Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB341 Comm Sub / Bill

Filed 03/13/2024

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The House Committee on Governmental Affairs offers the following substitute to SB 341:
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 revise certain4
provisions relating to the Legislative Services Committee; to revise provisions relating to the5
legislative fiscal office's scope of authority; to provide for related matters; to provide for an6
effective date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
PART I9
Senate Appropriations Subcommittee Name Correction10
SECTION 1-1.11
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by12
revising paragraph (1) of subsection (a) of Code Section 2-10-53.1, relating to oversight by13
legislative advisory committee, membership, duties, and expiration, as follows:14
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"(1) The chairpersons of the House Appropriations Subcommittee for Economic15
Development and Tourism and the Senate Appropriations Subcommittee for Agriculture16
and Consumer Affairs Natural Resources or their designees, ex officio;"17
PART II18
Senate Committee Name Correction19
SECTION 2-1.20
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is21
amended by revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World22
Congress Center Authority Overview Committee created, composition, officers, and duties,23
as follows:24
"10-9-20.25
There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia26
World Congress Center Authority Overview Committee to be composed of five members27
of the House of Representatives appointed by the Speaker of the House, one of whom shall28
be a member of the minority party, five members of the Senate appointed by the Senate29
Committee on Assignments, one of whom shall be a member of the minority party, the30
chairperson of the House Committee on Economic Development and Tourism or his or her31
designee, and the chairperson of the Senate Economic Development Committee Senate32
Committee on Economic Development and Tourism or his or her designee.  The members33
of the committee shall serve two-year terms concurrent with their terms as members of the34
General Assembly.  The chairperson of the committee shall be appointed by the Senate35
Committee on Assignments from the membership of the committee, and the vice36
chairperson of the committee shall be appointed by the Speaker of the House from the37
membership of the committee.  The chairperson and vice chairperson shall serve terms of38
two years concurrent with their terms as members of the General Assembly.  Vacancies in39
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an appointed member's position or in the offices of chairperson or vice chairperson of the40
committee shall be filled for the unexpired term in the same manner as the original41
appointment.  The committee shall periodically inquire into and review the operations of42
the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically43
review and evaluate the success with which the authority is accomplishing its statutory44
duties and functions as provided in this chapter."45
PART III46
Georgia Education Authority (Schools)47
SECTION 3-1.48
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in49
Article 11 of Chapter 2, relating to public school property and facilities, by repealing Part 3,50
relating to the Georgia Education Authority (Schools), and designating said part as reserved.51
SECTION 3-2.52
Said title is further amended in Code Section 20-3-152, relating to the Georgia Education53
Authority (University) creation, members, officers, and staff, quorum, procedural rules and54
regulations, and assignment to Department of Administrative Services, by revising55
subsection (b) as follows:56
"(b)  The authority shall elect one of its members as chairman chairperson and another as57
vice-chairman vice chairperson and a secretary and treasurer, who need not necessarily be58
a member of the authority but who shall be the same as the secretary and treasurer of the59
Georgia Education Authority (Schools).  The majority of the members of the authority shall60
constitute a quorum.  No vacancy on the authority shall impair the right of the quorum to61
exercise all the rights and perform all the duties of the authority.  The members of the62
authority shall not be entitled to compensation for their services but shall be entitled to and63
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shall be reimbursed for their actual expenses necessarily incurred in the performance of64
their duties.  The staff of the authority shall be the same as the staff of the Georgia65
Education Authority (Schools). The authority shall make rules and regulations for its own66
government.  It shall have perpetual existence.  Any change in name or composition of the67
authority shall in no way affect the vested rights of any person under the provisions of this68
article or impair the obligations of any contracts existing under this article."69
SECTION 3-3.70
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is71
amended in Code Section 29-3-32, relating to investment of funds, by repealing72
paragraph (8) and designating said paragraph as reserved.73
SECTION 3-4.74
Said title is further amended in Code Section 29-5-32, relating to investment of estate funds75
by conservator, by repealing paragraph (8) and designating said paragraph as reserved.76
SECTION 3-5.77
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,78
is amended by revising Code Section 45-15-13, relating to representation of state authorities79
by Attorney General, as follows:80
"45-15-13.81
As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the82
following instrumentalities of the state: Georgia Building Authority, Georgia Education83
Authority (Schools), Georgia Education Authority (University), Georgia Highway84
Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll85
Island—State Park Authority, Stone Mountain Memorial Association, Georgia Emergency86
Communications Authority, and Savannah-Georgia Convention Center Authority."87
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SECTION 3-6.88
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended89
in Code Section 50-17-21, relating to definitions, by revising paragraph (9) as follows:90
"(9) 'State authorities' means the following instrumentalities of the state: Georgia91
Building Authority, Georgia Education Authority (Schools), Georgia Education Authority92
(University), Georgia Highway Authority, State Road and Tollway Authority, Georgia93
Ports Authority, Georgia Development Authority, Jekyll Island—State Park Authority,94
Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier95
Islands Development Authority, Groveland Lake Development Authority, Georgia96
Higher Education Assistance Authority, the Georgia Housing and Finance Authority, and97
other instrumentalities of the state created by the General Assembly and authorized to98
issue debt and not specifically exempt from this article."99
SECTION 3-7.100
Said title is further amended in Code Section 50-17-22, relating to State Financing and101
Investment Commission, by revising paragraph (2) of subsection (b) as follows:102
"(2)  There shall be a construction division of the commission administered by a director103
who shall not be a member of the commission and who shall also serve as the executive104
secretary for the commission.  The director and the staff of the construction division shall105
be appointed by and serve at the pleasure of the commission, shall provide administrative106
support for all personnel of the commission, and shall account for and keep all records107
pertaining to the operation and administration of the commission and its staff.  The108
director, as executive secretary, shall prepare agendas and keep minutes of all meetings109
of the commission.  In construction and construction related matters, the construction110
division shall act in accordance with the policies, resolutions, and directives of the111
Georgia Education Authority (Schools) and the Georgia Education Authority (University)112
until such time as such policies, resolutions, or directives are changed or modified by the113
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commission.  In carrying out its responsibilities in connection with the application of any114
funds under its control, including the proceeds of any debt or any appropriation made115
directly to it for construction purposes, the commission is specifically authorized to116
acquire and construct projects for the benefit of any department or agency of the state or117
to contract with any such department or agency for the acquisition or construction of118
projects under policies, standards, and operating procedures to be established by the119
commission; provided, however, that the commission shall contract with the Department120
of Transportation or the Georgia Highway Authority or the State Road and Tollway121
Authority or any combination of the foregoing for the supervision of and contracting for122
design, planning, building, rebuilding, constructing, reconstructing, surfacing,123
resurfacing, laying out, grading, repairing, improving, widening, straightening, operating,124
owning, maintaining, leasing, and managing any public roads and bridges for which125
general obligation debt has been authorized.  The construction division also shall perform126
such construction related services and grant administration services for state agencies and127
instrumentalities and for local governments, instrumentalities of local governments, and128
other political subdivisions as may be assigned to the commission or to the construction129
division by executive order of the Governor."130
SECTION 3-8.131
Any assets of the Georgia Education Authority (Schools) existing as of June 30, 2024, shall132
devolve by operation of law and without further action to the State of Georgia on July 1,133
2024, and any real property held, owned, or under the custody or control of the Georgia134
Education Authority (Schools) shall constitute property as defined in paragraph (8) of Code135
Section 50-16-31. Any liabilities and obligations of the Georgia Education Authority136
(Schools) existing as of June 30, 2024, shall be transferred and assumed by the State of137
Georgia, by such instruments as may be required to maintain the same.138
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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 public website for the Georgia General158
Assembly.  The content and the format of the General Assembly Internet site public159
website shall be determined by the Legislative Services Committee."160
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PART V161
Legislative Services Committee162
SECTION 5-1.163
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is164
amended in Chapter 4, relating to legislative services, by revising Code Section 28-4-1,165
relating to the Legislative Services Committee, creation, membership, compensation, and166
members, as follows:167
"28-4-1.168
(a)  There is created the Legislative Services Committee, hereinafter called the committee,169
to be composed of the:170
(1) Speaker of the House of Representatives, the;171
(2) President of the Senate, the;172
(3)  Chairperson chairperson of the Appropriations Committee of the Senate, the;173
(4) Chairperson chairperson of the Appropriations Committee of the House of174
Representatives, the;175
(5)  Chairperson chairperson of the Judiciary Committee of the Senate, the;176
(6)  Chairperson chairperson of the Judiciary Committee of the House of Representatives,177
the;178
(7)  Chairperson chairperson of the Banking and Financial Institutions Committee of the179
Senate, the;180
(8) Chairperson chairperson of the Ways and Means Committee of the House of181
Representatives, the;182
(9) President Pro Tempore of the Senate, the;183
(10) Speaker Pro Tempore of the House of Representatives, the;184
(11)  Majority majority leader of the Senate, the;185
(12)  Majority majority leader of the House of Representatives, the;186
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(13)  Minority minority leader of the Senate, the;187
(14)  Minority minority leader of the House of Representatives, the;188
(15) Secretary of the Senate, and the; and189
(16) Clerk of the House of Representatives. The Speaker of the House of190
Representatives shall be chairperson of the committee, and the Secretary of the Senate191
shall be secretary of the committee.192
(b)  The Speaker of the House of Representatives and the President Pro Tempore of the193
Senate shall be cochairpersons; provided, however, that the Speaker of the House of194
Representatives shall be the presiding chairperson of the committee each odd-numbered195
year, and the President Pro Tempore of the Senate shall be the presiding chairperson of the196
committee each even-numbered year.  The President of the Senate shall at all times serve197
as the vice chairperson.198
(c)  The Secretary of the Senate shall be secretary of the committee each odd-numbered199
year and the Clerk of the House of Representatives shall be the secretary of the committee200
each even-numbered year.201
(b)(d) The members of the committee shall receive no additional allowances for service202
on the committee while the General Assembly is in session; but, for each day spent in the203
performance of their duties under this chapter between sessions, the members shall receive204
the allowances authorized by law for legislative members of interim legislative committees.205
(c)(e) The committee shall meet at least twice during each calendar year.  Additional206
meetings may be held upon the call of the presiding chairperson or upon the call of a207
majority of the members of the committee. Nine members of the committee shall208
constitute a quorum and the affirmative vote of a majority of those members present at a209
meeting of the committee, provided such members present constitute a quorum, shall be210
necessary to transact business of the committee.  The presiding chairperson shall be entitled211
to vote on all matters requiring a vote of the committee.  In the event that the presiding212
chairperson for the then-current year is unable to chair a meeting of the committee213
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convened at the call of a majority of the members of the committee, the committee shall214
be chaired by the other cochairperson."215
SECTION 5-2.216
Said title is further amended in Code Section 28-4-3, relating to Office of Legislative217
Counsel, creation, qualifications, and powers and duties, by revising paragraph (4) of218
subsection (c) as follows:219
"(4) Provide legal services for the legislative branch of government and, with the220
approval of the committee or the chairman presiding chairperson of such committee, to221
represent the interests of the legislative branch in matters involving litigation; and "222
SECTION 5-3.223
Said title is further amended in Code Section 28-4-6, relating to employment, powers, and224
duties of legislative fiscal officer, by revising subsection (b) as follows:225
"(b)  The legislative fiscal officer is authorized on behalf of the legislative branch to pay226
any properly authorized invoice which does not exceed $5,000.00; provided, however, that227
the legislative fiscal officer may pay an invoice for fees incurred for legal services not to228
exceed $12,000.00.  Any invoice which exceeds $5,000.00, or $12,000.00 for fees incurred229
for legal services, may not be paid by such fiscal officer without prior approval from the230
committee.  The committee may provide for such approval to be given at meetings of the231
committee, or in writing between meetings by a majority of the members of the committee,232
or in such other manner as the committee may establish.  All invoices shall contain in detail233
a description of the work performed, materials used or purchased, and any other234
information pertinent to the obligation.  Before the fiscal officer may pay any invoice, a235
requisition or purchase order covering such invoice and signed by the person or persons236
authorized by the Legislative Services Committee to do so plus evidence of delivery must237
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have been submitted to the fiscal officer.  A list of all invoices which have been paid shall238
be submitted by the fiscal officer to the committee on a monthly basis."239
PART VI240
Georgia Rail Passenger Authority Overview Committee241
SECTION 6-1.242
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is243
amended by repealing Chapter 10, relating to the Georgia Rail Passenger Authority244
Overview Committee, and designating said chapter as reserved.245
SECTION 6-2.246
Any assets of the Georgia Rail Passenger Authority Overview Committee existing as of June247
30, 2024, shall devolve by operation of law and without further action to the State of Georgia248
on July 1, 2024.  Any liabilities and obligations of the Georgia Rail Passenger Authority249
Overview Committee existing as of June 30, 2024, shall be transferred and assumed by the250
State of Georgia, by such instruments as may be required to maintain the same.251
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PART VII252
Reports of the Office of Health Strategy and Coordination253
SECTION 7-1.254
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising255
Code Section 31-53-6, relating to the compiling of reports and public dissemination of data,256
as follows:257
"31-53-6.258
(a)  The office shall compile reports received from the following boards, commissions,259
committees, councils, and offices pursuant to each such entity's respective statutory260
reporting requirements:261
(1)  The Maternal Mortality Review Committee;262
(2)  The Office of Women's Health;263
(3)  The Kidney Disease Advisory Committee;264
(4)(2) The Hemophilia Advisory Board;265
(5)(3) The Georgia Council on Lupus Education and Awareness;266
(6)(4) The Georgia Palliative Care and Quality of Life Advisory Council;267
(7)(5) The Georgia Trauma Care Network Commission;268
(8)(6) The Behavioral Health Coordinating Council;269
(9)(7) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke270
Registry;271
(10)(8) The Office of Cardiac Care; and272
(11)(9) The Brain and Spinal Injury Trust Fund Commission.273
(b)  The office shall maintain a website that permits public dissemination of data compiled274
by the boards, commissions, committees, councils, and offices listed in subsection (a) of275
this Code section."276
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PART VIII277
Partnership for Public Facilities and Infrastructure Act Guidelines Committee278
SECTION 8-1.279
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended280
by repealing Code Section 36-91-111, relating to the creation and administration of the281
Partnership for Public Facilities and Infrastructure Act Guidelines Committee, and282
designating said Code section as reserved.283
SECTION 8-2.284
Said title is further amended in Code Section 36-91-112, relating to model guidelines, by285
revising subsection (a) as follows:286
"(a)  Prior to executing any comprehensive agreement for the development or operation of287
a qualifying project pursuant to an unsolicited proposal received by a local government288
under this article, the local government shall adopt either:289
(1)  The model guidelines from the Partnership for Public Facilities and Infrastructure Act290
Guidelines Committee; or291
(2)  Its its own guidelines as a policy, rule, regulation, or ordinance, which shall contain292
each of the factors identified in subsection (b) of this Code section."293
PART IX294
Georgia World War I Centennial Commission295
SECTION 9-1.296
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,297
is amended by repealing Article 3 of Chapter 13, relating to the Georgia World War I298
Centennial Commission, and designating said article as reserved.299
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SECTION 9-2.300
Any assets of the Georgia World War I Centennial Commission existing as of June 30, 2024,301
shall devolve by operation of law and without further action to the State of Georgia on July302
1, 2024.  Any liabilities and obligations of the Georgia World War I Centennial Commission303
existing as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by304
such instruments as may be required to maintain the same.305
PART X306
State Personnel Oversight Commission307
SECTION 10-1.308
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,309
is amended by repealing Chapter 24, relating to the "Governmental Reorganization and310
Termination from Employment Reform Act of 1977."311
SECTION 10-2.312
Any assets of the State Personnel Oversight Commission existing as of June 30, 2024, shall313
devolve by operation of law and without further action to the State of Georgia on July 1,314
2024.  Any liabilities and obligations of the State Personnel Oversight Commission existing315
as of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such316
instruments as may be required to maintain the same.317
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PART XI318
Small Business Assistance Advisory Council319
SECTION 11-1.320
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended321
by repealing Part 3 of Article 3 of Chapter 5, relating to small business assistance, and322
designating said part as reserved.323
PART XII324
Commission on Regional Planning325
SECTION 12-1.326
Said title is further amended by repealing Part 2 of Article 2 of Chapter 8, relating to the327
Commission on Regional Planning.328
SECTION 12-2.329
Any assets of the Commission on Regional Planning existing as of June 30, 2024, shall330
devolve by operation of law and without further action to the State of Georgia on July 1,331
2024.  Any liabilities and obligations of the Commission on Regional Planning existing as332
of June 30, 2024, shall be transferred and assumed by the State of Georgia, by such333
instruments as may be required to maintain the same.334
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PART XIII335
Commission on the Preservation of the State Capitol336
SECTION 13-1.337
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended338
by repealing Code Section 50-16-5.1, relating to the Commission on the Preservation of the339
State Capitol.340
SECTION 13-2.341
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,342
is amended in Code Section 45-13-72, relating to submission of recommendations to achieve343
highest museum standards, and designation of area as Georgia Capitol Agricultural History344
Museum, by revising subsection (b) as follows:345
"(b)  The Capitol Art Standards Commission, in cooperation with the Board of Regents of346
the University System of Georgia and the Commission on the Preservation of the State347
Capitol, shall designate areas within the capitol museum as the Georgia Capitol348
Agricultural History Museum areas. Such areas shall include information, artifacts,349
photographs, monuments, or other related items which tell the history and importance of350
agriculture to this state's economic growth.  Except as provided for in this part, the Georgia351
Capitol Agricultural History Museum areas of the capitol museum shall be maintained,352
operated, and managed in the same manner as the other areas of the capitol museum."353
SECTION 13-3.354
Any assets of the Commission on the Preservation of the State Capitol existing as of June 30,355
2024, shall devolve by operation of law and without further action to the State of Georgia on356
July 1, 2024.  Any liabilities and obligations of the Commission on the Preservation of the357
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State Capitol existing as of June 30, 2024, shall be transferred and assumed by the State of358
Georgia, by such instruments as may be required to maintain the same.359
PART XIV360
Senate Committee Name Correction361
SECTION 14-1.362
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended363
by revising subsection (a) of Code Section 50-27-34, relating to the Georgia Lottery364
Corporation Legislative Oversight Committee, as follows:365
"(a)  There is created as a joint committee of the General Assembly, the Georgia Lottery366
Corporation Legislative Oversight Committee, to be composed of the members of the367
House Committee on Regulated Industries and the Senate Economic Development368
Committee Senate Committee on Economic Development and Tourism.  The chairpersons369
of such committees shall serve as cochairpersons of the oversight committee.  The370
oversight committee shall periodically inquire into and review the operations of the371
Georgia Lottery Corporation, as well as periodically review and evaluate the success with372
which the authority corporation is accomplishing its statutory duties and functions as373
provided in this chapter.  The oversight committee may conduct any independent audit or374
investigation of the authority corporation it deems necessary."375
PART XV376
Effective Dates377
SECTION 15-1.378
(a)  The provisions of Part V of this Act shall become effective on January 1, 2025.379
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(b)  Except as provided in subsection (a) of this section, this Act shall become effective upon380
its approval by the Governor or upon its becoming law without such approval.381
PART XVI382
General Repealer383
SECTION 16-1.384
All laws and parts of laws in conflict with this Act are repealed.385
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