07 LC
37 0288S
The
Senate Rules Committee offered the following substitute to HB 98:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend the Official Code of Georgia Annotated so as to change provisions relating
to powers, duties, and responsibilities of the Senate Committee on Assignments;
to transfer certain powers of appointment from that committee to the Lieutenant
Governor; to change references to certain committees of the Georgia Senate and
House of Representatives in the Official Code of Georgia Annotated to conform
such references to committee names as adopted by resolution by the Georgia
Senate and the Georgia House of Representatives, respectively; to provide for
editorial revision; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part
1
SECTION 1-1.
SECTION 1-1.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by revising Code Section 10-9-20, relating to the Geo. L. Smith II
Georgia World Congress Center Authority Overview Committee, as
follows:
"10-9-20.
There
is created as a joint committee of the General Assembly the Geo. L. Smith II
Georgia World Congress Center Authority Overview Committee to be composed of
five members of the House of Representatives appointed by the Speaker of the
House, one of whom shall be a member of the minority party, five members of the
Senate appointed by the
Senate
Committee on Assignments
Lieutenant
Governor, one of whom shall be a member of
the minority party, the chairperson of the House Committee on Economic
Development and Tourism or his or her designee, and the chairperson of the
Senate Economic Development and Tourism Committee or his or her designee. The
members of the committee shall serve two-year terms concurrent with their terms
as members of the General Assembly. The chairperson of the committee shall be
appointed by the
Senate
Committee on Assignments
Lieutenant
Governor from the membership of the
committee, and the vice chairperson of the committee shall be appointed by the
Speaker of the House from the membership of the committee. The chairperson and
vice chairperson shall serve terms of two years concurrent with their terms as
members of the General Assembly. Vacancies in an appointed member´s
position or in the offices of chairperson or vice chairperson of the committee
shall be filled for the unexpired term in the same manner as the original
appointment. The committee shall periodically inquire into and review the
operations of the Geo. L. Smith II Georgia World Congress Center Authority, as
well as periodically review and evaluate the success with which the authority is
accomplishing its statutory duties and functions as provided in this
chapter."
SECTION
1-2.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising subparagraph (b) (1) (E) of Code Section 15-6-94, relating to the
Georgia Superior Court Clerks´ Cooperative Authority, as follows:
"(E)
One member who shall be a superior court clerk appointed by the
Senate
Committee on Assignments or such person or entity as established by Senate
rule
Lieutenant
Governor ;"
SECTION
1-3.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising subsections (a) and (b) of Code Section 17-12-10.1, relating
to the General Oversight Committee for the Georgia Public Defender Standards
Council, as follows:
"(a)
There is created the General Oversight Committee for the Georgia Public Defender
Standards Council which shall be composed of eight persons: three members of the
House of Representatives appointed by the Speaker of the House of
Representatives, three members of the Senate appointed by the
Senate
Committee on Assignments or such person or entity as established by Senate
rule
Lieutenant
Governor, and one member of the House of
Representatives and one member of the Senate appointed by the Governor. The
members of such committee shall be selected within ten days after the convening
of the General Assembly in each odd-numbered year and shall serve until their
successors are appointed.
(b)
The Speaker of the House of Representatives shall appoint a member of the
committee to serve as chairperson and the
Senate
Committee on Assignments or such person or entity as established by Senate
rule
Lieutenant
Governor shall appoint one member of the
committee to serve as vice chairperson during each even-numbered year. The
Senate
Committee on Assignments or such person or entity as established by Senate
rule
Lieutenant
Governor shall appoint a member of the
committee to serve as chairperson and the Speaker of the House of
Representatives shall appoint one member to serve as vice chairperson during
each odd-numbered year. Such committee shall meet at least six times each year
and, upon the call of the chairperson, at such additional times as deemed
necessary by the chairperson."
SECTION
1-4.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising subsection (a) of Code Section 20-2-2100, relating to legislative
committee to review operations of high school athletic associations, as
follows:
"(a)
There is created as a joint committee of the General Assembly the High School
Athletics Overview Committee to be composed of five members of the House of
Representatives appointed by the Speaker of the House, one of whom shall be a
member of the minority party; five members of the Senate appointed by the
Senate
Committee on Assignments
Lieutenant
Governor, one of whom shall be a member of
the minority party; the chairperson of the House Committee on Education or his
or her designee; and the chairperson of the Senate Education and Youth Committee
or his or her designee. The members of the committee shall serve two-year terms
concurrent with their terms as members of the General Assembly. The Speaker of
the House of Representatives and the
Senate
Committee on Assignments
Lieutenant
Governor shall each designate a
cochairperson from among the appointees of their respective houses. The
cochairpersons shall serve terms of two years concurrent with their terms as
members of the General Assembly. Vacancies in an appointed member´s
position or in the offices of cochairperson of the committee shall be filled for
the unexpired term in the same manner as the original appointment. The
committee shall periodically inquire into and review the operations of high
school athletic associations, as defined in subsection (c) of this Code
section."
SECTION
1-5.
Said
title is further amended by revising subsection (a) of Code Section 20-3-519.13,
relating to the HOPE Scholarship/Pre-K Legislative Oversight Committee, as
follows:
"(a)
There is created as a joint committee of the General Assembly the HOPE
Scholarship/Pre-K Legislative Oversight Committee, to be composed of three
members of the House Committee on Higher Education and three members of the
House Committee on Education, to be appointed by the Speaker of the House of
Representatives; and three members of the Senate Higher Education Committee and
three members of the Senate Education Committee, to be appointed by the
Committee
on Assignments
Lieutenant
Governor. The chairpersons of the House
Committee on Higher Education and the Senate Higher Education Committee shall
serve as cochairpersons for the oversight committee. The oversight committee
shall study, inquire into, and review the operations of the Georgia Student
Finance Commission with respect to the administration of HOPE scholarships and
grants under this part, as well as review and evaluate the conditions, needs,
and issues of the HOPE scholarship and grant program as provided for under this
part, Georgia´s Pre-K program, and any other programs that receive funds
from the Lottery for Education Account, as provided for in Article 1 of Chapter
27 of Title 50. Such study and review shall be conducted during the first year
of each biennium of the General Assembly so as to determine whether any
legislative action may be necessary. The oversight committee may conduct any
independent audit or investigation of the commission or any other appropriate
agency it deems necessary."
SECTION
1-6.
Said
title is further amended by revising subsections (b) and (c) of Code Section
20-14-90, relating to the Agricultural Education Advisory Commission, as
follows:
"(b)(1)
The commission shall consist of three members of the House of Representatives to
be appointed by the Speaker of the House, at least one of whom shall be from the
House Committee on Agriculture and Consumer Affairs and at least one of whom
shall be from the House Committee on Education; three members of the Senate to
be appointed by the
Senate
Committee on Assignments
Lieutenant
Governor, at least one of whom shall be
from the Senate Agriculture and Consumer Affairs Committee and at least one of
whom shall be from the Senate Education and Youth Committee; three members who
are not members of the General Assembly to be appointed by the Governor; and
three members who are not members of the General Assembly to be appointed by the
State School Superintendent.
(2)
Vacancies in the commission shall be filled in the same manner as the original
appointments.
(3)(A)
Legislative members of the commission shall serve two-year terms concurrent with
their terms as members of the General Assembly.
(B)
Nonlegislative members of the commission shall serve for
two
year
two-year
terms concurrent with those terms of legislative members of the
commission.
(c)
The Speaker of the House shall designate one of the commission members from the
House of Representatives as a
co-chairperson
cochairperson
of the commission, and the
Senate
Committee on Assignments
Lieutenant
Governor shall designate one of the
commission members from the Senate as a
co-chairperson
cochairperson
of the commission. Each
co-chairperson
cochairperson
shall serve as such concurrent with his or her term as a member of the
commission."
SECTION
1-7.
Said
title is further amended by revising paragraph (1) of subsection (b) and
subsection (c) of Code Section 20-14-91, relating to the Career and Technical
Education Advisory Commission, as follows:
"(b)(1)
The commission shall consist of three members of the House of Representatives to
be appointed by the Speaker of the House, one of whom shall be from the House
Committee on Economic Development and Tourism, one of whom shall be from the
House Committee on Agriculture and Consumer Affairs, and one of whom shall be
from the House Committee on Education; three members of the Senate to be
appointed by the
Senate
Committee on Assignments
Lieutenant
Governor, one of whom shall be from the
Senate Economic Development Committee, one of whom shall be from the Senate
Agriculture and Consumer Affairs Committee, and one of whom shall be from the
Senate Education and Youth Committee; three members who are not members of the
General Assembly to be appointed by the Governor; and three members who are not
members of the General Assembly to be appointed by the State School
Superintendent."
"(c)
The Speaker of the House shall designate one of the commission members from the
House of Representatives as a
co-chairperson
cochairperson
of the commission, and
the Senate
Committee on Assignments
Lieutenant
Governor shall designate one of the
commission members from the Senate as a
co-chairperson
cochairperson
of the commission. Each
co-chairperson
cochairperson
shall serve as such concurrent with his or her term as a member of the
commission."
SECTION
1-8.
Said
title is further amended by revising subsection (b) of Code Section 20-15-3,
relating to the Georgia Medical Center Authority, as follows:
"(b)
The authority shall consist of seven members as follows:
(1)
Those persons appointed to the authority prior to July 1, 2005, and serving for
terms to expire in June, 2006, shall continue to serve for the remainder of the
terms to which they were appointed;
(2)(A)
In 2005 and quadrennially thereafter, the Governor shall appoint two
members.
(B)
In 2006 and quadrennially thereafter, the Governor shall appoint three
members;
(3)(A)
In 2005 and
quadrennially thereafter, the Senate
Committee on Assignments shall appoint one member; and
(B)
In 2009 and quadrennially thereafter, the Lieutenant Governor shall appoint one
member; and
(4)
In 2006 and quadrennially thereafter, the Speaker of the House of
Representatives shall appoint one member.
Except
as otherwise provided by paragraph (1) of this subsection, members shall serve
for terms of office of four years each and until the appointment and
qualification of their respective successors. Any elected or appointed state,
county, municipal, or school board official or employee, except members of the
board of regents and officials and employees of the legislative or judicial
branches of state government, are authorized to be appointed as members of the
authority, and any person so appointed is authorized to serve as a member of the
authority."
SECTION
1-9.
Said
title is further amended by revising subsection (a) of Code Section 20-16-18,
relating to the creation of Georgia Higher Education Facilities Authority
Committee, as follows:
"(a)
There is created as a joint committee of the General Assembly the Georgia Higher
Education Facilities Authority Committee to be composed of five members of the
House of Representatives appointed by the Speaker of the House, two of whom
shall be members of the minority party, five members of the Senate appointed by
the Senate
Committee on Assignments
Lieutenant
Governor, two of whom shall be members of
the minority party, the chairperson of the House Committee on Higher Education
or his or her designee, and the chairperson of the Senate Higher Education
Committee or his or her designee. The members of the committee shall serve
two-year terms concurrent with their terms as members of the General Assembly.
The Senate
Committee on Assignments
Lieutenant
Governor shall appoint a cochairperson
from the Senate members of the committee, and the Speaker of the House shall
appoint a cochairperson from the House of Representatives members of the
committee. The cochairpersons shall serve terms of two years concurrent with
their terms as members of the General Assembly. Vacancies in an appointed
member´s position or in the offices of cochairperson of the committee shall
be filled for the unexpired term in the same manner as the original appointment.
The committee shall periodically inquire into and review the operations of the
Georgia Higher Education Facilities Authority, as well as periodically review
and evaluate the success with which the authority is accomplishing its statutory
duties and functions as provided in this chapter."
SECTION
1-10.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by revising subsection (b) of Code Section 21-5-4, relating to the State Ethics
Commission, as follows:
"(b)
There is created the State Ethics Commission, with such duties and powers as are
set forth in this chapter. The commission shall be a successor to the State
Campaign and Financial Disclosure Commission in all matters pending before the
State Campaign and Financial Disclosure Commission on March 1, 1987, and may
continue to investigate, prosecute, and act upon all such matters. The
commission shall be governed by five members appointed as follows: three
members, not more than two of whom shall be from the same political party, shall
be appointed by the Governor, two for terms of three years and one for a term of
two years; one member shall be appointed by the
Senate
Committee on Assignments
Lieutenant
Governor for a term of four years; and one
member shall be appointed by the Speaker of the House of Representatives for a
term of four years. The initial members shall take office on March 2, 1987.
Upon the expiration of a member´s term of office, a new member, appointed
in the same manner as the member whose term of office expired as provided in
this subsection, shall become a member of the commission and shall serve for a
term of four years and until such member´s successor is duly appointed and
qualified. If a vacancy occurs in the membership of the commission, a new
member shall be appointed to the unexpired term of office by the state official
or the committee that appointed the vacating member. Members of the commission
shall not serve for more than one complete term of office; provided, however,
that the members of the State Campaign and Financial Disclosure Commission
serving on March 1, 1987, shall be eligible for appointment as initial members
of the State Ethics Commission."
SECTION
1-11.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising Code Section 31-43-4, relating to members of the Commission on
Men´s Health, as follows:
"31-43-4.
The
commission shall consist of 11 members: seven members appointed by the Governor;
two members of the Senate appointed by the
Senate
Committee on Assignments
Lieutenant
Governor, one of whom shall be the
chairperson of the Senate Health and Human Services Committee or his or her
designee; and two members of the House of Representatives appointed by the
Speaker of the House, one of whom shall be the chairperson of the House
Committee on Health and Human Services or his or her designee. The Governor may
also appoint an honorary chairperson to serve as a member of the
commission."
SECTION
1-12.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (c) of Code Section 33-29A-21, relating to creation,
membership, duties, and functions of the Commission on the Georgia Health
Insurance Risk Pool, as follows:
"(c)
The Senate
Committee on Assignments
Lieutenant
Governor shall appoint two members of the
Senate and one citizen of this state who is familiar with health insurance
matters to the commission."
SECTION
1-13.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising subsection (b) of Code Section 45-13-70,
relating to the Capitol Art Standards Commission, as follows:
"(b)
The Capitol Art Standards Commission shall be
comprised
composed
of 15 members. Three members shall be appointed by the Governor, of whom one
shall be designated as chairperson. Three members shall be appointed by the
Senate
Committee on Assignments
Lieutenant
Governor and three members shall be
appointed by the Speaker of the House of Representatives. One member each
shall be appointed by the Georgia Historical Society, the Georgia Council for
the Humanities, and the Georgia Council for the Arts. One member each shall be
appointed by the Board of Regents of the University System of Georgia and the
Georgia Foundation for Independent Colleges, each of whom shall be proficient in
the history of the State of Georgia. Each of the appointed members shall serve
two-year terms of office and shall be eligible to succeed themselves. In
addition, the director of the Georgia Capitol Museum or his or her designee
shall be a member of the commission. Vacancies in the positions of appointed
members of the commission shall be filled for the remainder of the unexpired
term of office by the original appointing authority."
SECTION
1-14.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising subsection (g) of Code Section 49-6-62, relating to the
establishment of community care unit within the aging section, as
follows:
"(g)
The department shall submit on January 1 of each year, beginning in 1984, a
progress report on the implementation of the plan required by subsection (e) of
this Code section to the Speaker of the House of Representatives, the
Senate
Committee on Assignments
Lieutenant
Governor, the
chairman
chairperson
of the House Health and Human Services Committee, and the
chairman
chairperson
of the Senate Health and Human Services Committee."
Part
2
SECTION 2-1.
SECTION 2-1.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Agriculture Committee of the Senate", "Senate
Agriculture Committee", and "Committee on Agriculture of the Senate" wherever
the same shall occur and inserting in lieu thereof, respectively, the phrase
"Senate Agriculture and Consumer Affairs Committee":
(1)
Code Section 2-4-7, relating to an advisory board to the Georgia Seed
Development Commission;
(2)
Code Section 2-8-14, relating to the composition, appointments, memberships, and
compensation of the agriculture commodity commissions;
(3)
Code Section 4-15-1, relating to the establishment of a dog and cat reproductive
sterilization support program; and
(4)
Code Section 27-4-253, relating to the creation, membership, and operation of
the Aquaculture Development Commission.
SECTION
2-2.
Code
Section 2-7-113.1 of the Official Code of Georgia Annotated, relating to local
regulation of pesticides and variances from regulations of the Commissioner of
Agriculture, is amended by revising subsection (b) as follows:
"(b)
The governing authority of any county or municipality may, by resolution,
petition the Commissioner of Agriculture for a variance from a rule or
regulation of the Commissioner because of special circumstances relating to the
use or application of a pesticide. If such a petition is received by the
Commissioner, it shall be the duty of the Commissioner to notify the President
of the Senate, the Speaker of the House of Representatives, and the
chairmen
chairpersons
of the Agriculture
and Consumer
Affairs Committee and Natural Resources
and the
Environment Committee of the Senate and
the Agriculture and Consumer Affairs Committee and the Natural Resources and
Environment Committee of the House of Representatives that such petition has
been received. The Commissioner shall conduct a public hearing on such petition
and issue a decision on the requested variance within 60 days of the receipt of
the petition. If a decision is not given within 60 days of the receipt of the
petition, the variance shall automatically be granted. The Commissioner may
grant a variance requested under this subsection with or without
changes."
SECTION
2-3.
The
Official Code of Georgia Annotated is amended by striking from the following
Code section the phrase "Corrections, Correctional Institutions and Property
Committee of the Senate" wherever the same shall occur and inserting in lieu
thereof the phrase "Senate State Institutions and Property
Committee":
(1)
Code Section 42-5-53, relating to the establishment of county correctional
institutions and the supervision and operation of such
institutions.
SECTION
2-4.
The
Official Code of Georgia Annotated is amended by striking from the following
Code section the phrase "Senate Defense, Science and Technology Committee"
wherever the same shall occur and inserting in lieu thereof respectively the
phrase "Senate Science and Technology Committee":
(1)
Code Section 50-13-4, relating to the procedural requirements for adoption,
amendment, or repeal of rules.
SECTION
2-5.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Senate Economic Development and Tourism Committee",
"Senate Economic Development, Tourism, and Cultural Affairs Committee",
"Economic Development, Tourism, and Cultural Affairs Committee of the Senate",
and "Senate Committee on Economic Development and Tourism" wherever the same
shall occur and inserting in lieu thereof, respectively, the phrase "Senate
Economic Development Committee":
(1)
Code Section 10-9-20, relating to the creation and operation of the Geo. L.
Smith II Georgia World Congress Center Authority Overview Committee;
(2)
Code Section 10-10-7, relating to the publication of an annual report by the
Advanced Technology Development Center;
(3)
Code Section 12-3-318, relating to purposes for which income, gifts, grants,
appropriations, bonds, or loans may be used by the Lake Lanier Islands
Development Authority;
(4)
Code Section 50-12-75, relating to the designation of overview committees to
review and evaluate the Aviation Hall of Fame Board; and
(5)
Code Section 50-27-34, relating to the legislative oversight committee for the
Georgia Lottery Corporation.
SECTION
2-6.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrase "Senate Education Committee" wherever the same shall
occur and inserting in lieu thereof, the phrase "Senate Education and Youth
Committee":
(1)
Code Section 20-2-285.1, relating to provisions applicable to third grade
criterion-referenced reading assessment students; and
(2)
Code Section 20-3-519.13, relating to the creation and reporting requirements of
the HOPE/Pre-K Legislative Oversight Committee.
SECTION
2-7.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Education Committees of the House of Representatives
and the Senate" and "House and Senate Education Committees" wherever the same
shall occur and inserting in lieu thereof, respectively, the phrase "House
Education Committee and the Senate Education and Youth Committee":
(1)
Code Section 20-2-212.3, relating to increasing teachers´ salaries in areas
of shortage and criteria for determining the shortages; and
(2)
Code Section 20-3-250.5, relating to the administration and general powers and
duties of the Nonpublic Postsecondary Education Commission.
SECTION
2-8.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Appropriations and Education committees of the House
of Representatives and the Senate", "Education and Appropriations committees of
the House of Representatives and the Senate of the General Assembly" and
"Appropriations and Education committees of the House of Representatives and
Senate of the General Assembly" wherever the same shall occur and inserting in
lieu thereof, respectively, the phrase "Appropriations Committees of the House
of Representatives and the Senate, the House Education Committee, and the Senate
Education and Youth Committee":
(1)
Code Section 20-2-250, relating to projects to improve effectiveness;
(2)
Code Section 20-2-260, relating to capital outlay funds generally;
and
(3)
Code Section 20-2-321, relating to expense record requirements.
SECTION
2-9.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrase "House and Senate Education Committees" wherever the
same shall occur and inserting in lieu thereof, respectively, the phrase "House
Education Committee, the Senate Education and Youth Committee":
(1)
Code Section 49-5-224, relating to the submission of an annual report by the
commissioner of human resources; and
(2)
Code Section 49-5-227, relating to the Children and Youth Coordinating Council
to comment and provide recommendations on the plan for the Coordinated System of
Care.
SECTION
2-10.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
in Code Section 20-2-320, relating to the Education Information Steering
Committee, by revising subsection (c) as follows:
"(c)
For the purpose of this article, authorized educational agencies shall be the
Department of Education; the Department of Early Care and Learning; the Board of
Regents of the University System of Georgia; the Department of Technical and
Adult Education; the Education Coordinating Council; the Professional Standards
Commission; the State Data and Research Center and units under contract to the
State Data and Research Center; the Office of Student Achievement; the education
policy and research components of the office of the Governor; the Office of
Planning and Budget; the Legislative Budget Office; the House Research Office;
and the Senate Research Office. Any information collected over the state-wide
comprehensive educational information system, including individual student
records and individual personnel records, shall be accessible by authorized
educational agencies, provided that any information which is planned for
collection over the system but which is temporarily being collected by other
means shall also be accessible by authorized educational agencies and provided,
further, that adequate security provisions are employed to protect the privacy
of individuals. All data maintained for this system shall be used for
educational purposes only. In no case shall information be released by an
authorized educational agency which would violate the privacy rights of any
individual student or employee. Information released by an authorized
educational agency in violation of the privacy rights of any individual student
or employee shall subject the authorized educational agency to all penalties
under applicable state and federal law. Any information collected over the
state-wide comprehensive educational information system which is not stored in
an individual student or personnel record format shall be made available to the
Governor,
and
the House and Senate
Appropriations,
Education, and Higher Education
committees,
the House
Education Committee, and the Senate Education and Youth
Committee, except information otherwise
prohibited by statute. Data which are included in an individual student record
or individual personnel record format shall be extracted from such records and
made available in nonindividual record format for use by the Governor,
committees of the General Assembly, and agencies other than authorized
educational agencies."
SECTION
2-11.
Said
Title 20 is further amended in Code Section 20-14-27, relating to required
reports by the Office of Student Achievement, by revising subsection (b) as
follows:
"(b)
Each report provided for in this Code section shall be published in a format
that can be easily understood by parents and other members of the community who
are not professional educators. Such reports shall be distributed to the
Governor, Lieutenant Governor, the Speaker of the House of Representatives, the
chairpersons of the
Education
and Higher Education committees of the
Senate and House of
Representatives,
the House Education Committee, and the Senate Education and Youth
Committee, members of the state education
governing boards or commissions, and members of the council. The office shall
not be required to distribute copies of such reports to the members of the
General Assembly but shall notify such members of the availability of the
reports in the manner which it deems to be most effective and efficient. In
addition, such reports shall be posted on the website of the
office."
SECTION
2-12.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Senate Finance and Public Utilities Committee",
"Finance and Public Utilities Committee of the Senate", and "Finance and Public
Utilities Committee of the Georgia Senate" wherever the same shall occur and
inserting in lieu thereof, respectively, the phrase "Senate Finance
Committee":
(1)
Code Section 36-81-8, relating to annual local government finances reports and
local independent authority indebtedness reports;
(2)
Code Section 48-5-349.5, relating to an annual report on examination of county
tax digests; and
(3)
Code Section 50-16-34, relating to the powers and duties of the State Properties
Commission.
SECTION
2-13.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Finance and Public Utilities Committee of the Senate"
and "Finance and Public Utilities Committee of the Georgia Senate" wherever the
same shall occur and inserting in lieu thereof, respectively, the phrase "Senate
Regulated Industries and Utilities Committee":
(1)
Code Section 46-2-23, relating to rate-making power of the Public Service
Commission generally; and
(2)
Code Section 46-10-3, relating to the creation of consumers´utility counsel
and the appointment, qualifications, and compensation thereof.
SECTION
2-14.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Natural Resources Committee of the Senate", "Senate
Natural Resources Committee", "Georgia Senate Natural Resources Committee", and
"Senate Committee on Natural Resources" wherever the same shall occur and
inserting in lieu thereof, respectively, the phrase "Senate Natural Resources
and the Environment Committee":
(1)
Code Section 12-5-327, relating to the duty of the Department of Natural
Resources to prepare a document reflecting the Georgia coastal management
program for submission to the Governor;
(2)
Code Section 12-5-443, relating to a comprehensive land and water use
plan;
(3)
Code Section 12-5-580, relating to the creation of coordinating committees by
the Metropolitan North Georgia Water Planning District Governing
Board;
(4)
Code Section 12-5-581, relating to the creation of advisory councils by the
Metropolitan North Georgia Water Planning District Governing Board;
(5)
Code Section 12-5-586, relating to an annual report detailing activities of the
Metropolitan North Georgia Water Planning District; and
(6)
Code Section 12-11-11, relating to the Conservation Corps Advisory
Council.
SECTION
2-15.
Code
Section 28-8-1 of the Official Code of Georgia Annotated, relating to the
creation of the Georgia Criminal Justice Improvement Council and its membership
and operations, is amended by revising paragraphs (3) and (4) of subsection (a)
as follows:
"(3)
The
chairmen
chairpersons
of the Judiciary, Special Judiciary, Public Safety
and Homeland
Security, and
Corrections,
Correctional
State
Institutions and Property committees of the Senate;"
(4)
The
chairmen
chairpersons
of the
Judiciary,;
Special
Judiciary,
Non-civil; Public Safety
and Homeland
Security,;
and State Institutions and Property committees of the House of
Representatives;
SECTION
2-16.
The
Official Code of Georgia Annotated is amended by striking from the following
Code section the phrase "Senate Committee on Health and Human Services" wherever
the same shall occur and inserting in lieu thereof the phrase "Senate Health and
Human Services Committee":
(1)
Code Section 49-5-224, relating to reporting with respect to severely troubled
children and adolescents; and
(2)
Code Section 49-5-227, relating to the Children and Youth Coordinating Council
to comment and provide recommendations on the plan for the Coordinated System of
Care.
SECTION
2-17.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Industry Committee of the House of Representatives",
"Industry Committee of the Georgia House of Representatives", and "House
Committee on Industry" wherever the same shall occur and inserting in lieu
thereof, respectively, the phrase "House Energy, Utilities and Telecomunications
Committee":
(1)
Code Section 46-2-23, relating to the rate-making power of the Public Service
Commission generally;
(2)
Code Section 46-10-3, relating to the creation of consumers´ utility
counsel and the appointment, qualifications, and compensation thereof;
and
(3)
Code Section 50-13-4, relating to the procedural requirements for adoption,
amendment, or repeal of rules.
SECTION
2-18.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Industry Committee of the House of Representatives"
and "House Committee on Industry" wherever the same shall occur and inserting in
lieu thereof, respectively, the phrase "House Economic Development and Tourism
Committee":
(1)
Code Section 50-5-124, relating to reports required of an advisory council to
the Department of Administrative Services; and
(2)
Code Section 50-12-75, relating to the designation of overview committees to
review and evaluate the Aviation Hall of Fame Board.
SECTION
2-19.
The
Official Code of Georgia Annotated is amended by striking from the following
Code section the phrase "Journals Committee of the House of Representatives"
wherever the same shall occur and inserting in lieu thereof the phrase "House
Information and Audits Committee":
(1)
Code Section 28-1-8, relating to salary and allowances of members and officers
of the General Assembly.
SECTION
2-20.
Code
Section 9-10-150 of the Official Code of Georgia Annotated, relating to grounds
for continuance for a party or attorney in the General Assembly, is amended by
striking such Code section in its entirety and inserting in lieu thereof the
following:
"9-10-150.
A
member of the General Assembly who is a party to or the attorney for a party to
a case, or any member of the staff of the Lieutenant Governor, the Speaker of
the House of Representatives, the President Pro Tempore of the Senate, the
Speaker Pro Tempore of the House of Representatives, or the chairperson of the
Judiciary Committee or Special Judiciary Committee of
either
the Senate or
of
the Judiciary
Committee or Judiciary, Non-civil Committee of
the House of Representatives who is the
lead counsel for a party to a case pending in any trial or appellate court or
before any administrative agency of this state, shall be granted a continuance
and stay of the case. The continuance and stay shall apply to all aspects of
the case, including, but not limited to, the filing and serving of an answer to
a complaint, the making of any discovery or motion, or of any response to any
subpoena, discovery, or motion, and appearance at any hearing, trial, or
argument. Unless a shorter length of time is requested by the member, the
continuance and stay shall last the length of any regular or extraordinary
session of the General Assembly and during the first three weeks following any
recess or adjournment including an adjournment sine die of any regular or
extraordinary session. A continuance and stay shall also be granted for such
other times as the member of the General Assembly or staff member certifies to
the court that his or her presence elsewhere is required by his or her duties
with the General Assembly. Notwithstanding any other provision of law, rule of
court, or administrative rule or regulation, the time for doing any act in the
case which is delayed by the continuance provided by this Code section shall be
automatically extended by the same length of time as the continuance or stay
covered."
SECTION
2-21.
Code
Section 15-5-21 of the Official Code of Georgia Annotated, relating to
promulgation of rules relating to transcripts and court reporters´ fees, is
amended by striking subsection (d) in its entirety and inserting in lieu thereof
the following:
"(d)
A rule or regulation promulgated by the Judicial Council pursuant to this Code
section shall not become effective unless that council provides to the
chairperson of the Judiciary Committee of the House of Representatives, the
chairperson of the
Special
Judiciary,
Non-civil Committee of the House of
Representatives, the chairperson of the Judiciary Committee of the Senate, and
the chairperson of the Special Judiciary Committee of the Senate, at least 30
days prior to the date that council intends to adopt such rule or regulation,
written notice which includes an exact copy of the proposed rule or regulation
and the intended date of its adoption. After July 1, 1986, no rule or regulation
adopted by the Judicial Council pursuant to this Code section shall be valid
unless adopted in conformity with this subsection. A proceeding to contest any
rule or regulation on the grounds of noncompliance with this subsection must be
commenced within two years from the effective date of the rule or
regulation."
Part
3
SECTION 3-1.
SECTION 3-1.
It
is not the intention of this Act to remove from office any person appointed
under prior law, but rather this Act is intended only to change the power of
appointment for appointments made on or after the effective date of this
Act.
SECTION
3-2.
This
Act is intended to reflect the current internal organization of the Georgia
Senate and House of Representatives and is not otherwise intended to change
substantive law. In the event of a conflict with any other Act of the 2007
General Assembly, such other Act shall control over this Act.
SECTION
3-3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3-4.
All
laws and parts of laws in conflict with this Act are repealed.
