Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB23 Comm Sub / Bill

Filed 02/23/2023

                    23 LC 39 3806S
S. B. 23 (SUB)
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The House Committee on Code Revision offers 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 and certain procedures3
of the General Assembly; to make conforming changes throughout the Code; to provide for4
related matters; to repeal conflicting laws; and 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 23 LC 39 3806S
S. B. 23 (SUB)
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"(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
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 23 LC 39 3806S
S. B. 23 (SUB)
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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
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 23 LC 39 3806S
S. B. 23 (SUB)
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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
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 23 LC 39 3806S
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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
"(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 23 LC 39 3806S
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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
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 39 3806S
S. B. 23 (SUB)
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PART IV135
General Assembly136
SECTION 4-1.137
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is138
amended by repealing Code Section 28-1-17, relating to prefiling of proposed bills and139
resolutions prior to each legislative session and administrative procedure.140
SECTION 4-2.141
Said title is further amended in Code Section 28-3-24.1, relating to public distribution of142
legislative information in electronic format, by revising subsection (b) as follows:143
"(b)  The Secretary of the Senate and the Clerk of the House of Representatives may144
provide legislative information in electronic format to the GeorgiaNet Division of the145
Georgia Technology Authority for purposes of public distribution as provided in Code146
Section 50-25-14.  The information may be provided on at least a daily basis in the most147
current format available.  The information provided may include at a minimum: available148
schedules and agenda for committee meetings; available bill and resolution status149
information; and full text of all available prefiled and introduced versions of bills and150
resolutions, including amendments and substitutes.  The information provided may include151
such other matters as will in the determination of the Secretary and the Clerk contribute to152
the purposes of this Code section.  The Georgia Technology Authority shall work with the153
General Assembly to develop a single Internet site for the Georgia General Assembly.  The154
content and the format of the General Assembly Internet site shall be determined by the155
Legislative Services Committee."156 23 LC 39 3806S
S. B. 23 (SUB)
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PART V157
Georgia Rail Passenger Authority Overview Committee158
SECTION 5-1.159
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is160
amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority161
Overview Committee, and designating said chapter as reserved.162
SECTION 5-2.163
Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June164
30, 2023, shall devolve by operation of law and without further action to the State of Georgia165
on July 1, 2023.  Any liabilities and obligations of the Georgia Rail Passenger Authority166
Overview Committee existing as of June 30, 2023, shall be transferred and assumed by the167
State of Georgia, by such instruments as may be required to maintain the same.168
PART VI169
Reports of the Office of Health Strategy and Coordination170
SECTION 6-1.171
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising172
Code Section 31-53-6, relating to the compiling of reports and public dissemination of data,173
as follows:174
"31-53-6.175
(a)  The office shall compile reports received from the following boards, commissions,176
committees, councils, and offices pursuant to each such entity's respective statutory177
reporting requirements:178
(1)  The Maternal Mortality Review Committee;179 23 LC 39 3806S
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(2)  The Office of Women's Health;180
(3)  The Kidney Disease Advisory Committee;181
(4)(2) The Hemophilia Advisory Board;182
(5)(3) The Georgia Council on Lupus Education and Awareness;183
(6)(4) The Georgia Palliative Care and Quality of Life Advisory Council;184
(7)(5) The Georgia Trauma Care Network Commission;185
(8)(6) The Behavioral Health Coordinating Council;186
(9)(7) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke187
Registry;188
(10)(8) The Office of Cardiac Care; and189
(11)(9) The Brain and Spinal Injury Trust Fund Commission.190
(b)  The office shall maintain a website that permits public dissemination of data compiled191
by the boards, commissions, committees, councils, and offices listed in subsection (a) of192
this Code section."193
PART VII194
Partnership for Public Facilities and Infrastructure Act Guidelines Committee195
SECTION 7-1.196
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended197
by repealing Code Section 36-91-111, relating to the creation and administration of the198
Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and199
designating said Code section as reserved.200
SECTION 7-2.201
Said title is further amended in Code Section 36-91-112, relating to model guidelines, by202
revising subsection (a) as follows:203 23 LC 39 3806S
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"(a)  Prior to executing any comprehensive agreement for the development or operation of204
a qualifying project pursuant to an unsolicited proposal received by a local government205
under this article, the local government shall adopt either:206
(1)  The model guidelines from the Partnership for Public Facilities and Infrastructure Act207
Guidelines Committee; or208
(2)  Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain209
each of the factors identified in subsection (b) of this Code section."210
PART VIII211
Georgia World War I Centennial Commission212
SECTION 8-1.213
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,214
is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I215
Centennial Commission, and designating said article as reserved.216
SECTION 8-2.217
Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2023,218
shall devolve by operation of law and without further action to the State of Georgia on July219
1, 2023.  Any liabilities and obligations of the Georgia World War I Centennial Commission220
existing as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by221
such instruments as may be required to maintain the same.222 23 LC 39 3806S
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PART IX223
State Personnel Oversight Commission224
SECTION 9-1.225
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,226
is amended by repealing Chapter 24, relating to the "Governmental Reorganization and227
Termination from Employment Reform Act of 1977."228
SECTION 9-2.229
Any assets of the State Personnel Oversight Commission existing as of June 30, 2023, shall230
devolve by operation of law and without further action to the State of Georgia on July 1,231
2023.  Any liabilities and obligations of the State Personnel Oversight Commission existing232
as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such233
instruments as may be required to maintain the same.234
PART X235
Small Business Assistance Advisory Council236
SECTION 10-1.237
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended238
by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and239
designating said part as reserved.240 23 LC 39 3806S
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PART XI241
Commission on Regional Planning242
SECTION 11-1.243
Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the244
Commission on Regional Planning.245
SECTION 11-2.246
Any assets of the Commission on Regional Planning existing as of June 30, 2023, shall247
devolve by operation of law and without further action to the State of Georgia on July 1,248
2023.  Any liabilities and obligations of the Commission on Regional Planning existing as249
of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such250
instruments as may be required to maintain the same.251
PART XII252
Commission on the Preservation of the State Capitol253
SECTION 12-1.254
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended255
by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the256
State Capitol.257
SECTION 12-2.258
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,259
is amended in Code Section 45-13-72, relating to submission of recommendations to achieve260
highest museum standards, and designation of area as Georgia Capitol Agricultural History261
Museum, by revising subsection (b) as follows:262 23 LC 39 3806S
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"(b)  The Capitol Art Standards Commission, in cooperation with the Board of Regents of263
the University System of Georgia and the Commission on the Preservation of the State264
Capitol, shall designate areas within the capitol museum as the Georgia Capitol265
Agricultural History Museum areas.  Such areas shall include information, artifacts,266
photographs, monuments, or other related items which tell the history and importance of267
agriculture to this state's economic growth.  Except as provided for in this part, the Georgia268
Capitol Agricultural History Museum areas of the capitol museum shall be maintained,269
operated, and managed in the same manner as the other areas of the capitol museum."270
SECTION 12-3.271
Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,272
2023, shall devolve by operation of law and without further action to the State of Georgia on273
July 1, 2023.  Any liabilities and obligations of the Commission on the Preservation of the274
State Capitol existing as of June 30, 2023, shall be transferred and assumed by the State of275
Georgia, by such instruments as may be required to maintain the same.276
PART XIII277
Senate Committee Name Correction278
SECTION 13-1.279
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended280
by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery281
Corporation Legislative Oversight Committee, as follows:282
"(a)  There is created as a joint committee of the General Assembly, the Georgia Lottery283
Corporation Legislative Oversight Committee, to be composed of the members of the284
House Committee on Regulated Industries and the Senate Committee on Economic285
Development and Tourism Senate Economic Development Committee.  The chairpersons286 23 LC 39 3806S
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of such committees shall serve as cochairpersons of the oversight committee.  The287
oversight committee shall periodically inquire into and review the operations of the288
Georgia Lottery Corporation, as well as periodically review and evaluate the success with289
which the authority corporation is accomplishing its statutory duties and functions as290
provided in this chapter.  The oversight committee may conduct any independent audit or291
investigation of the authority corporation it deems necessary."292
PART XIV293
General Repealer294
SECTION 14-1.295
All laws and parts of laws in conflict with this Act are repealed.296