SB 709 - Education Reform Act of 1996 - enact
Georgia Senate - 1995/1996 Sessions
SB 709 - Education Reform Act of 1996 - enact
1. Taylor 12th 2. Ray 19th 3. Hooks 14th
Senate Comm: Ed / House Comm: Ag / Ed
Senate Vote: Yeas 51 Nays 3
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Senate Action House
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2/9/96 Read 1st time 3/6/96
2/29/96 Favorably Reported 3/13/96
Committee Amend/Sub Sub
3/5/96 Read 2nd Time 3/7/96
Committed 3/7/96*
3/6/96 Read 3rd Time 3/15/96
3/6/96 Passed/Adopted 3/15/96
Comm/Floor Amend/Sub CS/FA
3/15/96 Amend/Sub Agreed To
3/19/96 Sent To Governor
3/29/96 Signed by Governor
601 Act/Veto Number
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*3/7/96 Withdrawn from Agriculture & recommitted to Education Committee in
House.
Code Sections amended: 20-1A-1, 20-1A-2, 20-1A-3, 20-1A-4, 20-1A-5, 20-1A-6,
20-2-241, 20-2-305,20-4-14.1, 20-5-2, 20-5-3, 20-5-4,20-5-45, 20-5-47, 20-5-48,
20-5-51, 20-5-60, 43-24-2
SB 709 96 SB709/AP
SENATE BILL 709
By: Senators Taylor of the 12th, Ray of the 19th, Hooks
of the 14th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To enact the "Education Reform Act of 1996"; to amend Title
1- 2 20 of the Official Code of Georgia Annotated, relating to
1- 3 education, so as to create a new Office of School Readiness
1- 4 and transfer to that office certain functions and duties
1- 5 previously performed by the Department of Education and
1- 6 Department of Human Resources; to define terms; to provide
1- 7 for the appointment of a director; to establish the duties,
1- 8 powers, and authority of the director; to provide for the
1- 9 promulgation of rules and regulations; to establish the
1-10 powers and duties of the office; to transfer certain
1-11 equipment, positions, and appropriations from other
1-12 agencies; to provide for membership in retirement systems
1-13 under certain circumstances; to provide for the continuation
1-14 of applicable rules and regulations; to remove the State
1-15 Board of Education's authority over county and regional
1-16 libraries and to grant such authority to the Department of
1-17 Technical and Adult Education; to transfer to the Department
1-18 of Technical and Adult Education all functions and powers
1-19 previously performed by the Department of Education relating
1-20 to public libraries and public library services; to transfer
1-21 certain equipment, positions, and appropriations from the
1-22 Department of Education; to provide for membership in
1-23 retirement systems under certain circumstances; to provide
1-24 for the continuation of applicable rules and regulations; to
1-25 provide the State School Superintendent with the authority
1-26 to employ certain senior staff persons within the Department
1-27 of Education and to enter into certain contracts; to amend
1-28 Chapter 5 of Title 20 of the Official Code of Georgia
1-29 Annotated, relating to libraries, so as to provide that the
1-30 Department of Technical and Adult Education rather than the
1-31 State Board of Education shall give advice and counsel to
1-32 libraries and communities proposing to establish libraries
1-33 and so that the functions previously performed by the State
1-34 Library Commission be performed by the Department of
1-35 Technical and Adult Education; to provide for the Department
1-36 of Technical and Adult Education to receive funds for public
1-37 libraries; to provide that annual reports be submitted to
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2- 1 the Department of Technical and Adult Education; to provide
2- 2 that public library services be transferred to the
2- 3 Department of Technical and Adult Education; to amend the
2- 4 Interstate Library Compact, so as to change the definition
2- 5 of state library agency; to amend Chapter 24 of Title 43 of
2- 6 the Official Code of Georgia Annotated, relating to
2- 7 membership of the State Board for the Certification of
2- 8 Librarians, to provide that public library services is a
2- 9 division of the Department of Technical and Adult Education;
2-10 to provide for related matters; to provide an effective
2-11 date; to repeal conflicting laws; and for other purposes.
2-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2-13 This Act shall be known and may be cited as the "Education
2-14 Reform Act of 1996."
SECTION 2.
2-15 Title 20 of the Official Code of Georgia Annotated, relating
2-16 to education, is amended by adding between Chapters 1 and 2
2-17 a new Chapter 1A to read as follows:
"CHAPTER 1A
2-18 20-1A-1. (Index)
2-19 The Office of School Readiness is created as a department
2-20 of the executive branch of state government, and said
2-21 office shall have the duties, responsibilities, functions,
2-22 powers, and authority set forth in this chapter and
2-23 otherwise provided by law. The Office of School Readiness
2-24 shall be assigned for administrative purposes only, as
2-25 that term is defined in Code Section 50-4-3, to the
2-26 Department of Education.
2-27 20-1A-2. (Index)
2-28 As used in this chapter, the term:
2-29 (1) 'Director' means the Director of the Office of
2-30 School Readiness.
2-31 (2) 'Office' means the Office of School Readiness.
2-32 20-1A-3. (Index)
2-33 (a) The chief administrative and executive officer of the
2-34 office shall be the director, who shall be appointed by
2-35 and serve at the pleasure of the Governor. The director
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3- 1 shall be responsible for the performance and exercise of
3- 2 the duties, responsibilities, functions, powers, and
3- 3 authority imposed upon the director and the office by law.
3- 4 The director shall be in the unclassified service of the
3- 5 state merit system and shall receive a salary to be
3- 6 determined by the Governor.
3- 7 (b) The director shall have the authority to employ all
3- 8 personnel of the office, subject to the provisions of this
3- 9 chapter and all applicable provisions of other laws
3-10 governing public employment.
3-11 (c) The director shall promulgate rules and regulations
3-12 and establish procedures to carry out the provisions of
3-13 this chapter.
3-14 20-1A-4. (Index)
3-15 The Office of School Readiness shall have the following
3-16 powers and duties:
3-17 (1) To administer such programs and services as may be
3-18 necessary for the operation and management of voluntary
3-19 pre-kindergarten;
3-20 (2) To administer such programs and services as may be
3-21 necessary for the operation and management of preschool
3-22 and child development programs, such as Even Start and
3-23 child care regulation and food programs;
3-24 (3) To act as the agent of the federal government in
3-25 conformity with this chapter and the administration of
3-26 any federal funds granted to the state to aid in the
3-27 furtherance of any functions of the office; and
3-28 (4) To assist local units of administration in this
3-29 state so as to assure the proliferation of services
3-30 under this chapter.
3-31 20-1A-5. (Index)
3-32 (a) Effective April 15, 1996, the Office of School
3-33 Readiness shall carry out all of the functions and
3-34 exercise all of the powers formerly held by the Department
3-35 of Education for the operation and management of the
3-36 pre-kindergarten, Even Start, and child care food
3-37 programs. Subject to subsection (c) of this Code section,
3-38 all persons employed by and positions authorized for the
3-39 Department of Education to perform these functions on
3-40 April 14, 1996, shall, on April 15, 1996, be transferred
3-41 to the Office of School Readiness. All office equipment,
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4- 1 furniture, and other assets in possession of the
4- 2 Department of Education which are used or held exclusively
4- 3 or principally by personnel transferred under this
4- 4 subsection shall be transferred to the Office of School
4- 5 Readiness on April 15, 1996.
4- 6 (b) Effective April 15, 1996, the Office of School
4- 7 Readiness shall carry out all of the functions and
4- 8 exercise all of the powers formerly held by the Department
4- 9 of Human Resources for the operation and management of
4-10 child care regulation services. Subject to subsection (c)
4-11 of this Code section, all persons employed by and
4-12 positions authorized for the Department of Human Resources
4-13 to perform functions relating to the licensure and
4-14 certification of pre-kindergarten programs on April 14,
4-15 1996, shall, on April 15, 1996, be transferred to the
4-16 Office of School Readiness. All office equipment,
4-17 furniture, and other assets in possession of the
4-18 Department of Human Resources which are used or held
4-19 exclusively or principally by personnel transferred under
4-20 this subsection shall be transferred to the Office of
4-21 School Readiness on April 15, 1996.
4-22 (c) All transfers of employees and assets provided for in
4-23 subsections (a) and (b) of this Code section shall be
4-24 subject to the approval of the director, and such
4-25 personnel or assets shall not be transferred if the
4-26 director determines that a specific employee or asset
4-27 should remain with the transferring agency.
4-28 (d) Employees of the office shall serve in the
4-29 unclassified service of the state merit system as defined
4-30 by Code Section 45-20-6. Persons who have transferred to
4-31 the office pursuant to subsections (a) or (b) of this Code
4-32 section who are in the classified service of the state
4-33 merit system at the time of the transfer may elect to
4-34 remain in such classified service and be governed by the
4-35 provisions thereof; provided, however, that if any such
4-36 person accepts a promotion or transfers to another
4-37 position, that person shall become an employee in the
4-38 unclassified service.
4-39 (e) All employees of the Office of School Readiness who
4-40 are employed after the effective date of this chapter
4-41 shall become members of the Employees' Retirement System
4-42 of Georgia consistent with the provisions of Code Section
4-43 47-2-70.1.
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5- 1 (f) Persons who are transferred to the Office of School
5- 2 Readiness pursuant to subsection (a) or (b) of this Code
5- 3 section who are members of the Employees' Retirement
5- 4 System of Georgia created in Chapter 2 of Title 47 or the
5- 5 Teachers Retirement System of Georgia created in Chapter 3
5- 6 of Title 47 can elect to continue membership in the same
5- 7 retirement system in which such person already is a member
5- 8 in accordance with applicable laws, rules, and
5- 9 regulations. All rights, credits, and funds in any such
5-10 retirement system which are possessed by state personnel
5-11 transferred by provisions of this chapter to the Office of
5-12 School Readiness, or otherwise held by persons at the time
5-13 of employment with the Office of School Readiness, are
5-14 continued and preserved, it being the intention of the
5-15 General Assembly that such persons shall not lose any
5-16 rights, credits, or funds to which they may be entitled
5-17 prior to becoming employees of the Office of School
5-18 Readiness, unless such persons fail to elect to continue
5-19 membership in the same retirement system in which such
5-20 persons already are members. Once such election is made
5-21 by such personnel, the election is irrevocable during the
5-22 tenure of employment with the Office of School Readiness.
5-23 Except as provided in this subsection, no employment
5-24 benefit of any employee transferring to the Office of
5-25 School Readiness shall be impaired.
5-26 (g) Funding for functions and positions transferred to the
5-27 Office of School Readiness under this chapter shall be
5-28 transferred as provided in Code Section 45-12-90.
5-29 20-1A-6. (Index)
5-30 The Office of School Readiness shall succeed to all rules,
5-31 regulations, policies, procedures, and administrative
5-32 orders of the Department of Education or Department of
5-33 Human Resources, where applicable, which are in effect on
5-34 April 15, 1996, and which relate to the functions
5-35 transferred to the department. Such rules, regulations,
5-36 policies, and procedures shall remain in effect until
5-37 amended, repealed, superseded, or nullified by the
5-38 director."
SECTION 3.
5-39 Said chapter is further amended by striking Code Section
5-40 20-2-241, relating to the State School Superintendent, in
5-41 its entirety and inserting in its place the following:
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6- 1 "20-2-241. (Index)
6- 2 (a) The State School Superintendent shall be the executive
6- 3 officer of the State Board of Education and the
6- 4 administrative chief executive officer of the Department
6- 5 of Education. The State School Superintendent is
6- 6 authorized to organize and reorganize the Department of
6- 7 Education and the various offices, divisions, sections,
6- 8 and units thereof and to prescribe the duties, functions,
6- 9 and operations of each at such times and in such manner as
6-10 the State School Superintendent deems necessary or
6-11 desirable for the more economical or effective
6-12 organization, administration, or functioning of the
6-13 department. He or she shall also be responsible for the
6-14 administration and enforcement of this article and other
6-15 school laws in accordance with such laws and with rules,
6-16 regulations, policies, and standards adopted or prescribed
6-17 by the state board for the implementation, administration,
6-18 or enforcement of such laws.
6-19 (b) The State School Superintendent shall have the
6-20 authority to employ persons to serve in the five senior
6-21 staff positions within the Department of Education.
6-22 (c) The State School Superintendent shall have the
6-23 authority to enter into contracts for the amount of
6-24 $50,000.00 or less on behalf of the Department of
6-25 Education."
SECTION 4.
6-26 Said title is further amended by striking Code Section
6-27 20-2-305, relating to county and regional libraries, in its
6-28 entirety and inserting in its place the following:
6-29 "20-2-305. (Index)
6-30 (a) The State Board of Education Department of Technical
6-31 and Adult Education shall annually determine and request
6-32 of the General Assembly the amount of funds needed for
6-33 county and regional public libraries. This request shall
6-34 include, but not be limited to, funds to provide library
6-35 books and materials, salaries and travel for professional
6-36 librarians, capital outlay for public library
6-37 construction, and maintenance and operation. The amount
6-38 for library books and materials shall be not less than 35›
6-39 35 cents per person. Funds for the purpose of paying the
6-40 salaries of librarians allotted shall be in accordance
6-41 with regulations established by the state board and the
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7- 1 state minimum salary schedule for certificated
7- 2 professional personnel. Public library funds shall be
7- 3 apportioned to county and regional public libraries in
7- 4 proportion to the area and population to be served by such
7- 5 libraries in accordance with regulations and minimum
7- 6 public library requirements prescribed by the state board.
7- 7 All such funds shall be distributed directly to the
7- 8 regional or county library boards.
7- 9 (b) The State Board of Education Department of Technical
7-10 and Adult Education shall make adequate provisions for
7-11 staff, supplies, services, and facilities to operate and
7-12 maintain special media equipment to meet the library needs
7-13 of the blind and disabled citizens of this state.
7-14 (c) The State Board of Education Department of Technical
7-15 and Adult Education shall provide the staff, materials,
7-16 equipment, and supplies to provide a book-lending and
7-17 information service to all county and regional public
7-18 libraries in the state and to coordinate interlibrary
7-19 cooperation and interchange of materials and information
7-20 among all types of libraries.
7-21 (d) The State Board of Education Department of Technical
7-22 and Adult Education is authorized as the sole agency to
7-23 receive federal funds allotted to this state for public
7-24 libraries.
7-25 (e) The State Board of Education State Board of Technical
7-26 and Adult Education shall adopt policies and regulations
7-27 to implement this Code section."
SECTION 5.
7-28 Said title is further amended by adding between Code
7-29 Sections 20-4-14 and 20-4-15 a new Code section to read as
7-30 follows:
7-31 "20-4-14.1. (Index)
7-32 (a) Effective July 1, 1996, the Department of Technical
7-33 and Adult Education shall carry out all the functions and
7-34 exercise all of the powers formerly held by the State
7-35 Board of Education and the Department of Education for the
7-36 operation and management of public library services and
7-37 public libraries. Subject to subsection (c) of this Code
7-38 section, all persons employed by and positions authorized
7-39 for the Department of Education to perform these functions
7-40 on June 30, 1996, shall, on July 1, 1996, be transferred
7-41 to the Department of Technical and Adult Education. All
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8- 1 office equipment, furniture, and other assets in
8- 2 possession of the Department of Education which are used
8- 3 or held exclusively or principally by personnel
8- 4 transferred under this subsection shall be transferred to
8- 5 the Department of Technical and Adult Education on July 1,
8- 6 1996.
8- 7 (b) All transfers of employees and assets provided for in
8- 8 subsection (a) of this Code section shall be subject to
8- 9 the approval of the commissioner of technical and adult
8-10 education, and such personnel or assets shall not be
8-11 transferred if the commissioner determines that a specific
8-12 employee or asset should remain with the transferring
8-13 agency.
8-14 (c) Persons who have transferred to the Department of
8-15 Technical and Adult Education pursuant to subsection (a)
8-16 of this Code section who are in the classified service of
8-17 the state merit system at the time of the transfer may
8-18 elect to remain in such classified service and be governed
8-19 by the provisions thereof; provided, however, that if any
8-20 such person accepts a promotion or transfers to another
8-21 position, that person shall become an employee in the
8-22 unclassified service.
8-23 (d) Persons who are transferred to the Department of
8-24 Technical and Adult Education pursuant to subsection (a)
8-25 of this Code section who are members of the Employees'
8-26 Retirement System of Georgia created in Chapter 2 of Title
8-27 47 or the Teachers Retirement System of Georgia created in
8-28 Chapter 3 of Title 47 can elect to continue membership in
8-29 the same retirement system in which such person already is
8-30 a member in accordance with applicable laws, rules, and
8-31 regulations. All rights, credits, and funds in any such
8-32 retirement system which are possessed by state personnel
8-33 transferred by provisions of this chapter to the
8-34 Department of Technical and Adult Education, or otherwise
8-35 held by persons at the time of employment with the
8-36 Department of Technical and Adult Education, are continued
8-37 and preserved, it being the intention of the General
8-38 Assembly that such persons shall not lose any rights,
8-39 credits, or funds to which they may be entitled prior to
8-40 becoming employees of the Department of Technical and
8-41 Adult Education, unless such persons fail to elect to
8-42 continue membership in the same retirement system in which
8-43 such persons already are members. Once such election is
8-44 made by such personnel, the election is irrevocable during
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9- 1 the tenure of employment with the Department of Technical
9- 2 and Adult Education. Except as provided in this
9- 3 subsection, no employment benefit of any employee
9- 4 transferring to the Department of Technical and Adult
9- 5 Education shall be impaired.
9- 6 (e) Newly hired employees of the Department of Technical
9- 7 and Adult Education who perform duties previously
9- 8 performed by the Department of Education in accordance
9- 9 with this Code section shall become members in a
9-10 retirement system as provided in Code Section 20-4-25 or
9-11 20-4-26.
9-12 (f) Funding for functions and positions transferred to the
9-13 Department of Technical and Adult Education under this
9-14 Code section shall be transferred as provided in Code
9-15 Section 45-12-90.
9-16 (g) The Department of Technical and Adult Education shall
9-17 succeed to all rules, regulations, policies, procedures,
9-18 and administrative orders of the Department of Education,
9-19 where applicable, which are in effect on June 30, 1996,
9-20 and which relate to the functions transferred to the
9-21 department. Such rules, regulations, policies, and
9-22 procedures shall remain in effect until amended, repealed,
9-23 superseded, or nullified by the State Board or Department
9-24 of Technical and Adult Education."
SECTION 6.
9-25 Said title is further amended by striking Code Section
9-26 20-5-2, relating to the powers and duties of the State Board
9-27 of Education regarding libraries, in its entirety and
9-28 inserting in its place the following:
9-29 "20-5-2. (Index)
9-30 (a) The State Board of Education Department of Technical
9-31 and Adult Education shall give aid, advice, and counsel to
9-32 all libraries and to communities which may propose to
9-33 establish libraries as to the best means of establishing
9-34 and administering them, the selection of books,
9-35 cataloging, and other details of library management and
9-36 shall exercise supervision over all public libraries and
9-37 endeavor to improve libraries already established. The
9-38 state board Department of Technical and Adult Education
9-39 may also conduct a book-lending and information service
9-40 for the benefit of the citizens of the state, free of cost
9-41 except postage. The state board Department of Technical
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10- 1 and Adult Education is also authorized to purchase books,
10- 2 periodicals, and other instructional materials for such
10- 3 purposes. The state board Department of Technical and
10- 4 Adult Education may also employ the necessary professional
10- 5 and clerical staff upon the recommendation of the State
10- 6 School Superintendent to carry on the work as stated in
10- 7 this Code section and may pay their necessary traveling
10- 8 expenses while engaged in such work.
10- 9 (b) The state board Department of Technical and Adult
10-10 Education shall have authority to accept gifts of books,
10-11 money, or other property from any public or private
10-12 source, including the federal government, and shall have
10-13 authority to perform any and all functions necessary to
10-14 carry out the intention and purposes of this article.
10-15 (c) The State Library Commission is abolished, and the
10-16 functions and services exercised and performed by it shall
10-17 be exercised and performed by the State Board of Education
10-18 Department of Technical and Adult Education.
10-19 (d) The collection of books, periodicals, documents, and
10-20 other library materials held by the state board Department
10-21 of Technical and Adult Education is designated as the
10-22 State Library.
10-23 (e) Each department and institution within the executive
10-24 branch of state government shall make a report to the
10-25 director of the University of Georgia Libraries on or
10-26 before December 1 of each year containing a list by title
10-27 of all public documents published or issued by such
10-28 department or institution during the preceding state
10-29 fiscal year. The report shall also contain a statement
10-30 noting the frequency of publication of each such public
10-31 document. The director of the University of Georgia
10-32 Libraries may disseminate copies of the lists, or such
10-33 parts thereof, in such form as the director of University
10-34 of Georgia Libraries, in his or her discretion, deems
10-35 shall best serve the public interest. For purposes of
10-36 this article, 'public documents' shall mean the books,
10-37 magazines, journals, pamphlets, reports, bulletins, and
10-38 other publications of any agency, department, board,
10-39 bureau, commission, or other institution of the executive
10-40 branch of state government but specifically shall not
10-41 include the reports of the Supreme Court and the Court of
10-42 Appeals, the journals of the House and the Senate, or the
10-43 session laws enacted by the General Assembly and shall not
10-44 include forms published by any agency, department, board,
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11- 1 bureau, commission, or other institution of the executive
11- 2 branch of state government.
11- 3 (f) Each department and institution within the executive
11- 4 branch of state government shall submit to the director of
11- 5 the University of Georgia Libraries at least five copies
11- 6 of each of the public documents which such departments and
11- 7 institutions publish, within one month of its date of
11- 8 publication, unless the director of the University of
11- 9 Georgia Libraries requests additional copies of any such
11-10 public documents, up to a maximum of 60 copies, in which
11-11 case the number of copies requested shall be submitted.
11-12 (g) The Governor and all of the officers who are or may be
11-13 required to make reports to the General Assembly shall
11-14 furnish the director of the University of Georgia
11-15 Libraries with at least five copies of each of such
11-16 reports and additional copies upon request of the director
11-17 of the University of Georgia Libraries.
11-18 (h) The Department of Administrative Services, the Georgia
11-19 Correctional Industries Administration, the Board of
11-20 Regents of the University System of Georgia, and any other
11-21 agency of state government which prints public documents
11-22 shall furnish to the director of the University of Georgia
11-23 Libraries on a monthly basis a record of all public
11-24 documents which have been printed or scheduled for
11-25 printing by that agency during the preceding month.
11-26 (i) The director of the University of Georgia Libraries
11-27 shall have the authority to supply copies of public
11-28 documents to any state institution, public library, or
11-29 public school in this state or to any other institution of
11-30 learning which maintains a library, if such copies are
11-31 available. Such copies may be furnished for a reasonable
11-32 cost or free of charge or for the cost of postage or
11-33 shipping, as the director of the University of Georgia
11-34 Libraries deems appropriate.
11-35 (j) The director of the University of Georgia Libraries
11-36 shall have the authority to act as the exchange agent of
11-37 this state for the purpose of a regular exchange between
11-38 this state and other states of public documents. The
11-39 several state departments and institutions are required to
11-40 deposit with the director of the University of Georgia
11-41 Libraries for that purpose up to 50 copies of each of
11-42 their public documents, as may be specified by the
11-43 director of the University of Georgia Libraries.
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12- 1 (k) The director of the University of Georgia Libraries
12- 2 may transfer books and other library holdings to the
12- 3 Department of Archives and History, the Board of Regents
12- 4 of the University System of Georgia, the State Law
12- 5 Library, or other public libraries. Books and other
12- 6 library holdings which are obsolete, defective, worn-out
12- 7 worn out, or surplus, or otherwise in the discretion of
12- 8 the director of the University of Georgia Libraries are
12- 9 not required, may be sold, destroyed, or otherwise
12-10 disposed of by the director of the University of Georgia
12-11 Libraries, without the need to comply with the provisions
12-12 of Article 5 of Chapter 13 of Title 45 relating to the
12-13 disposition of surplus state books.
12-14 (l) The director of the University of Georgia Libraries
12-15 shall have the authority to employ the necessary
12-16 personnel, including documents librarians and other
12-17 professional personnel, to carry out the powers and duties
12-18 set forth in this Code section."
SECTION 7.
12-19 Said title is further amended by striking Code Section
12-20 20-5-3, relating to disbursement of funds for libraries, in
12-21 its entirety and inserting in its place the following:
12-22 "20-5-3. (Index)
12-23 In order to effectuate the purposes of this article there
12-24 shall be made available to the State Board of Education
12-25 Department of Technical and Adult Education whatever funds
12-26 may be duly allocated to it by the proper authority,
12-27 either by specific appropriation or otherwise as now
12-28 provided by law, and the state board Department of
12-29 Technical and Adult Education shall be authorized to
12-30 disburse such funds to public libraries serving persons of
12-31 all ages through legally constituted municipal library
12-32 boards or to the other legally constituted local library
12-33 boards as may now or hereafter be established by law. The
12-34 state board Department of Technical and Adult Education
12-35 shall use such funds for the purpose of aiding and
12-36 supplementing the establishment and development of public
12-37 library services."
SECTION 8.
12-38 Said title is further amended by striking Code Section
12-39 20-5-4, relating to annual reports by public libraries, in
12-40 its entirety and inserting in its place the following:
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13- 1 "20-5-4. (Index)
13- 2 All public libraries in the state shall submit reports
13- 3 annually to the State Board of Education Department of
13- 4 Technical and Adult Education."
SECTION 9.
13- 5 Said title is further amended by striking Code Section
13- 6 20-5-45, relating to the duties and responsibilities of
13- 7 directors of public libraries, in its entirety and inserting
13- 8 in its place the following:
13- 9 "20-5-45. (Index)
13-10 Every public library system shall have a director. Any
13-11 person appointed as director of a public library system
13-12 must hold at least a Grade 5(b) Librarian's Professional
13-13 Graduate Certificate, as defined by the State Board for
13-14 the Certification of Librarians; provided, however, that
13-15 any person who is was serving as acting director of a
13-16 public library system on as of July 1, 1984, shall be
13-17 authorized to continue to serve as director. The director
13-18 shall be appointed by the board of trustees and shall be
13-19 the administrative head of the library system under the
13-20 direction and review of the board. The director of a
13-21 library system shall have duties and responsibilities
13-22 which include but are not limited to the following:
13-23 (1) To recommend for employment or termination other
13-24 staff members, as necessary, in compliance with
13-25 applicable laws and the availability of funds and to
13-26 employ or terminate other staff members if so authorized
13-27 by the library board;
13-28 (2) To attend all meetings called by the Division Office
13-29 of Public Library Services of the Department of
13-30 Education Department of Technical and Adult Education or
13-31 send a substitute authorized by the division director;
13-32 (3) To prepare any local, state, or federal annual
13-33 budgets;
13-34 (4) To notify the board of trustees and the Division
13-35 Office of Public Library Services of the Department of
13-36 Education Department of Technical and Adult Education of
13-37 any failure to comply with:
13-38 (A) Policies of the board;
13-39 (B) Criteria for state aid;
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14- 1 (C) State and federal rules and regulations; and
14- 2 (D) All applicable local, state, or federal laws:
14- 3 (5) To administer the total library program, including
14- 4 all affiliated libraries, in accordance with policies
14- 5 adopted by the system board of trustees; and
14- 6 (6) To attend all meetings of the system board of
14- 7 trustees and affiliated boards of trustees or to
14- 8 designate a person to attend in his or her place."
SECTION 10.
14- 9 Said title is further amended by striking subsection (c) of
14-10 Code Section 20-5-47, relating to a written constitution for
14-11 library boards of trustees, in its entirety and inserting in
14-12 its place the following:
14-13 "(c) All current constitutions and bylaws must be on file
14-14 in the Division Office of Public Library Services of the
14-15 Department of Education Department of Technical and Adult
14-16 Education, and all amendments must be filed with the
14-17 division immediately upon adoption."
SECTION 11.
14-18 Said title is further amended by striking Code Section
14-19 20-5-48, relating to ownership of library property, in its
14-20 entirety and inserting in its place the following:
14-21 "20-5-48. (Index)
14-22 (a) A clear title in fee simple to an approved site on
14-23 which a library facility is to be located shall be held by
14-24 either the library board of trustees or the county or
14-25 municipality. Title to property used for library purposes
14-26 shall be vested in the library board of trustees or in
14-27 that local agency which makes the major financial
14-28 contribution toward construction costs. Notwithstanding
14-29 any provision in this part to the contrary, any facility,
14-30 the title to which currently is held by a nonprofit
14-31 organization and which is now being operated by a public
14-32 library board of trustees, may continue to be operated by
14-33 that library board of trustees if the operation of that
14-34 facility by the board of trustees meets the standards of
14-35 the Division Office of Public Library Services of the
14-36 Department of Education Department of Technical and Adult
14-37 Education; and the title to that facility may remain in
14-38 the hands of that nonprofit organization. When the
14-39 composition of a library system is changed or when the
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15- 1 library system is dissolved and the title is vested in the
15- 2 library board of trustees, the Division Office of Public
15- 3 Library Services of the Department of Education Department
15- 4 of Technical and Adult Education shall serve as mediator
15- 5 in determining ownership of property.
15- 6 (b) Other property including, but not limited to,
15- 7 equipment and materials that were purchased with state,
15- 8 federal, or contract funds coming through the system
15- 9 budget shall be owned by the system board of trustees and
15-10 shall be placed or transferred where it is most useful.
15-11 Upon dissolution or significant structural change within
15-12 the system, such property shall be divided on a pro rata
15-13 basis according to the proportion of financial costs of
15-14 property borne by the involved parties. The library
15-15 system board of trustees shall furnish the financial and
15-16 statistical information considered by the parties
15-17 attempting to reach agreement. If the parties are unable
15-18 to reach a mutually agreeable solution, the final decision
15-19 of property ownership shall be made by the Division Office
15-20 of Public Library Services of the Department of Education
15-21 Department of Technical and Adult Education or its
15-22 designee."
SECTION 12.
15-23 Said title is further amended by striking Code Section
15-24 20-5-51, relating to dissolution of or withdrawal from a
15-25 library system, in its entirety and inserting in its place
15-26 the following:
15-27 "20-5-51. (Index)
15-28 (a) A library system shall be dissolved by a reversal of
15-29 procedures followed in its original organization. A
15-30 majority of the board members in a majority of the
15-31 counties must agree to the dissolution of the system. One
15-32 county in a multicounty system may withdraw by a reversal
15-33 of the procedure by which the county became a member.
15-34 (b) If the local constitution and bylaws or participating
15-35 agreement does not specify a notification period for
15-36 withdrawal, the proper notice shall be sent six months
15-37 prior to the end of the state fiscal year. This notice
15-38 must include reasons for the withdrawal and the method by
15-39 which the decision was reached and must be sent to the
15-40 chairman of the system board of trustees and the system
15-41 library director. The Division Office of Public Library
15-42 Services of the Department of Education Department of
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16- 1 Technical and Adult Education must be notified of the
16- 2 receipt of this letter of intent within five working days.
16- 3 (c) Upon dissolution or withdrawal, no further state or
16- 4 federal grant funds shall be paid for or to the dissolving
16- 5 or withdrawing unit or units until such time as the unit
16- 6 or units reestablish the library or libraries pursuant to
16- 7 this part and meet eligibility requirements for such grant
16- 8 funds.
16- 9 (d) A multicounty regional system may elect to expel a
16-10 member county upon the following conditions:
16-11 (1) Failure of the county to maintain the agreed level
16-12 of support to the regional system as in the most recent
16-13 system-participating agreement; or
16-14 (2) Failure of the county to meet criteria which may
16-15 jeopardize the system's eligibility for state or federal
16-16 funds.
16-17 (e) If the system's constitution and bylaws or
16-18 participating agreement fails to describe a notice period
16-19 for expulsion, the proper notice shall be sent not less
16-20 than six months prior to the end of the state fiscal year.
16-21 This notice must be sent to the chairman chairperson of
16-22 the county board of trustees, all funding agencies party
16-23 to the participating agreement, the system library
16-24 director, and the Division Office of Public Library
16-25 Services of the Department of Education Department of
16-26 Technical and Adult Education.
16-27 (f) Upon total dissolution of a library system, all
16-28 property shall be disposed of as provided in this part."
SECTION 13.
16-29 Said title is further amended by striking Code Section
16-30 20-5-60, relating to the definition of state library agency
16-31 as used in the interstate library compact, in its entirety
16-32 and inserting in its place the following:
16-33 "20-5-60. (Index)
16-34 As used in the Interstate Library Compact, 'state library
16-35 agency,' with reference to this state, means the Public
16-36 Library Service Unit Office of the Department of Education
16-37 Department of Technical and Adult Education of Georgia."
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SECTION 14.
17- 1 Chapter 24 of Title 43 of the Official Code of Georgia
17- 2 Annotated, relating to librarians, is amended by striking
17- 3 Code Section 43-24-2, relating to membership of the State
17- 4 Board for the Certification of Librarians, in its entirety
17- 5 and inserting in its place the following:
17- 6 "43-24-2. (Index)
17- 7 (a) The State Board for the Certification of Librarians is
17- 8 created, to consist of six persons as follows:
17- 9 (1) Three librarians certified under this chapter,
17-10 including one public librarian, one special librarian,
17-11 and one other currently practicing librarian, and one
17-12 person who shall be a trustee of a public library;
17-13 (2) A member to be appointed from the public at large
17-14 who shall have no connection whatsoever with the library
17-15 profession; and
17-16 (3) The director of public library services of the
17-17 Department of Education Department of Technical and
17-18 Adult Education.
17-19 (b) The members referred to in paragraphs (1) and (2) of
17-20 subsection (a) of this Code section shall be appointed by
17-21 the Governor and shall be confirmed by the Senate.
17-22 (c) The terms of the five members appointed pursuant to
17-23 paragraphs (1) and (2) of subsection (a) of this Code
17-24 section shall be five years. The term of the director of
17-25 public library services of the Department of Education
17-26 Department of Technical and Adult Education shall be
17-27 coextensive with the term of office of this position.
17-28 (d) Members of the board shall be reimbursed as provided
17-29 for in subsection (f) of Code Section 43-1-2.
17-30 (e) If there is a vacancy on the board, the Governor shall
17-31 appoint a member to serve the unexpired term."
SECTION 15.
17-32 (a) Except as provided in subsection (b) of this section,
17-33 this Act shall become effective on July 1, 1996.
17-34 (b) Section 2 of this Act shall become effective on April
17-35 15, 1996.
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SECTION 16.
18- 1 All laws and parts of laws in conflict with this Act are
18- 2 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97