06 LC 18
5263
Senate
Bill 556
By:
Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 2 of the Official Code of Georgia Annotated, relating to
agriculture; Title 8 of the Official Code of Georgia Annotated, relating to
buildings and housing; Title 15 of the Official Code of Georgia Annotated,
relating to courts; Title 17 of the Official Code of Georgia Annotated, relating
to criminal procedure; Title 20 of the Official Code of Georgia Annotated,
relating to education; Title 26 of the Official Code of Georgia Annotated,
relating to food, drugs, and cosmetics; Title 28 of the Official Code of Georgia
Annotated, relating to the General Assembly; Title 35 of the Official Code of
Georgia Annotated, relating to law enforcement officers and agencies; Title 40
of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic; Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses; Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees; Title 49 of the Official Code of
Georgia Annotated, relating to social services; and Title 50 of the Official
Code of Georgia Annotated, relating to state government, so as to provide for
the comprehensive revision of provisions regarding state budgeting; to revise
and change duties and responsibilities of budget units; to provide for the
transfer of the duties and responsibilities of the Legislative Budget Office and
legislative budget offices; to provide for the powers, duties, and
responsibilities of the Senate Budget and Evaluation Office and the House Budget
Office; to revise and change terminology regarding budget unit object class; to
revise and change certain provisions regarding powers of the Lieutenant
Governor; to repeal provisions regarding the Budgetary Responsibility and
Oversight Committee; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1.
SECTION 1.
Title
2 of the Official Code of Georgia Annotated, relating to agriculture, is amended
by striking Code Section 2-18-4, relating to the attachment of the Georgia
Tobacco Community Development Board for administrative purposes to the Office of
Planning and Budget, and inserting in its place a new Code Section 2-18-4 to
read as follows:
"2-18-4.
The
board is attached to the Office of Planning and Budget for administrative
purposes. Without limitation, the office shall provide such staff and other
services as the board may need for its functions.
Without
detracting from the status of the board as a budget unit,
the
The
Office of Planning and Budget may expend its funds for purposes of the board as
if such funds were appropriated directly to the
board."
SECTION
2.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by striking Code Section 20-1A-1, relating to creation of the Department of
Early Care and Learning, and inserting in its place a new Code Section 20-1A-1
to read as follows:
"20-1A-1.
The
Department of Early Care and Learning is created as a department of the
executive branch of state government and shall have the duties,
responsibilities, functions, powers, and authority set forth in this chapter and
otherwise provided by law. The Department of Early Care and Learning is the
successor to the Office of School Readiness and shall have the duties,
responsibilities, functions, powers, authority, employees, office equipment,
furniture, and other assets formerly held by the Office of School Readiness.
The
Department of Early Care and Learning shall be a separate budget
unit."
SECTION
3.
Said
title is further amended by striking subsection (a) of Code Section 20-3-82,
relating to the Georgia Eminent Scholars Endowment Trust Fund, and inserting in
its place a new subsection (a) to read as follows:
"(a)
There is created the Georgia Eminent Scholars Endowment Trust Fund. The board of
regents shall serve as trustees of such fund.
The fund
shall be a budget unit for the purpose of appropriations of state funds as
provided for in Part 1 of Article 4 of Chapter 12 of Title
45."
SECTION
4.
Said
title is further amended by striking subsection (b) of Code Section 20-3-231,
relating to the purpose of the Georgia Student Finance Commission, and inserting
in its place a new subsection (b) to read as follows:
"(b)
Purpose of
commission. The purpose of the commission
shall be to help improve the higher educational opportunities of citizens and
persons in this state by serving as an agency
and budget
unit within the executive branch of state
government for the purpose of carrying out and effectuating the powers, duties,
and functions set forth in this
part."
SECTION
5.
Said
title is further amended by striking subsection (a) of Code Section 20-3-233,
relating to the creation of the Georgia Student Finance Commission, and
inserting in its place a new subsection (a) to read as follows:
"(a)
There is created within the executive branch of state government a commission to
be known as the Georgia Student Finance Commission. The commission shall be an
agency of the state
and a
budget unit
thereof."
SECTION
6.
Said
title is further amended by striking subsection (a) of Code Section 20-3-250.5,
relating to administration of the Nonpublic Postsecondary Education Commission,
and inserting in its place a new subsection (a) to read as follows:
"(a)
The commission shall be assigned to the Georgia Student Finance Commission for
administrative purposes only.
The
commission shall be a budget unit of the executive branch of the state
government."
SECTION
7.
Title
26 of the Official Code of Georgia Annotated, relating to food, drugs, and
cosmetics, is amended by striking subsection (a) of Code Section 26-4-29,
relating to the Georgia Drugs and Narcotics Agency, and inserting in its place a
new subsection (a) to read as follows:
"(a)
The agency created in 1908 as the Office of the Chief Drug Inspector and known
as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence
as the Georgia Drugs and Narcotics Agency.
This agency
shall be a budget unit as defined under Code Section 45-12-7; provided, however,
that the
The
agency shall be assigned for administrative purposes only, as defined in Code
Section 50-4-3, to the office of the Secretary of State. The Georgia Drugs and
Narcotics Agency is authorized by this Code section to enforce the drug laws of
this state. The board shall appoint a director who shall be charged with
supervision and control of such agency. The agency shall employ the number of
personnel deemed necessary to properly protect the health, safety, and welfare
of the citizens of this state. Such personnel shall be pharmacists registered in
this state when employed as either special agents or the deputy
director."
SECTION
8.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by striking Code Section 35-6A-9, relating to
the Criminal Justice Coordinating Council, and inserting in its place a new Code
Section 35-6A-9 to read as follows:
"35-6A-9.
The
council shall prepare a budget request in the same manner as any such request
would be prepared
by a budget
unit under Part 1 of Article 4 of Chapter
12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided
for the council in the general appropriations Act. The council is authorized to
accept and use gifts, grants, and donations for the purpose of carrying out this
chapter. The council is also authorized to accept and use property, both real
and personal, and services, for the purpose of carrying out this chapter. Any
funds, property, or services received as gifts, grants, or donations shall be
kept separate and apart from any funds received by the Office of Planning and
Budget; and such funds, property, or services so received by gifts, grants, or
donations shall be the property and funds of the council and, as such, shall not
lapse at the end of each fiscal year but shall remain under the control and
subject to the direction of the council to carry out this
chapter."
SECTION
9.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by striking subsection (a) of Code Section 40-16-7, relating
to the budget of the Department of Driver Services, and inserting in its place a
new subsection (a) to read as follows:
"(a)
The
department shall be a budget unit to which funds may be appropriated as provided
in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title
45. The department shall be an independent
and distinct department of state government. The duties of the department shall
be performed by that department and not by any other agency of state government,
and the department shall not perform the duties of any other agency of state
government. The position of commissioner of driver services shall be a separate
and distinct position from any other position in state government. The duties of
the commissioner shall be performed by the commissioner and not by any other
officer of state government, and the commissioner shall not perform the duties
of any other officer of state
government."
SECTION
10.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
business, is amended by repealing it its entirety subsection (l) of Code Section
43-1-2, relating to the director of the professional licensing boards division
of the office of the Secretary of State, which reads as follows:
"(l)
Funding for the office of the division director and the various professional
licensing boards served by such office shall be contained in a common budget
unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act.'"
SECTION
11.
Said
title is further amended by striking subsection (g) of Code Section 43-40-2,
relating to the Georgia Real Estate Commission, and inserting in its place a new
subsection (g) to read as follows:
"(g)
The
commission
shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title
45, the 'Budget Act'; provided, however, that
the commission shall be assigned for
administrative purposes only to the office of the Secretary of
State."
SECTION
12.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by striking Code Section 45-5-7, relating to hearing of
complaints against budget unit employees, and inserting in its place a new Code
Section 45-5-7 to read as follows:
"45-5-7.
Upon
information being received that any individual employed by the state government
is guilty or is alleged to be guilty of irregularities, misconduct, malpractice,
malfeasance, misfeasance, incompetence, incapability, or inefficiency in the
conduct of his or her official duties, the head of the
budget
unit,
department,
or agency employing said person shall be notified of such charges; and if the
head of the
budget
unit,
department,
or agency takes the position that the charges are unfounded and fails or refuses
to discharge the individual against whom the complaint is lodged, it shall be
the duty of the Governor to hear the complaint and if, in his
or
her opinion, the facts sustain the truth
of the accusation, the individual shall stand discharged from state service.
Nothing in this Code section shall affect the tenure of office of the elected
officials of this state, nor the tenure of office of appointed officials of this
state who have been confirmed by the Senate as required by law, nor the tenure
of office of those employees who are subject to merit system laws and rules and
regulations."
SECTION
13.
Said
title is further amended by striking subsection (a) of Code Section 45-12-72,
relating to the Office of Planning and Budget, and inserting in its place a new
subsection (a) to read as follows:
"(a)
There is established in the office of the Governor the Office of Planning and
Budget as a
separate budget unit for the purpose of
promoting economy and efficiency in the fiscal management of the state
government. The Governor shall be ex officio director of the
budget."
SECTION
14.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by striking subsection (b) of Code Section 49-5-135, relating to the
Children and Youth Coordinating Council, and inserting in its place a new
subsection (b) to read as follows:
"(b)
The council shall prepare a budget request
in the same
manner as any such request would be prepared by a budget
unit in accordance with Part 1 of Article
4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation
shall be provided for the council in the General Appropriations Act. The council
is authorized to accept and use gifts, grants, and donations for the purpose of
carrying out this article. The council is also authorized to accept and use
property, both real and personal, and services for the purpose of carrying out
this article. Any funds, property, or services received as gifts, grants, or
donations shall be kept separate and apart from any funds received by the Office
of Planning and Budget; and such funds, property, or services so received by
gifts, grants, or donations shall be the property and funds of the council and,
as such, shall not lapse at the end of each fiscal year but shall remain under
the control of and subject to the direction of the council to carry out this
article."
SECTION
15.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by striking paragraph (1) of subsection (g) of Code Section 50-17-22,
relating to the State Financing and Investment Commission, and inserting in its
place a new paragraph (1) to read as follows:
"(1)
The commission
is
designated a budget unit and shall be
subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act.'"
SECTION
16.
Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 50-27-13, relating to lottery proceeds, and inserting in its place a new paragraph (2) to read as follows:
Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 50-27-13, relating to lottery proceeds, and inserting in its place a new paragraph (2) to read as follows:
"(2)
In the budget report the Governor shall further make specific recommendations as
to the education programs and purposes for which appropriations should be made
from the Lottery for Education Account. The General Assembly shall appropriate
from the Lottery for Education Account by specific reference to it, or by
reference to 'lottery proceeds.' All appropriations of lottery proceeds
to any
particular budget unit shall be
made
together in a separate part entitled,
identified, administered, and accounted for separately
as a
distinct budget unit for lottery proceeds.
Such appropriations shall otherwise be made in the manner required by law for
appropriations."
PART
II
SECTION 17.
SECTION 17.
Title
28 of the Official Code of Georgia Annotated, relating to the General Assembly,
is amended by striking Code Section 28-5-25, relating to joint meetings of the
fiscal affairs subcommittees, and inserting in its place a new Code Section
28-5-25 to read as follows:
"28-5-25.
The
fiscal affairs subcommittees shall meet jointly as one committee at least once
each quarter, or more often, at the call of the Governor, for the purpose of
reviewing and approving budget unit
object
class
program
transfers recommended by the Governor. Such transfers shall not be made without
the approval of at least 11 members of such subcommittees sitting jointly. No
funds whatsoever shall be transferred for use in commencing any new program or
activity which does not currently have an appropriation or which would require
operating funds or capital outlay funds beyond the biennium in which such
transfer is
made."
SECTION
18.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by striking paragraphs (5) and (6) of Code Section
45-12-75, relating to the budget report, and inserting in their place new
paragraphs (5) and (6) to read as follows:
"(5)
Detailed comparative statements of expenditures and requests for appropriations
by funds, budget units, and
budget
classes
programs,
showing the expenditures for each of the two fiscal years last concluded, the
budget of the current year, and the
Governoŕs
recommendations for appropriations for each budget unit
and
program for the next fiscal year.
Following the lists of actual and proposed expenditures of each budget unit
and
program there shall be a brief explanation
of the
functions
purposes
of the unit
and
program and comments on its policies and
plans and on any considerable differences among the amounts expended and the
amounts recommended, with such descriptive, quantitative, comparative, and other
data as to work done, unit costs, and like information as is considered
necessary or desirable.
In
connection with each budget class of
For
capital outlays involving construction projects to be completed in two or more
fiscal years, there shall be shown the total estimated cost of each such project
and the amount thereof recommended to be appropriated and expended in each
ensuing fiscal year until completion of the project. Capital outlay needs shall
be projected for a period that is consistent with each
organizatiońs
approved strategic plan as summarized in the budget;
(6)
A summary statement of the cash resources estimated to be available at the
beginning of the next fiscal year and the estimated cash receipts of the fiscal
year as compared with the total recommended amounts of appropriation for all
budget
classes
programs
for the year and, if the total of the recommended expenditures exceeds the total
of the estimated resources, recommendations as to how the deficiency is to be
met and estimates of receipts from any proposed additional
revenues;".
SECTION
19.
Said
title is further amended by striking subsection (b) of Code Section 45-12-78,
relating to submission of annual budget estimates, and inserting in its place a
new subsection (b) to read as follows:
"(b)
Except as otherwise provided in this subsection, the budget estimates for the
General Assembly, including all the legislative agencies,
shall be
prepared by the Speaker of the House of Representatives and the President of the
Senate and such other legislative officers as appropriate
and shall be submitted to the director of
the budget at the same time as other budget estimates are submitted. The
Department of Audits and Accounts, for the purpose of this part, is a
legislative agency and shall be construed in all respects as such; and the
budget estimate for said department shall be prepared by the state auditor and
shall be included in the budget report without revision and shall not be subject
to review or control by the Office of Planning and Budget. The director of the
Office of Treasury and Fiscal Services shall assist in the preparation of these
budget estimates, if requested.
Effective
with the budget estimates for the fiscal year beginning July 1, 1985,
the
The
budget estimates for the Senate, the office of the Lieutenant Governor, and the
office of the Secretary of the Senate shall be prepared by the Senate; the
budget estimates for the House of Representatives, the office of the Speaker of
the House of Representatives, and the office of the Clerk of the House of
Representatives shall be prepared by the House of Representatives; and the
budget estimates for the Office of Legislative
Counsel,
and
the Office of Legislative Fiscal
Officer,
and the Office of Legislative Budget
Analyst shall be prepared by the
Legislative Services Committee. All of such budget estimates shall include such
object
classes
programs
as the Legislative Services Committee shall determine, and transfers of funds
may be made between such
object
classes
programs.
Funds may also be transferred
between
across
programs within the
Senate, the
office of the Lieutenant Governor, and the office of the Secretary of the
Senate. Funds may also be transferred
between
across
programs within the House of
Representatives,
the office of the Speaker of the House of Representatives, and the office of the
Clerk of the House of Representatives.
Funds may also be transferred between the Office of Legislative
Counsel,
and
the Office of Legislative Fiscal
Officer,
and the Office of Legislative Budget
Analyst."
SECTION
20.
Said
title is further amended by striking subsection (d) of Code Section 45-12-80,
relating to financial plans regarding the Appropriations Act, and inserting in
its place a new subsection (d) to read as follows:
"(d)
The annual operating budget for each budget unit shall be submitted for approval
to the Office of Planning and Budget by May 31 of the fiscal year preceding the
effective date; shall be submitted on forms and in the format as determined by
the Office of Planning and Budget; and shall conform to approved appropriations
Acts. The total annual operating budget, including such schedules and
supplementary information as may be required by the Office of Planning and
Budget, shall be considered the financial plan for the budget unit. The various
schedules included in the annual operating budget shall govern the approved
expenditures for the
applicable
object class
program
and shall ensure that these expenditures conform to both the letter and the
intent of approved appropriations Acts. The Governor through the Office of
Planning and Budget shall direct to be made such changes in the submitted annual
operating budget as the Governor deems necessary to bring the annual operating
budget into conformity with approved appropriations
Acts."
SECTION
21.
Said
title is further amended by striking Code Section 45-12-90, relating to
disposition of appropriations, and inserting in its place a new Code Section
45-12-90 to read as follows:
"45-12-90.
In
the event that any
duties,
and
purposes,
and objects for which appropriations are
made shall be transferred to a budget unit other than that to which
appropriated, the appropriations for such
duties,
and
purposes,
and objects shall be made available,
subject to this part, to such budget unit or budget units to which the
duties,
and
purposes,
and objects are transferred. Should the
appropriation to be transferred not be shown in the appropriation Act as a
separate and identifiable item, the amount to be transferred shall be decided by
the Office of Planning and Budget in accordance with the detailed estimates or
other information embodied in the budget
report."
PART
III
SECTION 22.
SECTION 22.
Title
45 of the Official Code of Georgia Annotated, relating to public officers, is
amended by striking Code Section 45-12-82, relating to filing of periodic work
programs, and inserting in its place a new Code Section 45-12-82 to read as
follows:
"45-12-82.
The
Governor, through the Office of Planning and Budget, shall require each budget
unit, other than those of the legislative branch and the judicial branch, to
file periodic work programs with the Office of Planning and Budget at such time
as the Office of Planning and Budget shall direct. As provided in Code Section
45-12-83, no allotment of funds shall be approved for any budget unit until such
budget unit has filed a periodic work program with the Office of Planning and
Budget and the periodic work program has been approved by the Governor. The work
program shall be presented on forms prescribed by the Office of Planning and
Budget and shall contain such information as the Governor, through the Office of
Planning and Budget, may require. The work program shall include the amount of
the portion of the appropriation required for the
period́s
expenditures based on the budget prepared as provided in this part. Periodic
work programs may be amended from time to time in such manner as the Office of
Planning and Budget may require. A duplicate copy of all of the periodic work
programs and any amendments thereto shall be filed simultaneously with the
Office of Planning and Budget, the director of the Office of Treasury and Fiscal
Services, the state auditor,
the
Comptroller General, and the Office of Legislative Budget
Analyst
the State
Accounting Office, the Senate Budget and Evaluation Office, and the House Budget
Office."
SECTION
23.
Title
8 of the Official Code of Georgia Annotated, relating to buildings and housing,
is amended by striking Code Section 8-2-144, relating to accounting of certain
fees by the Commissioner of Insurance, and inserting in its place a new Code
Section 8-2-144 to read as follows:
"8-2-144.
The
Commissioner of Insurance shall file a report on or before December 15 of each
year accounting for all fees received by the Commissioner under this part and
Part 3 of this article for the preceding 12 month period and for the actual
costs of the inspection programs under this part and Part 3 of this article for
the preceding 12 month period. Such report shall be provided to the chairpersons
of the House Appropriations Committee, the Senate Appropriations Committee, the
House Governmental Affairs Committee, and the Senate Regulated Industries and
Utilities Committee, the director of the Office of Planning and Budget,
and
the director of the
Legislative
Senate
Budget and
Evaluation
Office, and
the director of the House Budget
Office."
SECTION
24.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
striking subsection (a) of Code Section 15-6-77.4, relating to certain
additional divorce case filing fees, and inserting in its place a new
subsection (a) to read as follows:
"(a)
In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3,
and 47-14-51, for filing each divorce case, the clerk of superior court shall
charge an additional fee of $5.00. Each clerk of the superior court shall
collect the additional fees for divorce cases as provided in this Code section
and shall pay such moneys over to the Georgia Superior Court
Clerkś
Cooperative Authority by the last day of the month there following, to be
deposited by the authority into the general treasury. The authority shall, on a
quarterly basis, make a report and accounting of all funds collected pursuant to
this Code section and shall submit such report and accounting to the Office of
Planning and Budget, the
Legislative
House
Budget Office, and the Senate Budget
and
Evaluation Office no later than 60 days
after the last day of the preceding
quarter."
SECTION
25.
Said
title is further amended by striking Code Section 15-9-60.1, relating to certain
additional marriage license fees, and inserting in its place a new Code Section
15-9-60.1 to read as follows:
"15-9-60.1.
In
addition to any fees required in Code Section 15-9-60 for receiving marriage
applications, issuing marriage licenses, and recording relative thereto, the
judge of the probate court shall charge an additional fee of $15.00 for issuing
a marriage license. No amount of this additional fee shall be paid into the
Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter
11 of Title 47 or be used for the purpose of calculating retirement benefits for
judges of the probate courts. Each judge of the probate court shall collect the
additional fees for issuing marriage licenses as provided in this Code section
and shall pay such moneys over to the Georgia Superior Court
Clerkś
Cooperative Authority by the last day of the month there following, to be
deposited by the authority into the general treasury. The authority shall, on a
quarterly basis, make a report and accounting of all funds collected pursuant to
this Code section and shall submit such report and accounting to the Office of
Planning and Budget, the
Legislative
House
Budget Office, and the Senate Budget
and
Evaluation Office no later than 60 days
after the last day of the preceding
quarter."
SECTION
26.
Said
title is further amended by striking paragraph (3) of subsection (e) of Code
Section 15-18-12, relating to judicial circuit travel expenses, and inserting in
its place a new paragraph (3) to read as follows:
"(3)
In determining the travel budget for each judicial circuit, the council shall
consider the budget request submitted by the district attorney of each judicial
circuit, the geographic size and the caseload of each circuit, and such other
facts as may be relevant. The council is authorized to establish a contingency
reserve of not more than 3 percent of the total amount appropriated by the
General Assembly in order to meet any expenses which could not be reasonably
anticipated. The council shall submit to each district attorney, the state
auditor,
and the
legislative budget analyst
the House
Budget Office, and the Senate Budget and Evaluation
Office a monthly report showing the budget
amount of expenditures made under the travel budget. The council may
periodically review and adjust said budget as may be necessary to carry out the
purposes of this Code
section."
SECTION
27.
Said
title is further amended by striking Code Section 15-21-74, relating to payment
of certain amounts of the Georgia Superior Court
Clerkś
Cooperative Authority, and inserting in its place a new Code Section 15-21-74 to
read as follows:
"15-21-74.
The
sums provided for in Code Section 15-21-73 shall be assessed and collected by
the court officer charged with the duty of collecting moneys arising from fines
and forfeited bonds and shall be paid over to the Georgia Superior Court
Clerkś
Cooperative Authority by the last day of the month there following, to be
deposited by the authority into the general treasury. The authority shall, on a
quarterly basis, make a report and accounting of all funds collected pursuant to
this article and shall submit such report and accounting to the Office of
Planning and Budget, the
Legislative
House
Budget Office, and the Senate Budget
and
Evaluation Office no later than 60 days
after the last day of the preceding
quarter."
SECTION
28.
Said
title is further amended by striking Code Section 15-21-113, relating to payment
of certain amounts to the Georgia Superior Court
Clerkś
Cooperative Authority, and inserting in its place a new Code Section 15-21-113
to read as follows:
"15-21-113.
The
sums provided for in Code Section 15-21-112 shall be assessed and collected by
the court officer charged with the duty of collecting moneys arising from fines
and shall be paid over by the last day of the following month to the Georgia
Superior Court
Clerkś
Cooperative Authority for remittance to the Georgia Crime Victims Compensation
Board, to be deposited into the Georgia Crime Victims Emergency Fund. The
authority shall, on a quarterly basis, make a report and accounting of all funds
collected pursuant to this article and shall submit such report and accounting
to the Office of Planning and Budget, the
Legislative
House
Budget Office, and the Senate Budget
and
Evaluation Office no later than 60 days
after the last day of the preceding
quarter."
SECTION
29.
Said
title further amended by striking subsection (c) of Code Section 15-21A-7,
relating to the reporting and accounting system of the Georgia Superior Court
Clerkś
Cooperative Authority, and inserting in its place a new subsection (c) to read
as follows:
"(c)
The authority shall, on a quarterly basis, make a detailed report and accounting
of all fines and fees collected and remitted by any court and shall submit such
report and accounting to the General Oversight Committee for the Georgia Public
Defender Standards Council, the Office of Planning and Budget, the Chief Justice
of the Supreme Court of Georgia, the
Legislative
House
Budget Office, and the Senate Budget
and
Evaluation Office no later than 60 days
after the last day of the preceding
quarter."
SECTION
30.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by striking paragraph (3) of subsection (c) of Code Section 17-12-26,
relating to the budget of the Georgia Public Defender Standards Council, and
inserting in its place a new paragraph (3) to read as follows:
"(3)
In determining the travel budget for each judicial circuit, the council shall
consider the budget request submitted by the circuit public defender of each
judicial circuit, the geographic size and the caseload of each circuit, and
other facts as may be relevant. The council is authorized to establish a
contingency reserve of not more than 3 percent of the total amount appropriated
by the General Assembly in order to meet any expenses which could not be
reasonably anticipated. The council shall submit to each circuit public
defender, the state auditor,
and the
legislative budget analyst
the Senate
Budget and Evaluation Office, and the House Budget
Office a monthly report showing the budget
amount of expenditures made under the travel budget. The council may
periodically review and adjust the travel budget as may be necessary to carry
out the purposes of this
subsection."
SECTION
31.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by striking subsections (a) and (c) of Code Section 20-2-320, relating to the
Education Information Steering Committee, and inserting in their place new
subsections (a) and (c), respectively, to read as follows:
"20-2-320.
(a)
The Governor shall appoint a steering committee, which shall be named the
Education Information Steering Committee, composed of representatives from the
Department of Education, the Department of Technical and Adult Education, the
Board of Regents of the University System of Georgia, the office of the
Governor, the Office of Planning and Budget, the Department of Audits and
Accounts, the Georgia Technology Authority, the Department of Early Care and
Learning, the Professional Standards Commission, the Office of Student
Achievement, the Georgia Public Telecommunications Commission,
the
Legislative Budget Office,
the Senate
Budget and Evaluation Office, the House Budget
Office, and local school systems. The
steering committee shall identify the data required to implement the Quality
Basic Education Program on a fiscally sound basis and the data required to
evaluate the effectiveness of the components of public education in Georgia.
The steering committee shall identify data that shall be required from local
units of administration for the implementation of this article. Further, the
steering committee shall develop a design for a state-wide comprehensive
educational information system which will provide for the accurate, seamless,
and timely flow of information from local and regional education agencies, units
of the University System of Georgia, and technical schools and colleges to the
state. The design shall include hardware, software, data, collection methods
and times, training, maintenance, communications, security of data, and
installation specifications and any other relevant specifications needed for the
successful implementation of this system. The state-wide comprehensive
educational information system shall not use a
student́s
social security number or an
employeés
social security number in violation of state or federal law to identify a
student or employee. The steering committee shall present such recommendations
to the Education Coordinating Council. Upon approval of the boards of the
respective education agencies, such boards shall issue appropriate requests for
proposals to implement a state-wide comprehensive educational information
system, subject to appropriation by the General Assembly. The boards of the
respective education agencies, at the direction of the Education Coordinating
Council and working through the steering committee, shall initiate contracts
with appropriate vendors and local units of administration for the procurement
of services, purchase of hardware and software, and for any other purpose as
directed by the Education Coordinating Council, consistent with appropriation by
the General
Assembly."
"(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 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, 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
32.
Said
title is further amended by striking Code Section 20-3-133, relating to certain
payments to local operating authorities, and inserting in its place a new Code
Section 20-3-133 to read as follows:
"20-3-133.
There
shall be paid to every local operating authority which shall have established a
junior college under this article, upon which construction had commenced prior
to January 1, 1964, and which is not operated as a unit of the university system
under the board of regents an amount which shall be determined on the basis of a
budget for each fiscal year, developed pursuant to a formula agreed upon by the
local operating authority,
the director
of the Senate Budget and Evaluation Office, the director of the House Budget
Office, and the director of the Office of
Planning and
Budget, and
the legislative budget analyst. Budgets
prepared pursuant to this authority shall be for expenses incurred by a junior
college for educational and general expenditures as set forth in the latest
edition of the publication entitled 'College and University Business
Administration.' Such formula shall include financial participation from the
local operating authority to include student matriculation fees and funds
derived from not less than a one-half nor more than a three-fourths mill tax
established by the local operating authority on the ad valorem tax digest of its
political subdivision. No state funds shall be appropriated for capital
construction. Expenditure under this article shall be audited annually by the
Department of Audits and
Accounts."
SECTION
33.
Title
28 of the Official Code of Georgia Annotated, relating to the General Assembly,
is amended by striking subsection (e) of Code Section 28-4-2, relating to powers
of the Legislative Services Committee, and inserting in its place a new
subsection (e) to read as follows:
"(e)
The committee shall contract with a licensed certified public accountant or
certified public accounting firm to conduct annually in accordance with accepted
accounting principles a financial audit of legislative funds and expenditures.
Such audit shall detail the expenditures of
the
following offices of the legislative branch: Lieutenant Governor, Secretary of
the Senate, Senate, Speaker of the House of Representatives, Clerk of the House
of Representatives, House of Representatives, Office of Legislative Counsel,
Office of Legislative Budget Analyst, and Office of Legislative Fiscal
Officer
each program
of the legislative branch as listed in the annual Appropriations
Act."
SECTION
34.
Said
title is further amended by striking Code Section 28-4-6, relating to the
legislative fiscal officer and legislative budget analyst, and inserting in its
place a new Code Section 28-4-6 to read as follows:
"28-4-6.
(a)
The Legislative Services Committee is authorized to employ a legislative fiscal
officer for the legislative branch of
government,
and the fiscal officer and personnel to assist him shall be a part of the
Office of Legislative Counsel. The fiscal
officer shall act as the bookkeeper-comptroller for the legislative branch of
government and shall maintain an account of legislative expenditures and
commitments.
He
Such fiscal
officer shall maintain an inventory of the
equipment, furnishings, and nonexpendable items belonging to the legislative
branch.
He
Such fiscal
officer shall prepare and sign vouchers
pertaining to the expenditure of legislative funds.
He
Such fiscal
officer shall prepare and sign all
warrants for the expenditure of funds appropriated to and available to the
legislative branch of government. Such warrants shall be paid by the fiscal
officer, and it shall not be necessary that they be countersigned by the
Comptroller General. All payments from funds appropriated to the legislative
branch of government shall be made by the fiscal officer, and reference in any
other law to any other official or person in connection with any duties
pertaining to such payments shall be deemed to refer to the fiscal officer; all
duties of any such other official or person in connection therewith are
transferred to the fiscal officer. The fiscal officer shall be under such bond
as the Legislative Services Committee shall prescribe, and the premium thereon
shall be paid from funds appropriated to the legislative branch of government.
The fiscal officer shall have such other duties as shall be prescribed by the
committee.
(a.1)(b)
The legislative fiscal officer is authorized on behalf of the legislative branch
to pay any properly authorized invoice which does not exceed $5,000.00. Any
invoice which exceeds $5,000.00 may not be paid by such fiscal officer without
prior approval from the committee. The committee may provide for such approval
to be given at meetings of the committee, or in writing between meetings by a
majority of the members of the committee, or in such other manner as the
committee may establish. All invoices shall contain in detail a description of
the work performed, materials used or purchased, and any other information
pertinent to the obligation. Before the fiscal officer may pay any invoice, a
requisition or purchase order covering such invoice and signed by the person or
persons authorized by the Legislative Services Committee to do so plus evidence
of delivery must have been submitted to the fiscal officer. A list of all
invoices which have been paid shall be submitted by the fiscal officer to the
committee on a monthly basis.
(b)
The Legislative Services Committee is authorized to employ a legislative budget
analyst to assist the General Assembly and its committees in connection with
appropriations and budgetary matters. The legislative budget analyst shall
render assistance and give advice to the appropriations committees of the Senate
and the House of Representatives. He is authorized to request information and
material from all state departments, boards, bureaus, commissions, committees,
authorities, and agencies in connection with his duties; and all such
departments, boards, bureaus, commissions, committees, authorities, and agencies
are directed to furnish such information and material as he shall request. The
legislative budget analyst shall perform such other duties as the General
Assembly, the Legislative Services Committee, and the appropriations committees
shall prescribe.
(c)
A majority vote of the total membership of the Legislative Services Committee
shall be necessary to employ the legislative fiscal officer
and the
legislative budget
analyst."
SECTION
35.
Said
title is further amended by striking Code Section 28-4-7, relating to control of
joint legislative offices, and inserting in its place a new Code Section 28-4-7
to read as follows:
"28-4-7.
The
Office of Legislative
Counsel,
and
the Office of Legislative Fiscal
Officer,
and the Office of Legislative Budget
Analyst shall be under the budgetary
control of the Legislative Services Committee. The committee shall provide
procedures for the employment of personnel to assist the legislative
counsel,
and
the legislative fiscal
officer,
and the legislative budget analyst; and
those
three
two
officials and such personnel shall be compensated under such procedure as the
committee shall provide. The
three
two
officials shall have supervision of personnel in their offices relative to the
duties of their employment. The committee shall provide office space for the
three
offices and furnish them with supplies, materials, furniture, furnishings,
books, equipment, and
services."
SECTION
36.
Said
title is further amended by inserting a new Code Section 28-5-6 to read as
follows:
"28-5-6.
(a)
The Senate is authorized to establish and provide for a Senate Budget
and
Evaluation Office. The House of
Representatives is authorized to establish and provide for a House Budget
Office.
(b)
The director of the Senate Budget and Evaluation Office is authorized to request
information and material from all state departments, boards, bureaus,
commissions, committees, authorities, and agencies in connection with his or her
duties; and all such departments, boards, bureaus, commissions, committees,
authorities, and agencies are directed to furnish such information and material
as the director shall request.
(c)
The director of the House Budget Office is authorized to request information and
material from all state departments, boards, bureaus, commissions, committees,
authorities, and agencies in connection with his or her duties; and all such
departments, boards, bureaus, commissions, committees, authorities, and agencies
are directed to furnish such information and material as the director shall
request."
SECTION
37.
Said
title is further amended by striking paragraph (1) of subsection (c) of Code
Section 28-5-42, relating to fiscal note requirements, and inserting in its
place a new paragraph (1) to read as follows:
"(c)(1)
In the event a bill having a significant impact as described in paragraph (1) of
subsection (a) of this Code section is introduced not later than the twentieth
day of any session, the chairperson of the committee to which such bill is
referred shall request the director of the Office of Planning and Budget and the
state auditor to submit any such fiscal note as to the fiscal effect of any such
bill and to file a copy of such fiscal note with the
legislative
budget analyst
Senate Budget
and Evaluation Office and the House Budget
Office. The chairperson shall make such
request after the bill is referred to the
committee."
SECTION
38.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by striking subsection (a) of Code Section
35-2-41.1, relating to donation or conveyance of property, equipment, or
services to the Department of Public Safety, and inserting in its place a new
subsection (a) to read as follows:
"(a)
Any offer to donate or convey by deed, gift, rent, lease, or other means any
property, equipment, or services to the department shall be made in writing
through command channels to the commissioner. If the commissioner approves the
offer, he or
she shall submit a written proposal of the
offer to the board for its approval. A copy of the formal proposal shall be
forwarded by the commissioner to the Office of Planning and Budget
and the
legislative budget analyst,
either, the
Senate Budget and Evaluation Office, and the House Budget Office,
any of which may comment on the
proposal."
SECTION
39.
Title
45 of the Official Code of Georgia Annotated, relating to public officers, is
amended by striking subsection (b) of Code Section 45-12-85, relating to
periodic work programs, and inserting in its place a new subsection (b) to read
as follows:
"(b)
The Governor through the Office of Planning and Budget shall seek to effect
economy, efficiency, decentralization of state government, and sound fiscal
management in reviewing budget allotment requests and may make such changes to
the budget allotment requests to meet these goals and objectives and which are
consistent with and subject to the method and provisions contained in the
General Appropriations Act. Upon determination that the requested budget
allotment conforms with the approved work program and meets the above-mentioned
goals and objectives, the Governor shall execute his or her warrant on the
treasury for the funds included in the approved budget allotment.
Notwithstanding any authorization for expenditure included in an appropriations
Act, all appropriations in excess of the approved budget allotments for the
budget year, as determined by the Office of Planning and Budget, shall cease to
be an obligation of the state. The Office of Planning and Budget shall notify
the House
Budget Office
of
Legislative Budget Analyst and the
Budgetary
Responsibility Oversight Committee
Senate Budget
and Evaluation Office of any such action
with appropriate supporting
information."
SECTION
40.
Said
title is further amended by striking subsection (d) of Code Section 45-12-95,
relating to certain duties of the Office of Planning and Budget, and inserting
in its place a new subsection (d) to read as follows:
"(d)
The Office of Planning and Budget must review and approve all proposed
cost-saving initiatives prior to their implementation for the implementing
agency to be eligible for receipt of financial incentives. However, as part of
this review, the Office of Planning and Budget must consult with a cross section
of agencies and the
Office of
Legislative Budget Analyst
House Budget
Office and the Senate Budget and Evaluation
Office."
SECTION
41.
Said
title is further amended by striking Code Section 45-12-110, relating to federal
assistance requirements, and inserting in its place a new Code Section 45-12-110
to read as follows:
"45-12-110.
(a)
Any state department, board, bureau, commission, authority, or other state
agency, except the Board of Regents of the University System of Georgia and its
employees, intending to apply for any new program of federal assistance under
any federal program shall notify the
legislative
budget analyst
House Budget
Office, the Senate Budget and Evaluation
Office, and the director of the Office of
Planning and Budget of its intention to apply for such federal assistance at
least 30 days prior to filing the application for such assistance. Such
notification shall include a summary description of the proposed federal
assistance project, the amount of federal funds to be requested, the amount of
state matching funds, if any, to be required in connection with obtaining
federal assistance, and the period of time to be covered by the proposed federal
assistance project.
(b)
The
legislative
budget analyst
House Budget
Office, the Senate Budget and Evaluation
Office, and the director of the Office of
Planning and Budget, acting jointly or independently, are authorized and
directed to devise and distribute such forms as may be necessary to carry out
subsection (a) of this Code section and, in connection therewith, to adopt and
promulgate such rules and regulations as may be necessary to ensure compliance
with said
subsection."
SECTION
42.
Said
title is further amended by striking paragraph (25) of subsection (c) of Code
Section 45-13-22, relating to distribution of Georgia Laws and House and Senate
journals, and inserting in its place new paragraphs (25) and (25.1) to read as
follows:
"(25)
Legislative
budget analyst
House Budget
Office — one set;
(25.1)
Senate Budget and Evaluation Office — one
set;"
SECTION
43.
Said
title is further amended by striking Code Section 45-20-7, relating to
legislative branch employees, and inserting in its place a new Code Section
45-20-7 to read as follows:
"45-20-7.
Any
other provision of this article to the contrary notwithstanding, an employee of
the legislative branch of government may become a covered employee in the manner
provided for in this Code section. As relates to employees in the office of the
Lieutenant Governor, the Lieutenant Governor shall act. As related to employees
of the Senate, its officers, and its committees, the
Lieutenant
Governor
President Pro
Tempore shall act. As relates to employees
in the office of the Speaker of the House of Representatives and employees of
the House, its officers, and its committees, the Speaker of the House shall act.
As relates to employees in the office of the Secretary of the Senate, the
Secretary of the Senate shall act. As relates to employees in the office of the
Clerk of the House of Representatives, the Clerk of the House shall act. As
relates to employees in the Office of Legislative Counsel, the legislative
counsel shall act.
As relates
to employees in the Office of the Legislative Budget Analyst, the legislative
budget analyst shall act. As relates to
employees in the Office of Legislative Fiscal Officer, the legislative fiscal
officer shall act. The above officers or officials shall notify the state merit
system in writing of the positions or employees which are to become covered
under this article and the effective date thereof. On that date, this article,
as it relates to such covered employees, shall
apply."
SECTION
44.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by striking paragraph (5) of subsection (e) of Code Section 50-5A-11,
relating to certain nonpublic records, and inserting in its place a new
paragraph (5) to read as follows:
"(5)
Given to the Governor, the Attorney General and the Department of Law, the
Office of Planning and Budget, officers of the General Assembly, the
legislative
budget offices,
House Budget
Office, the Senate Budget and Evaluation
Office, the state accounting officer and
the State Accounting Office, the state auditor and the Department of Audits and
Accounts, or the State Depository Board for use and public disclosure in the
ordinary performance of those
officerś
and
officeś
duties."
SECTION
45.
Said
title is further amended by striking Code Section 50-25-7.1, relating to the
technology empowerment fund to be administered by the Georgia Technology
Authority, and inserting in its place a new Code Section 50-25-7.1 to read as
follows:
"50-25-7.1.
(a)
The authority is authorized and directed to establish a technology empowerment
fund to be administered by the authority. The fund shall consist of such moneys
appropriated or otherwise available to the authority as the board may determine
from time to time to deposit therein. Subject to the appropriations process, the
decision-making and priority-setting responsibilities for allocating these funds
are vested in the chief information officer and the director of the Office of
Planning and Budget.
(b)
The chief information officer is authorized to identify and select individual
projects, initiatives, and systems to improve service delivery to be funded
through the technology empowerment fund. Such projects shall demonstrate, to the
satisfaction of the chief information officer, reduced costs through the use of
technology. In identification and selection of such projects, initiatives, and
systems, the chief information officer shall give priority to those which
provide demonstrable cost savings and improved service delivery on a recurring
basis through the employment of technology and training. Eligible projects,
initiatives, and systems to receive disbursements from the technology
empowerment fund may be selected from agency budget requests. Quarterly reports
of the operations of the technology empowerment fund shall be required to be
made to the board, the Office of Planning and Budget, and the
Legislative
Senate Budget
and Evaluation Office, and the House
Budget Office to ensure proper oversight and accountability.
(c)
Each project or initiative developed and supported from the technology
empowerment fund shall employ technology that is compatible with the
architecture and standards established by the authority and shall be accounted
for by a discrete account established for the individual project or initiative
item in the operating budget and capital budget.
(d)
A steering committee composed of the chairperson of the House Appropriations
Committee or his or her designee from among the membership of the committee, the
chairperson of the Senate Appropriations Committee or his or her designee from
among the membership of the committee, the director of the Office of Planning
and Budget,
the
legislative budget analyst
the Senate and
Evaluation Budget Office, the House Budget
Office, the state auditor, and a
representative from the
Governoŕs
office shall advise and consult with the chief information officer regarding
initiatives to receive funding from the technology empowerment fund and shall
receive quarterly reports from the chief information officer as to the status of
funded
projects."
SECTION
46.
Said
title is further amended in Code Section 50-34-17, relating to the OneGeorgia
Authority Overview Committee, by striking subsection (a) and inserting in its
place a new subsection (a) to read as follows:
"(a)
There is established the OneGeorgia Authority Overview Committee to be composed
of one member of the House of Representatives to be appointed by the Speaker of
the House of Representatives, one member of the Senate to be appointed by the
President of the Senate,
the director
of the Senate Budget and Evaluation Office or his or her designee, the director
of the House Budget Office or his or her designee,
and two members of the General Assembly to
be appointed by the
Governor,
and the director of the Legislative Budget
Office. The legislative members shall
serve for terms as members of the committee concurrent with their terms of
office as members of the General Assembly. The first members of the committee
shall be appointed by not later than July 1, 2000. Thereafter, their successors
shall be appointed during the first 30 days of each regular legislative session
which is held immediately following the election of members of the General
Assembly."
PART
IV
SECTION 47.
SECTION 47.
Title
28 of the Official Code of Georgia Annotated, relating to the General Assembly,
is amended by repealing in its entirety Code Section 28-5-5, relating to the
Budgetary Responsibility Oversight Committee, which reads as
follows:
"28-5-5.
(a)
There is created the Budgetary Responsibility Oversight Committee which shall be
composed of six members of the House of Representatives appointed by the Speaker
of the House of Representatives and six members of the Senate appointed by the
President of the Senate. 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 President of the Senate shall appoint
members of the committee to serve as vice chairperson and secretary during each
even-numbered year. The President of the Senate shall appoint a member of the
committee to serve as chairperson and the Speaker of the House of
Representatives shall appoint members to serve as vice chairperson and secretary
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.
(c)
It shall be the duty of such committee to consult with the Governor and the
Office of Planning and Budget concerning the development and implementation of
the strategic planning process, the development of outcome measures for program
evaluation, and the implementation of related actions.
(d)
It shall be the duty of such committee to review and evaluate the
following:
(1)
Information on new programs submitted in accordance with Code Section
45-12-88;
(2)
The continuation budget report submitted in accordance with Code Section
45-12-75.1;
(3)
The strategic plans for the state and individual departments submitted by the
Office of Planning and Budget;
(4)
Program evaluation reports submitted in accordance with Code Section
45-12-178;
(5)
Information or reports to be submitted by the Office of Planning and Budget
identifying moneys received and purposes for which moneys are expended in any
case in which the receipt or expenditure is not contemplated by an
appropriations Act; and
(6)
Such other information or reports as deemed necessary by such
committee.
(e)
The Office of Planning and Budget and the head of each budget unit shall
cooperate with such committee and provide such information or reports as
requested by the committee for the performance of its functions.
(f)
The committee shall make an annual report of its activities and findings to the
membership of the General Assembly and the Governor within one week of the
convening of each regular session of the General Assembly. The chairperson of
the committee shall prepare written executive summaries of such report prior to
the adoption of the General Appropriations Act each year. The committee shall
not be required to distribute copies of the annual report or the executive
summaries to the members of the General Assembly but shall notify the members of
the availability of the materials in the manner which it deems to be most
effective and efficient.
(g)
The members of the committee shall receive the allowances authorized for
legislative members of legislative committees. The funds necessary to pay such
allowances shall come from funds appropriated to the House of Representatives
and the Senate.
(h)
The committee shall be authorized to request that a performance audit be
conducted for any department which the committee deems necessary."
SECTION
48.
Title
45 of the Official Code of Georgia Annotated, relating to public officers, is
amended by repealing in its entirety Code Section 45-12-75.1, relating to the
annual continuation budget report, which reads as follows:
"45-12-75.1.
(a)
On or before October 1 of 1994 and each year thereafter, the Governor, through
the Office of Planning and Budget, shall prepare and submit to the Budgetary
Responsibility Oversight Committee a continuation budget report. On or before
May 1 of 1994 and every year thereafter, the Governor, through the Office of
Planning and Budget, shall consult and coordinate with the chairperson of the
Budgetary Responsibility Oversight Committee to develop a list of agencies and
programs in agencies which will be included in the continuation budget report
for the year. Each state department shall be included in the continuation budget
report not less than once every five years. The continuation budget report shall
contain a detailed analysis of the funds necessary to provide services in the
current fiscal year for each state agency and program examined. Such report
shall address all programs and shall include a description of the purposes and
accomplishments of the programs.
(b)
The committee shall consider the budget report prepared pursuant to this Code
section in conjunction with the audit report prepared pursuant to paragraph (4)
of Code Section 50-6-24.
(c)
The committee shall prepare a list of all programs included in the continuation
budget report for each department examined as well as actions recommended, if
any, by the committee. Within one week of the convening of each regular session
of the General Assembly, the committee shall notify the members of the
availability of the list in the manner which it deems to be most effective and
efficient.
(d)
It is the intent of this Code section to examine all state departments not less
than once every five years."
SECTION
49.
Said
title is further amended by striking Code Section 45-12-88, relating to
information required to be furnished to the Budgetary Responsibility Oversight
Committee, and inserting in its place a new Code Section 45-12-88 to read as
follows:
"45-12-88.
When
any budget unit has plans to institute any new program, it shall be the duty of
the head of such unit to furnish to the Budgetary Responsibility Oversight
Committee, on September 1 prior to the convening date of the session at which
appropriations to finance such program are to be sought, a description of the
program, the reason for seeking to institute such program, the operating
procedure of such program, the manner in which it conforms to the
organizatiońs
strategic plan as well as the state strategic plan, the extent to which the
facilities and staff to implement or provide the program will be decentralized,
and any other information which would be helpful to the members of the committee
in determining whether or not to appropriate funds therefor. The members shall
also be furnished with the projected cost to implement the program
fully.
Reserved."
SECTION
50.
Said
title is further amended by striking subsection (b) of Code Section 45-12-175,
relating to preparation of long-range development plans, and inserting in its
place a new subsection (b) to read as follows:
"(b)
The Office of Planning and Budget shall cause to be prepared and coordinate the
development of strategic plans by departments, boards, bureaus, commissions,
institutions, authorities, and other agencies to ensure that the state-wide
directions are met. The Office of Planning and Budget shall:
(1)
Ensure that the focus of the various plans do not conflict with the general
state goals;
(2)
Offer assistance to the various departments, boards, bureaus, commissions,
institutions, authorities, and other agencies of state government in the design
and execution of their programs and be the coordinating agency for the separate
department or agency proposals;
and
(3)
Phase in implementation by the various departments, boards, bureaus,
commissions, institutions, authorities, and other agencies of state government.
By
September 1 of 1993 and each year thereafter until all departments, boards,
bureaus, commissions, institutions, authorities, and other agencies have
initiated strategic planning, the Office of Planning and Budget shall notify the
Budgetary Responsibility Oversight Committee as to which departments, boards,
bureaus, commissions, institutions, authorities, and other agencies will
initiate strategic planning in the coming year; and
(4)
Present such strategic plans, in cooperation with the affected department,
board, bureau, commission, institution, authority, or other agency, to the
Budgetary Responsibility Oversight
Committee."
SECTION
51.
Said
title is further amended by repealing in its entirety Code Section 45-12-178,
relating to certain review of state programs and functions, which reads as
follows:
"45-12-178.
(a)
It is the intent of the Governor and the General Assembly that
taxpayerś
money be spent in the most effective and efficient manner possible in order to
obtain the maximum benefit from such expenditures. In furtherance of this
objective, the Governor, through the Office of Planning and Budget, shall assist
the General Assembly in establishing an ongoing review and evaluation of all
programs and functions in state government.
(b)
The chairperson of the Budgetary Responsibility Oversight Committee shall
maintain a list of those programs for which the committee is requesting
evaluations. The chairperson shall provide the list, and any subsequent
revisions to the list, to the director of the
Governoŕs
Office of Planning and Budget and to the state auditor.
(c)
The Office of Planning and Budget, the Department of Audits and Accounts, and
the Research Office of the Budgetary Responsibility Oversight Committee shall
undertake and complete evaluations on as many of those requested programs as
resources will permit. The Office of Legislative Budget Analyst, the Board of
Regents of the University System of Georgia, and all other state agencies are
authorized and directed to provide assistance to the Office of Planning and
Budget, the Department of Audits and Accounts, and the Research Office of the
Budgetary Responsibility Oversight Committee, as requested, in the performance
of these evaluations. The Office of Planning and Budget, the Department of
Audits and Accounts, and the Research Office of the Budgetary Responsibility
Oversight Committee are also authorized to contract with private contractors to
perform, or assist in the performance of, these evaluations.
(d)
The Office of Planning and Budget, the Department of Audits and Accounts, and
the Research Office of the Budgetary Responsibility Oversight Committee shall
report to the Budgetary Responsibility Oversight Committee on the results of
program evaluations as such evaluations are completed. Such reports shall
include:
(1)
Appropriate background information on the affected program, including how and
why it was initiated, its functions, what group it serves, how it is organized
structurally and geographically, what are its staff size and composition, and
what is its workload;
(2)
Financial information including the source and amounts of funding and unit
costs, where applicable;
(3)
A description of the
prograḿs
mission, goals, and objectives and an assessment of the extent to which the
program has performed in comparison;
(4)
Comparisons with other applicable public and private entities as to their
experiences, service levels, costs, and staff resources required;
(5)
Recommendations concerning the program, including whether it should be continued
as it is currently operated, continued with identified steps to remediate
deficiencies or institute improvements, or discontinued. Consideration should
also be given to possible privatization or consolidation with other similar
programs;
(6)
Information describing the locations at which the program is operated and
administered and the extent to which the operation and administration could be
decentralized; and
(7)
Such other information as is identified as appropriate.
(e)
It is the intent of the General Assembly that all programs be evaluated at least
every ten years.
(f)
Department heads shall respond, in writing, within 90 days of the receipt of the
report to recommendations and findings by the Office of Planning and Budget or
the Department of Audits and Accounts setting forth in detail the action to be
taken by said department to address the recommendations and findings. Said
written response shall be made to the Office of Planning and Budget, the
Department of Audits and Accounts, and the Budgetary Responsibility Oversight
Committee.
(g)
The Research Office of the Budgetary Responsibility Oversight Committee shall
verify with state departments the implementation of the
departmentś
plans set forth in their 90 day responses as submitted in accordance with
subsection (f) of this Code section. The Research Office shall inform the
Budgetary Responsibility Oversight Committee about each
department́s
progress at reasonable intervals."
PART
V
SECTION 52.
SECTION 52.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
53.
All
laws and parts of laws in conflict with this Act are repealed.