06 LC 33
1128
House
Bill 1095
By:
Representative Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend the Official Code of Georgia Annotated so as 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 an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
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.
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 striking subsection (b) in its entirety and inserting
in lieu thereof the following:
"(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
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
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
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
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
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
teacherś
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
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
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
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 striking subsection (c) in its entirety and inserting in lieu
thereof the following:
"(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
11.
Said
Title 20 is further amended in Code Section 20-14-27, relating to required
reports by the Office of Student Achievement, by striking subsection (b) in its
entirety and inserting in lieu thereof the following:
"(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
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
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
consumerśutility
counsel and the appointment, qualifications, and compensation
thereof.
SECTION
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 12-5-287, relating to leasing of state owned marshland or water
bottoms;
(2)
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;
(3)
Code Section 12-5-443, relating to a comprehensive land and water use
plan;
(4)
Code Section 12-5-580, relating to the creation of coordinating committees by
the Metropolitan North Georgia Water Planning District Governing
Board;
(5)
Code Section 12-5-581, relating to the creation of advisory councils by the
Metropolitan North Georgia Water Planning District Governing Board;
(6)
Code Section 12-5-586, relating to an annual report detailing activities of the
Metropolitan North Georgia Water Planning District;
(7)
Code Section 12-11-11, relating to the Conservation Corps Advisory
Council;
(8)
Code Section 40-2-49.1, relating to license plates promoting the Bobwhite Quail
Restoration Initiative; and
(9)
Code Section 40-2-86.6, relating to license plates promoting conservation and
enhancement of trout populations.
SECTION
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 striking paragraph (3) of subsection (a) in its
entirety and inserting in lieu thereof the following:
"(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;"
SECTION
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 49-5-227, relating to the Children and Youth Coordinating Council
to comment and provide recommendations on the plan for the Coordinated System of
Care.
SECTION
17.
The
Official Code of Georgia Annotated is amended by striking from the following
Code sections the phrases "Health and Human Services Committee of the House of
Representatives", "Health and Human Services Committee of the House", and "House
Committee on Health and Human Services" wherever the same shall occur and
inserting in lieu thereof, respectively, the phrase "House Health and Human
Services Committee":
(1)
Code Section 31-6-21.1, relating to procedures for rule making by the Department
of Community Health;
(2)
Code Section 31-6-46, relating to an annual report by the Department of
Community Health;
(3)
Code Section 31-43-4, relating to members of the Commission on Men's
Health;
(4)
Code Section 44-5-150, relating to duties of Advisory Board on Anatomical Gift
Procurement; and
(5)
Code Section 49-4-149.1, relating to the submission by the Department of
Community Health of a plan for family supplementation of Medicaid
payments;
SECTION
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",
"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 Public 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
consumerś
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
19.
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
20.
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
21.
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. 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
22.
Code
Section 15-5-21 of the Official Code of Georgia Annotated, relating to
promulgation of rules relating to transcripts and court
reporterś
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."
SECTION
23.
Code
Section 28-8-1 of the Official Code of Georgia Annotated, relating to the
creation, membership, and operation of the Georgia Criminal Justice Improvement
Council, is amended by striking paragraph (4) of subsection (a) in its entirety
and inserting in lieu thereof the following:
"(4)
The
chairmen
chairpersons
of the
Judiciary,;
Special
Judiciary,
Non-civil;,
Public
Safety;,
and State Institutions and Property committees of the House of
Representatives;"
SECTION
24.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
25.
All
laws and parts of laws in conflict with this Act are repealed.