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HB35.html
House Bill
35
By: Representatives Irvin of the 45th,
Davis of the 60th, Day of the 153rd, Everett of the
163rd, Bulloch of the 180th and others
A BILL TO BE
ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 50 of the
Official Code of Georgia Annotated, known as the "State Space Management Act of
1976," so as to provide that the Governor with the assistance of the
commissioner of administrative services shall provide a plan for the
decentralization of state agencies such that the number of employees of state
agencies employed within the Atlanta metropolitan area on July 1, 2001, shall be
decreased by at least 25 percent by July 1, 2005; to define certain terms; to
provide for purpose and intent; to provide for contents of the plan; to
prescribe duties for the commissioner of administrative services and certain
state agencies; to provide for advisory committees in the General Assembly; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, known as the "State Space Management Act of 1976," is amended
by adding following Code Section 50-5-39 a new Code Section 50-5-40 to read as
follows:
“50-5-40.
(a)
As used in this Code section, the term:
(1) 'Atlanta
metropolitan area' means the counties designated by the United States
Environmental Protection Agency in the Code of Federal Regulations as of
December 31, 2000, as
Atlanta´s
nonattainment area which includes Fulton, DeKalb, Cobb, Gwinnett, Clayton,
Rockdale, Henry, Fayette, Coweta, Douglas, Paulding, Cherokee, and Forsyth
counties.
(2) 'Employees of state agencies' includes
all officers and employees of state agencies; provided, however, that such term
shall not include the following:
(A) Elected
officials;
(B) Employees of a state agency who are
assigned to a local jurisdiction or area of the Atlanta metropolitan area and
who perform services at the local level the same as employees of such agency
perform in other areas of the state; or
(C) Employees
of institutions of the University System of Georgia located within the Atlanta
metropolitan area.
(3) 'State agency'
means:
(A) State authorities, state boards, and state
commissions; and
(B) Departments, agencies, and
offices of the executive, legislative, and judicial branches of state government
or offices or divisions thereof.
(b) This Code section
is enacted pursuant to paragraph (6) of Code Section 45-12-73, Code Section
45-12-175, and Code Section 50-5-35 in order to carry out the intent of the
General Assembly outlined in such statutes to provide effective and efficient
delivery of services throughout the geographic area of the state with an
emphasis on decentralizing state government. In particular, it is the intent of
the General Assembly to decentralize state government in order
to:
(1) Improve air quality in the Atlanta
metropolitan area;
(2) Promote economic development in
some of the economically depressed areas of the state, especially in the
southern region of the state;
(3) Reduce the cost of
state government; and
(4) Make state government
services readily available to citizens of this state residing outside of the
Atlanta metropolitan area.
(c) The Governor with the
assistance of the commissioner of administrative services shall provide a plan
for the decentralization of state agencies such that the number of employees of
state agencies employed within the Atlanta metropolitan area on July 1, 2001,
shall be decreased by at least 25 percent by July 1, 2005. The Governor shall
present the decentralization plan to the General Assembly by the second Friday
in January, 2002. The plan shall list the state agencies or offices or divisions
thereof and the number of employees of state agencies which will be relocated
outside the Atlanta metropolitan area and the new locations of such state
agencies. Such plan shall include recommendations to the General Assembly with
respect to any legislation necessary to accomplish such
decentralization.
(d) The commissioner shall consult
with the heads of the various state agencies to determine which state agencies
or offices or divisions thereof are most appropriate to relocate outside the
Atlanta metropolitan area to accomplish the purposes of this Code section. The
cost of relocating a state agency or office or division thereof shall be a
primary factor in making such determination.
(e) The
Speaker of the House of Representatives and the President of the Senate shall be
authorized to appoint advisory committees who may meet with the Governor and the
commissioner to make recommendations concerning the decentralization
plan.
(f) The department is given the authority and
charged with the duty of leasing administrative space for such state agencies
being decentralized and relocated in a manner that is the most cost effective
and operationally effective. At the request of the commissioner and after the
approval of the Governor, the State Properties Commission and the Georgia
Building Authority may procure real property and have buildings and facilities
erected for state agencies being relocated if such procurement and construction
is cost effective. To the extent possible, the relocation of state agencies
shall be in the southern region of the state and in compliance with the
strategic state plan provided for in Code Section
45-12-175.”
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.