliative care, as follows:124
"31-7-191.125
As used in this article, the term:126
(1) 'Commissioner' means the commissioner of community health.127
(2) 'Department' means the Department of Community Health.128
(3) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the
129
advisory council created pursuant to Code Section 31-7-192.130
(4)(3) 'Health care facility' means hospitals; other special care units, including but not131
limited to podiatric facilities; skilled nursing facilities; intermediate care facilities;132
assisted living communities; personal care homes; ambulatory surgical or obstetrical133
facilities; health maintenance organizations; home health agencies; and diagnostic,134
treatment, or rehabilitation centers.135
(5)(4) 'Palliative care' means those interventions which are intended to alleviate suffering136
and to achieve relief from, reduction of, or elimination of pain and of other physical,137 23 LC 54 0123
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emotional, social, or spiritual symptoms of distress to achieve the best quality of life for
138
the patients and their families."139
SECTION 4-2.140
Said title is further amended in Code Section 31-7-192, relating to the Georgia Palliative141
Care and Quality of Life Advisory Council, by repealing and designating said Code section142
as reserved.143
SECTION 4-3.144
Said title is further amended in Code Section 31-7-193, relating to the Palliative Care145
Consumer and Professional Information and Education Program, by repealing subsection (d).146
SECTION 4-4.147
Said title is further amended by revising Code Section 31-53-6, relating to the compiling of148
reports and public dissemination of data, as follows:149
"31-53-6.150
(a) The office shall compile reports received from the following boards, commissions,151
committees, councils, and offices pursuant to each such entity's respective statutory152
reporting requirements:153
(1) The Maternal Mortality Review Committee;154
(2) The Office of Women's Health;155
(3) The Kidney Disease Advisory Committee;156
(4) The Hemophilia Advisory Board;157
(5) The Georgia Council on Lupus Education and Awareness;158
(6) The Georgia Palliative Care and Quality of Life Advisory Council;
159
(7)(6) The Georgia Trauma Care Network Commission;160
(8)(7) The Behavioral Health Coordinating Council;161 23 LC 54 0123
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(9)(8) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke162
Registry;163
(10)(9) The Office of Cardiac Care; and164
(11)(10) The Brain and Spinal Injury Trust Fund Commission.165
(b) The office shall maintain a website that permits public dissemination of data compiled166
by the boards, commissions, committees, councils, and offices listed in subsection (a) of167
this Code section."168
PART V169
Partnership for Public Facilities and Infrastructure Act Guidelines Committee170
SECTION 5-1.171
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended172
by repealing Code Section 36-91-111, relating to the creation and administration of the173
Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and174
designating said Code section as reserved.175
SECTION 5-2.176
Said title is further amended in Code Section 36-91-112, relating to model guidelines, by177
revising subsection (a) as follows:178
"(a) Prior to executing any comprehensive agreement for the development or operation of179
a qualifying project pursuant to an unsolicited proposal received by a local government180
under this article, the local government shall adopt either:181
(1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act182
Guidelines Committee; or183
(2) Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain184
each of the factors identified in subsection (b) of this Code section."185 23 LC 54 0123
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PART VI
186
Georgia World War I Centennial Commission187
SECTION 6-1.188
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,189
is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I190
Centennial Commission, and designating said article as reserved.191
SECTION 6-2.192
Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2023,193
shall devolve by operation of law and without further action to the State of Georgia on July194
1, 2023. Any liabilities and obligations of the Georgia World War I Centennial Commission195
existing as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by196
such instruments as may be required to maintain the same.197
PART VII198
State Personnel Oversight Commission199
SECTION 7-1.200
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,201
is amended by repealing Chapter 24, relating to the "Governmental Reorganization and202
Termination from Employment Reform Act of 1977."203
SECTION 7-2.204
Any assets of the State Personnel Oversight Commission existing as of June 30, 2023, shall205
devolve by operation of law and without further action to the State of Georgia on July 1,206
2023. Any liabilities and obligations of the State Personnel Oversight Commission existing207 23 LC 54 0123
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as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such
208
instruments as may be required to maintain the same.209
PART VIII210
Small Business Assistance Advisory Council211
SECTION 8-1.212
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended213
by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and214
designating said part as reserved.215
PART IX216
Commission on Regional Planning217
SECTION 9-1.218
Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the219
Commission on Regional Planning.220
SECTION 9-2.221
Any assets of the Commission on Regional Planning existing as of June 30, 2023, shall222
devolve by operation of law and without further action to the State of Georgia on July 1,223
2023. Any liabilities and obligations of the Commission on Regional Planning existing as224
of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such225
instruments as may be required to maintain the same.226 23 LC 54 0123
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PART X
227
Commission on the Preservation of the State Capitol228
SECTION 10-1.229
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended230
by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the231
State Capitol.232
SECTION 10-2.233
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,234
is amended in Code Section 45-13-72, relating to submission of recommendations to achieve235
highest museum standards, and designation of area as Georgia Capitol Agricultural History236
Museum, by revising subsection (b) as follows:237
"(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of238
the University System of Georgia and the Commission on the Preservation of the State
239
Capitol, shall designate areas within the capitol museum as the Georgia Capitol240
Agricultural History Museum areas. Such areas shall include information, artifacts,241
photographs, monuments, or other related items which tell the history and importance of242
agriculture to this state's economic growth. Except as provided for in this part, the Georgia243
Capitol Agricultural History Museum areas of the capitol museum shall be maintained,244
operated, and managed in the same manner as the other areas of the capitol museum."245
SECTION 10-3.246
Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,247
2023, shall devolve by operation of law and without further action to the State of Georgia on248
July 1, 2023. Any liabilities and obligations of the Commission on the Preservation of the249 23 LC 54 0123
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State Capitol existing as of June 30, 2023, shall be transferred and assumed by the State of
250
Georgia, by such instruments as may be required to maintain the same.251
PART XI252
General Repealer253
SECTION 11-1.254
All laws and parts of laws in conflict with this Act are repealed.255