23 LC 54 0158S
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The Senate Committee on Government Oversight offered the following
substitute to SB 23:
A BILL TO BE ENTITLED
AN ACT
To amend various titles of the Official Code of Georgia Annotated so as to revise committee1
names; 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 0158S
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PART II16
Senate Committee Name Correction17
SECTION 2-1.18
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is19
amended by revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World20
Congress Center Authority Overview Committee created, composition, officers, and duties,21
as follows:22
"10-9-20.23
There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia24
World Congress Center Authority Overview Committee to be composed of five members25
of the House of Representatives appointed by the Speaker of the House, one of whom shall26
be a member of the minority party, five members of the Senate appointed by the Senate27
Committee on Assignments, one of whom shall be a member of the minority party, the28
chairperson of the House Committee on Economic Development and Tourism or his or her29
designee, and the chairperson of the Senate Committee on Economic Development and30
Tourism Senate Economic Development Committee or his or her designee. The members31
of the committee shall serve two-year terms concurrent with their terms as members of the32
General Assembly. The chairperson of the committee shall be appointed by the Senate33
Committee on Assignments from the membership of the committee, and the vice34
chairperson of the committee shall be appointed by the Speaker of the House from the35
membership of the committee. The chairperson and vice chairperson shall serve terms of36
two years concurrent with their terms as members of the General Assembly. Vacancies in37
an appointed member's position or in the offices of chairperson or vice chairperson of the38
committee shall be filled for the unexpired term in the same manner as the original39
appointment. The committee shall periodically inquire into and review the operations of40
the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically41 23 LC 54 0158S
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review and evaluate the success with which the authority is accomplishing its statutory42
duties and functions as provided in this chapter."43
PART III44
Georgia Education Authority (Schools)45
SECTION 3-1.46
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in47
Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,48
relating to the Georgia Education Authority (Schools), and designating said part as reserved.49
SECTION 3-2.50
Said title is further amended in Code Section 20-3-152, relating to the Georgia Education51
Authority (University) creation, members, officers, and staff, quorum, procedural rules and52
regulations, and assignment to Department of Administrative Services, by revising53
subsection (b) as follows:54
"(b) The authority shall elect one of its members as chairman chairperson and another as55
vice-chairman vice-chairperson and a secretary and treasurer, who need not necessarily be56
a member of the authority but who shall be the same as the secretary and treasurer of the57
Georgia Education Authority (Schools). The majority of the members of the authority shall58
constitute a quorum. No vacancy on the authority shall impair the right of the quorum to59
exercise all the rights and perform all the duties of the authority. The members of the60
authority shall not be entitled to compensation for their services but shall be entitled to and61
shall be reimbursed for their actual expenses necessarily incurred in the performance of62
their duties. The staff of the authority shall be the same as the staff of the Georgia63
Education Authority (Schools). The authority shall make rules and regulations for its own64
government. It shall have perpetual existence. Any change in name or composition of the65 23 LC 54 0158S
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authority shall in no way affect the vested rights of any person under the provisions of this66
article or impair the obligations of any contracts existing under this article."67
SECTION 3-3.68
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is69
amended in Code Section 29-3-32, relating to investment of funds, by repealing paragraph70
(8) and designating said paragraph as reserved.71
SECTION 3-4.72
Said title is further amended in Code Section 29-5-32, relating to investment of estate funds73
by conservator, by repealing paragraph (8) and designating said paragraph as reserved.74
SECTION 3-5.75
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,76
is amended by revising Code Section 45-15-13, relating to representation of state authorities77
by Attorney General, as follows:78
"45-15-13.79
As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the80
following instrumentalities of the state: Georgia Building Authority, Georgia Education81
Authority (Schools), Georgia Education Authority (University), Georgia Highway82
Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll83
Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency84
Communications Authority, and Savannah-Georgia Convention Center Authority."85
SECTION 3-6.86
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended87
in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:88 23 LC 54 0158S
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"(9) 'State authorities' means the following instrumentalities of the state: Georgia89
Building Authority, Georgia Education Authority (Schools), Georgia Education Authority90
(University), Georgia Highway Authority, State Road and Tollway Authority, Georgia91
Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,92
Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier93
Islands Development Authority, Groveland Lake Development Authority, Georgia94
Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and95
other instrumentalities of the state created by the General Assembly and authorized to96
issue debt and not specifically exempt from this article."97
SECTION 3-7.98
Said title is further amended in Code Section 50-17-22, relating to State Financing and99
Investment Commission, by revising paragraph (2) of subsection (b) as follows:100
"(2) There shall be a construction division of the commission administered by a director101
who shall not be a member of the commission and who shall also serve as the executive102
secretary for the commission. The director and the staff of the construction division shall103
be appointed by and serve at the pleasure of the commission, shall provide administrative104
support for all personnel of the commission, and shall account for and keep all records105
pertaining to the operation and administration of the commission and its staff. The106
director, as executive secretary, shall prepare agendas and keep minutes of all meetings107
of the commission. In construction and construction related matters, the construction108
division shall act in accordance with the policies, resolutions, and directives of the109
Georgia Education Authority (Schools) and the Georgia Education Authority (University)110
until such time as such policies, resolutions, or directives are changed or modified by the111
commission. In carrying out its responsibilities in connection with the application of any112
funds under its control, including the proceeds of any debt or any appropriation made113
directly to it for construction purposes, the commission is specifically authorized to114 23 LC 54 0158S
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acquire and construct projects for the benefit of any department or agency of the state or115
to contract with any such department or agency for the acquisition or construction of116
projects under policies, standards, and operating procedures to be established by the117
commission; provided, however, that the commission shall contract with the Department118
of Transportation or the Georgia Highway Authority or the State Road and Tollway119
Authority or any combination of the foregoing for the supervision of and contracting for120
design, planning, building, rebuilding, constructing, reconstructing, surfacing,121
resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,122
owning, maintaining, leasing, and managing any public roads and bridges for which123
general obligation debt has been authorized. The construction division also shall perform124
such construction related services and grant administration services for state agencies and125
instrumentalities and for local governments, instrumentalities of local governments, and126
other political subdivisions as may be assigned to the commission or to the construction127
division by executive order of the Governor."128
SECTION 3-8.129
Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2023, shall130
devolve by operation of law and without further action to the State of Georgia on July 1,131
2023. Any liabilities and obligations of the Georgia Education Authority (Schools) existing132
as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such133
instruments as may be required to maintain the same.134 23 LC 54 0158S
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PART IV135
Georgia Rail Passenger Authority Overview Committee136
SECTION 4-1.137
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is138
amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority139
Overview Committee, and designating said chapter as reserved.140
SECTION 4-2.141
Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June142
30, 2023, shall devolve by operation of law and without further action to the State of Georgia143
on July 1, 2023. Any liabilities and obligations of the Georgia Rail Passenger Authority144
Overview Committee existing as of June 30, 2023, shall be transferred and assumed by the145
State of Georgia, by such instruments as may be required to maintain the same.146
PART V147
Georgia Palliative Care and Quality of Life Advisory Council148
SECTION 5-1.149
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising150
Code Section 31-7-191, relating to definitions regarding patient centered and family focused151
palliative care, as follows:152
"31-7-191.153
As used in this article, the term:154
(1) 'Commissioner' means the commissioner of community health.155
(2) 'Department' means the Department of Community Health.156 23 LC 54 0158S
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(3) 'Georgia Palliative Care and Quality of Life Advisory Council' or 'council' means the157
advisory council created pursuant to Code Section 31-7-192.158
(4)(3) 'Health care facility' means hospitals; other special care units, including but not159
limited to podiatric facilities; skilled nursing facilities; intermediate care facilities;160
assisted living communities; personal care homes; ambulatory surgical or obstetrical161
facilities; health maintenance organizations; home health agencies; and diagnostic,162
treatment, or rehabilitation centers.163
(5)(4) 'Palliative care' means those interventions which are intended to alleviate suffering164
and to achieve relief from, reduction of, or elimination of pain and of other physical,165
emotional, social, or spiritual symptoms of distress to achieve the best quality of life for166
the patients and their families."167
SECTION 5-2.168
Said title is further amended in Code Section 31-7-192, relating to the Georgia Palliative169
Care and Quality of Life Advisory Council, by repealing and designating said Code section170
as reserved.171
SECTION 5-3.172
Said title is further amended in Code Section 31-7-193, relating to the Palliative Care173
Consumer and Professional Information and Education Program, by repealing subsection (d).174
SECTION 5-4.175
Said title is further amended by revising Code Section 31-53-6, relating to the compiling of176
reports and public dissemination of data, as follows:177 23 LC 54 0158S
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"31-53-6.178
(a) The office shall compile reports received from the following boards, commissions,179
committees, councils, and offices pursuant to each such entity's respective statutory180
reporting requirements:181
(1) The Maternal Mortality Review Committee;182
(2) The Office of Women's Health;183
(3) The Kidney Disease Advisory Committee;184
(4)(2) The Hemophilia Advisory Board;185
(5)(3) The Georgia Council on Lupus Education and Awareness;186
(6) The Georgia Palliative Care and Quality of Life Advisory Council;187
(7)(4) The Georgia Trauma Care Network Commission;188
(8)(5) The Behavioral Health Coordinating Council;189
(9)(6) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke190
Registry;191
(10)(7) The Office of Cardiac Care; and192
(11)(8) The Brain and Spinal Injury Trust Fund Commission.193
(b) The office shall maintain a website that permits public dissemination of data compiled194
by the boards, commissions, committees, councils, and offices listed in subsection (a) of195
this Code section."196
PART VI197
Partnership for Public Facilities and Infrastructure Act Guidelines Committee198
SECTION 6-1.199
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended200
by repealing Code Section 36-91-111, relating to the creation and administration of the201 23 LC 54 0158S
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Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and202
designating said Code section as reserved.203
SECTION 6-2.204
Said title is further amended in Code Section 36-91-112, relating to model guidelines, by205
revising subsection (a) as follows:206
"(a) Prior to executing any comprehensive agreement for the development or operation of207
a qualifying project pursuant to an unsolicited proposal received by a local government208
under this article, the local government shall adopt either:209
(1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act210
Guidelines Committee; or211
(2) Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain212
each of the factors identified in subsection (b) of this Code section."213
PART VII214
Georgia World War I Centennial Commission215
SECTION 7-1.216
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,217
is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I218
Centennial Commission, and designating said article as reserved.219
SECTION 7-2.220
Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2023,221
shall devolve by operation of law and without further action to the State of Georgia on July222
1, 2023. Any liabilities and obligations of the Georgia World War I Centennial Commission223 23 LC 54 0158S
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existing as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by224
such instruments as may be required to maintain the same.225
PART VIII226
State Personnel Oversight Commission227
SECTION 8-1.228
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,229
is amended by repealing Chapter 24, relating to the "Governmental Reorganization and230
Termination from Employment Reform Act of 1977."231
SECTION 8-2.232
Any assets of the State Personnel Oversight Commission existing as of June 30, 2023, shall233
devolve by operation of law and without further action to the State of Georgia on July 1,234
2023. Any liabilities and obligations of the State Personnel Oversight Commission existing235
as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such236
instruments as may be required to maintain the same.237
PART IX238
Small Business Assistance Advisory Council239
SECTION 9-1.240
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended241
by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and242
designating said part as reserved.243 23 LC 54 0158S
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PART X244
Commission on Regional Planning245
SECTION 10-1.246
Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the247
Commission on Regional Planning.248
SECTION 10-2.249
Any assets of the Commission on Regional Planning existing as of June 30, 2023, shall250
devolve by operation of law and without further action to the State of Georgia on July 1,251
2023. Any liabilities and obligations of the Commission on Regional Planning existing as252
of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such253
instruments as may be required to maintain the same.254
PART XI255
Commission on the Preservation of the State Capitol256
SECTION 11-1.257
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended258
by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the259
State Capitol.260
SECTION 11-2.261
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,262
is amended in Code Section 45-13-72, relating to submission of recommendations to achieve263
highest museum standards, and designation of area as Georgia Capitol Agricultural History264
Museum, by revising subsection (b) as follows:265 23 LC 54 0158S
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"(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of266
the University System of Georgia and the Commission on the Preservation of the State267
Capitol, shall designate areas within the capitol museum as the Georgia Capitol268
Agricultural History Museum areas. Such areas shall include information, artifacts,269
photographs, monuments, or other related items which tell the history and importance of270
agriculture to this state's economic growth. Except as provided for in this part, the Georgia271
Capitol Agricultural History Museum areas of the capitol museum shall be maintained,272
operated, and managed in the same manner as the other areas of the capitol museum."273
SECTION 11-3.274
Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,275
2023, shall devolve by operation of law and without further action to the State of Georgia on276
July 1, 2023. Any liabilities and obligations of the Commission on the Preservation of the277
State Capitol existing as of June 30, 2023, shall be transferred and assumed by the State of278
Georgia, by such instruments as may be required to maintain the same.279
PART XII280
Senate Committee Name Correction281
SECTION 12-1.282
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended283
by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery284
Corporation Legislative Oversight Committee, as follows:285
"(a) There is created as a joint committee of the General Assembly, the Georgia Lottery286
Corporation Legislative Oversight Committee, to be composed of the members of the287
House Committee on Regulated Industries and the Senate Committee on Economic288
Development and Tourism Senate Economic Development Committee. The chairpersons289 23 LC 54 0158S
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of such committees shall serve as cochairpersons of the oversight committee. The290
oversight committee shall periodically inquire into and review the operations of the291
Georgia Lottery Corporation, as well as periodically review and evaluate the success with292
which the authority corporation is accomplishing its statutory duties and functions as293
provided in this chapter. The oversight committee may conduct any independent audit or294
investigation of the authority corporation it deems necessary."295
PART XIII296
General Repealer297
SECTION 13-1.298
All laws and parts of laws in conflict with this Act are repealed.299