23 LC 39 3806S
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
AS PASSED
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 amend Part4
3 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating5
to the Georgia Data Analytic Center, so as to provide for definitions; to establish the Georgia6
Data Analytic Center as an agent of all executive state agencies; to provide for resolution of7
data sharing disputes between state agencies; to provide for statutory construction; to provide8
for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
PART I11
Senate Appropriations Subcommittee Name Correction12
SECTION 1-1.13 23 LC 39 3806S
S. B. 23
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Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by
14
revising paragraph (1) of subsection (a) of Code Section 2-10-53.1, relating to oversight by15
legislative advisory committee, membership, duties, and expiration, as follows:16
"(1) The chairpersons of the House Appropriations Subcommittee for Economic17
Development and Tourism and the Senate Appropriations Subcommittee for Agriculture18
and Consumer Affairs
Natural Resources or their designees, ex officio;"19
PART II20
Senate Committee Name Correction21
SECTION 2-1.22
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is23
amended by revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World24
Congress Center Authority Overview Committee created, composition, officers, and duties,25
as follows:26
"10-9-20.27
There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia28
World Congress Center Authority Overview Committee to be composed of five members29
of the House of Representatives appointed by the Speaker of the House, one of whom shall30
be a member of the minority party, five members of the Senate appointed by the Senate31
Committee on Assignments, one of whom shall be a member of the minority party, the32
chairperson of the House Committee on Economic Development and Tourism or his or her33
designee, and the chairperson of the Senate Committee on Economic Development and34
Tourism Senate Economic Development Committee or his or her designee. The members35
of the committee shall serve two-year terms concurrent with their terms as members of the36
General Assembly. The chairperson of the committee shall be appointed by the Senate37
Committee on Assignments from the membership of the committee, and the vice38 23 LC 39 3806S
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chairperson of the committee shall be appointed by the Speaker of the House from the
39
membership of the committee. The chairperson and vice chairperson shall serve terms of40
two years concurrent with their terms as members of the General Assembly. Vacancies in41
an appointed member's position or in the offices of chairperson or vice chairperson of the42
committee shall be filled for the unexpired term in the same manner as the original43
appointment. The committee shall periodically inquire into and review the operations of44
the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically45
review and evaluate the success with which the authority is accomplishing its statutory46
duties and functions as provided in this chapter."47
PART III48
Georgia Education Authority (Schools)49
SECTION 3-1.50
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in51
Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,52
relating to the Georgia Education Authority (Schools), and designating said part as reserved.53
SECTION 3-2.54
Said title is further amended in Code Section 20-3-152, relating to the Georgia Education55
Authority (University) creation, members, officers, and staff, quorum, procedural rules and56
regulations, and assignment to Department of Administrative Services, by revising57
subsection (b) as follows:58
"(b) The authority shall elect one of its members as chairman
chairperson and another as59
vice-chairman vice-chairperson and a secretary and treasurer, who need not necessarily be60
a member of the authority but who shall be the same as the secretary and treasurer of the61
Georgia Education Authority (Schools). The majority of the members of the authority shall62 23 LC 39 3806S
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constitute a quorum. No vacancy on the authority shall impair the right of the quorum to
63
exercise all the rights and perform all the duties of the authority. The members of the64
authority shall not be entitled to compensation for their services but shall be entitled to and65
shall be reimbursed for their actual expenses necessarily incurred in the performance of66
their duties. The staff of the authority shall be the same as the staff of the Georgia
67
Education Authority (Schools). The authority shall make rules and regulations for its own68
government. It shall have perpetual existence. Any change in name or composition of the69
authority shall in no way affect the vested rights of any person under the provisions of this70
article or impair the obligations of any contracts existing under this article."71
SECTION 3-3.72
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is73
amended in Code Section 29-3-32, relating to investment of funds, by repealing paragraph74
(8) and designating said paragraph as reserved.75
SECTION 3-4.76
Said title is further amended in Code Section 29-5-32, relating to investment of estate funds77
by conservator, by repealing paragraph (8) and designating said paragraph as reserved.78
SECTION 3-5.79
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,80
is amended by revising Code Section 45-15-13, relating to representation of state authorities81
by Attorney General, as follows:82
"45-15-13.83
As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the84
following instrumentalities of the state: Georgia Building Authority, Georgia Education85
Authority (Schools), Georgia Education Authority (University), Georgia Highway86 23 LC 39 3806S
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Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll
87
Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency88
Communications Authority, and Savannah-Georgia Convention Center Authority."89
SECTION 3-6.90
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended91
in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:92
"(9) 'State authorities' means the following instrumentalities of the state: Georgia93
Building Authority, Georgia Education Authority (Schools),
Georgia Education Authority94
(University), Georgia Highway Authority, State Road and Tollway Authority, Georgia95
Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,96
Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier97
Islands Development Authority, Groveland Lake Development Authority, Georgia98
Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and99
other instrumentalities of the state created by the General Assembly and authorized to100
issue debt and not specifically exempt from this article."101
SECTION 3-7.102
Said title is further amended in Code Section 50-17-22, relating to State Financing and103
Investment Commission, by revising paragraph (2) of subsection (b) as follows:104
"(2) There shall be a construction division of the commission administered by a director105
who shall not be a member of the commission and who shall also serve as the executive106
secretary for the commission. The director and the staff of the construction division shall107
be appointed by and serve at the pleasure of the commission, shall provide administrative108
support for all personnel of the commission, and shall account for and keep all records109
pertaining to the operation and administration of the commission and its staff. The110
director, as executive secretary, shall prepare agendas and keep minutes of all meetings111 23 LC 39 3806S
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of the commission. In construction and construction related matters, the construction
112
division shall act in accordance with the policies, resolutions, and directives of the113
Georgia Education Authority (Schools) and the
Georgia Education Authority (University)114
until such time as such policies, resolutions, or directives are changed or modified by the115
commission. In carrying out its responsibilities in connection with the application of any116
funds under its control, including the proceeds of any debt or any appropriation made117
directly to it for construction purposes, the commission is specifically authorized to118
acquire and construct projects for the benefit of any department or agency of the state or119
to contract with any such department or agency for the acquisition or construction of120
projects under policies, standards, and operating procedures to be established by the121
commission; provided, however, that the commission shall contract with the Department122
of Transportation or the Georgia Highway Authority or the State Road and Tollway123
Authority or any combination of the foregoing for the supervision of and contracting for124
design, planning, building, rebuilding, constructing, reconstructing, surfacing,125
resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,126
owning, maintaining, leasing, and managing any public roads and bridges for which127
general obligation debt has been authorized. The construction division also shall perform128
such construction related services and grant administration services for state agencies and129
instrumentalities and for local governments, instrumentalities of local governments, and130
other political subdivisions as may be assigned to the commission or to the construction131
division by executive order of the Governor."132
SECTION 3-8.133
Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2023, shall134
devolve by operation of law and without further action to the State of Georgia on July 1,135
2023. Any liabilities and obligations of the Georgia Education Authority (Schools) existing136 23 LC 39 3806S
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as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such
137
instruments as may be required to maintain the same.138
PART IV139
General Assembly140
SECTION 4-1.141
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is142
amended by repealing Code Section 28-1-17, relating to prefiling of proposed bills and143
resolutions prior to each legislative session and administrative procedure.144
SECTION 4-2.145
Said title is further amended in Code Section 28-3-24.1, relating to public distribution of146
legislative information in electronic format, by revising subsection (b) as follows:147
"(b) The Secretary of the Senate and the Clerk of the House of Representatives may148
provide legislative information in electronic format to the GeorgiaNet Division of the149
Georgia Technology Authority for purposes of public distribution as provided in Code150
Section 50-25-14. The information may be provided on at least a daily basis in the most151
current format available. The information provided may include at a minimum: available152
schedules and agenda for committee meetings; available bill and resolution status153
information; and full text of all available prefiled and
introduced versions of bills and154
resolutions, including amendments and substitutes. The information provided may include155
such other matters as will in the determination of the Secretary and the Clerk contribute to156
the purposes of this Code section. The Georgia Technology Authority shall work with the157
General Assembly to develop a single Internet site for the Georgia General Assembly. The158
content and the format of the General Assembly Internet site shall be determined by the159
Legislative Services Committee."160 23 LC 39 3806S
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PART V
161
Georgia Rail Passenger Authority Overview Committee162
SECTION 5-1.163
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is164
amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority165
Overview Committee, and designating said chapter as reserved.166
SECTION 5-2.167
Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June168
30, 2023, shall devolve by operation of law and without further action to the State of Georgia169
on July 1, 2023. Any liabilities and obligations of the Georgia Rail Passenger Authority170
Overview Committee existing as of June 30, 2023, shall be transferred and assumed by the171
State of Georgia, by such instruments as may be required to maintain the same.172
PART VI173
Reports of the Office of Health Strategy and Coordination174
SECTION 6-1.175
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising176
Code Section 31-53-6, relating to the compiling of reports and public dissemination of data,177
as follows:178
"31-53-6.179
(a) The office shall compile reports received from the following boards, commissions,180
committees, councils, and offices pursuant to each such entity's respective statutory181
reporting requirements:182
(1) The Maternal Mortality Review Committee;183 23 LC 39 3806S
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(2) The Office of Women's Health;184
(3) The Kidney Disease Advisory Committee;185
(4)(2) The Hemophilia Advisory Board;186
(5)(3) The Georgia Council on Lupus Education and Awareness;187
(6)(4) The Georgia Palliative Care and Quality of Life Advisory Council;188
(7)(5) The Georgia Trauma Care Network Commission;189
(8)(6) The Behavioral Health Coordinating Council;190
(9)(7) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke191
Registry;192
(10)(8) The Office of Cardiac Care; and193
(11)(9) The Brain and Spinal Injury Trust Fund Commission.194
(b) The office shall maintain a website that permits public dissemination of data compiled195
by the boards, commissions, committees, councils, and offices listed in subsection (a) of196
this Code section."197
PART VII198
Partnership for Public Facilities and Infrastructure Act Guidelines Committee199
SECTION 7-1.200
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended201
by repealing Code Section 36-91-111, relating to the creation and administration of the202
Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and203
designating said Code section as reserved.204
SECTION 7-2.205
Said title is further amended in Code Section 36-91-112, relating to model guidelines, by206
revising subsection (a) as follows:207 23 LC 39 3806S
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"(a) Prior to executing any comprehensive agreement for the development or operation of
208
a qualifying project pursuant to an unsolicited proposal received by a local government209
under this article, the local government shall adopt either:
210
(1) The model guidelines from the Partnership for Public Facilities and Infrastructure Act211
Guidelines Committee; or212
(2) Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain213
each of the factors identified in subsection (b) of this Code section."214
PART VIII215
Georgia World War I Centennial Commission216
SECTION 8-1.217
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,218
is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I219
Centennial Commission, and designating said article as reserved.220
SECTION 8-2.221
Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2023,222
shall devolve by operation of law and without further action to the State of Georgia on July223
1, 2023. Any liabilities and obligations of the Georgia World War I Centennial Commission224
existing as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by225
such instruments as may be required to maintain the same.226 23 LC 39 3806S
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PART IX
227
State Personnel Oversight Commission228
SECTION 9-1.229
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,230
is amended by repealing Chapter 24, relating to the "Governmental Reorganization and231
Termination from Employment Reform Act of 1977."232
SECTION 9-2.233
Any assets of the State Personnel Oversight Commission existing as of June 30, 2023, shall234
devolve by operation of law and without further action to the State of Georgia on July 1,235
2023. Any liabilities and obligations of the State Personnel Oversight Commission existing236
as of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such237
instruments as may be required to maintain the same.238
PART X239
Small Business Assistance Advisory Council240
SECTION 10-1.241
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended242
by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and243
designating said part as reserved.244 23 LC 39 3806S
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PART XI
245
Commission on Regional Planning246
SECTION 11-1.247
Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the248
Commission on Regional Planning.249
SECTION 11-2.250
Any assets of the Commission on Regional Planning existing as of June 30, 2023, shall251
devolve by operation of law and without further action to the State of Georgia on July 1,252
2023. Any liabilities and obligations of the Commission on Regional Planning existing as253
of June 30, 2023, shall be transferred and assumed by the State of Georgia, by such254
instruments as may be required to maintain the same.255
PART XII256
Commission on the Preservation of the State Capitol257
SECTION 12-1.258
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended259
by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the260
State Capitol.261
SECTION 12-2.262
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,263
is amended in Code Section 45-13-72, relating to submission of recommendations to achieve264
highest museum standards, and designation of area as Georgia Capitol Agricultural History265
Museum, by revising subsection (b) as follows:266 23 LC 39 3806S
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"(b) The Capitol Art Standards Commission, in cooperation with the Board of Regents of
267
the University System of Georgia and the Commission on the Preservation of the State
268
Capitol, shall designate areas within the capitol museum as the Georgia Capitol269
Agricultural History Museum areas. Such areas shall include information, artifacts,270
photographs, monuments, or other related items which tell the history and importance of271
agriculture to this state's economic growth. Except as provided for in this part, the Georgia272
Capitol Agricultural History Museum areas of the capitol museum shall be maintained,273
operated, and managed in the same manner as the other areas of the capitol museum."274
SECTION 12-3.275
Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,276
2023, shall devolve by operation of law and without further action to the State of Georgia on277
July 1, 2023. Any liabilities and obligations of the Commission on the Preservation of the278
State Capitol existing as of June 30, 2023, shall be transferred and assumed by the State of279
Georgia, by such instruments as may be required to maintain the same.280
PART XIII281
Senate Committee Name Correction282
SECTION 13-1.283
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended284
by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery285
Corporation Legislative Oversight Committee, as follows:286
"(a) There is created as a joint committee of the General Assembly, the Georgia Lottery287
Corporation Legislative Oversight Committee, to be composed of the members of the288
House Committee on Regulated Industries and the Senate Committee on Economic289
Development and Tourism Senate Economic Development Committee. The chairpersons290 23 LC 39 3806S
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of such committees shall serve as cochairpersons of the oversight committee. The
291
oversight committee shall periodically inquire into and review the operations of the292
Georgia Lottery Corporation, as well as periodically review and evaluate the success with293
which the authority
corporation is accomplishing its statutory duties and functions as294
provided in this chapter. The oversight committee may conduct any independent audit or295
investigation of the authority corporation it deems necessary."296
PART XIIIA297
Georgia Data Analytic Center298
SECTION 13A-1.299
Part 3 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated,300
relating to the Georgia Data Analytic Center, is amended by adding two new paragraphs to301
Code Section 45-12-150, relating to definitions, to read as follows:302
"(2.1)(A) 'Executive state agency' means any agency, authority, board, bureau,303
commission, department, division, office, or other unit of the executive branch of state304
government whether established by or pursuant to the Constitution of the State of305
Georgia, the Official Code of Georgia, any administrative rule or regulation, or any306
executive order.307
(B) Such term shall not include:308
(i) The legislative or judicial branches of state government;309
(ii) Any political subdivision;310
(iii) The Georgia State Financing and Investment Commission; or311
(iv) The Board of Regents of the University System of Georgia."312
"(3.1)(A) 'Government information' means any information created, received,313
maintained, or stored by, or otherwise in the control of, an executive state agency,314
regardless of the form or the media on which the information is recorded.315
(B) Such term shall not include:316 23 LC 39 3806S
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(i) Investigative records of law enforcement agencies;317
(ii) Confidential investigative records related to an ongoing investigation and any318
related information classified as confidential; or319
(iii) Confidential advisory opinions requested or given by the office of the inspector320
general."321
SECTION 13A-2.322
Said part is further amended by revising Code Section 45-12-153, relating to access to data,323
as follows:324
"45-12-153.325
(a) Any state agency or department that creates, receives, or maintains publicly supported326
program, fiscal, or health data shall, only after execution of an enforceable data use, data327
sharing, or other similar agreement that is acceptable to the state agency or department,328
transmit or allow access to such data as is necessary and appropriate to further the purposes329
of this part and shall cooperate with GDAC Project requests for receipt of or access to such330
data. Notwithstanding the foregoing, any state agency or department shall not be required331
to transmit data which it creates, receives, or maintains to the GDAC Project or to allow332
access to such data if the Attorney General's review or the applicable state agency's or333
department's review determines that such transmission or access would violate state or334
federal law. The Attorney General's review shall include consideration of an analysis from335
the state agency or department whose data are being requested, and shall include the336
reason, if any, that the requested data cannot be transmitted or allowed for access to the337
Georgia Data Analytic Center as an agent of the state agency or department as provided in338
subsection (c) of this Code section.339
(b) This Code section shall not prohibit the office or any agency or department from340
creating, receiving, maintaining, or transmitting data in data systems that are separate and341
distinct from the GDAC Project.342 23 LC 39 3806S
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(c) The Georgia Data Analytic Center is considered to be an agent of all executive state343
agencies sharing government information and is an authorized receiver of government344
information under the statutory or administrative law that governs such government345
information.346
(d) Interagency and intra-agency data sharing under this part does not constitute a347
disclosure or release under any statutory or administrative law that governs the government348
information. In no event shall government information accessed, received, or obtained by349
the Georgia Data Analytic Center, which is protected by any form of confidentiality or350
privilege, cause such information to be subject to disclosure, including, but not limited to,351
disclosure pursuant to Code Sections 50-18-70 and 50-18-72.352
(e) The director of the Office of Planning and Budget shall have the authority to review353
data sharing disputes between executive state agencies where a data request made by one354
agency to another is denied following a department or agency's finding that transmission355
or access would violate state or federal law. At the request of an agency, such director356
shall perform a review of a data request and issue a final determination as to whether such357
transmission or access to data from one agency to another would violate state or federal358
law. The director's review shall include consideration of an analysis from the state agency359
or department whose data are being requested. The director shall consult with the360
chairpersons of the Senate and House appropriations committees prior to making a final361
determination. In the event that the director's final determination concludes that such362
transmission or access to data does not violate state or federal law, the final determination363
shall have the effect of overturning the agency's finding and compelling it to cooperate with364
the data transfer as requested by the requesting agency.365
(f) Nothing in this part is intended to or shall be construed to limit the authority of the state366
auditor pursuant to Chapter 6 of Title 50 to obtain information directly from executive state367
agencies."368
369 23 LC 39 3806S
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PART XIV
370
General Repealer371
SECTION 14-1.372
All laws and parts of laws in conflict with this Act are repealed.373