08 LC 28 4014S
(SCS)
Senate
Bill 344
By:
Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of
the 8th, Chance of the 16th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia
Annotated, relating to agriculture, commerce and trade, conservation and natural
resources, education, public utilities and public transportation, and state
government, respectively, so as to repeal and abolish certain boards and
commissions that have become inactive, obsolete, antiquated, or unnecessary; 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:
SECTION
1.
Title
2 of the Official Code of Georgia Annotated, relating to agriculture, is amended
by revising Code Section 2-15-3, relating to the Pacific White Shrimp
Aquaculture Development Advisory Council, as follows:
"2-15-3.
(a)
There is created the Pacific White Shrimp Aquaculture Development Advisory
Council. The council shall be composed of 15 members as follows:
(1)
One member representing agriculture at large to be appointed by mutual agreement
of the chairpersons of the House and Senate Committees on Agriculture and
Consumer Affairs;
(2)
The dean of the College of Agriculture, Home Economics, and Allied Programs of
Fort Valley State University or his or her representative;
(3)
The chairperson of the Committee on Agriculture and Consumer Affairs of the
House of Representatives or his or her representative;
(4)
The chairperson of the Committee on Agriculture and Consumer Affairs of the
Senate or his or her representative;
(5)
The Commissioner or his or her representative;
(6)
The commissioner of natural resources or his or her representative;
(7)
The commissioner of economic development or his or her representative;
and
(8)
Eight members to be appointed as provided by this paragraph. The President of
the Senate and the Speaker of the House of Representatives each shall appoint
four members as follows:
(A)
Two members shall be representatives of the pacific white shrimp aquaculture
industry;
(B)
One member shall be a representative of the aquaculture supply and equipment
industry; and
(C)
One member shall be a representative of a private industry which is doing
research in the promotion of pacific white shrimp aquaculture.
Each
of the nine appointed members shall be appointed for a term of two years and
until a successor is appointed and assumes membership on the council. The terms
of the first such appointed members shall begin on the effective date of this
chapter.
(b)
The purpose of the council shall be to inform and advise the department and the
Department of Natural Resources regarding important developments in aquaculture
of pacific white shrimp.
(c)
The members of the council shall enter upon their duties without further act or
formality. The council may make such bylaws for its government as it deems
necessary but is under no duty to do so. The council may appoint working
subcommittees based on identified needs. These subcommittees may consist of
noncouncil members who exhibit an interest in the development of the pacific
white shrimp aquaculture industry of Georgia.
(d)
Eight members of the council shall constitute a quorum necessary for the
transaction of business, and a majority vote of those present at any meeting at
which there is a quorum shall be sufficient to do and perform any action
permitted the council by this chapter. No vacancy on the council shall impair
the right of a quorum to transact any and all business of the
council.
(e)
The members shall not receive compensation for their services on the council but
those members who are public officials or employees shall be reimbursed from the
funds of their employing department, agency, or branch of government for per
diem, travel, and other expenses in the same manner and amount as they otherwise
receive for performing services for their respective departments, agencies, or
branches of government.
(f)
The council shall meet upon the call of its chairperson, who shall be elected by
the members of the council. The chairpersons of the Committees on Agriculture
and Consumer Affairs of the House of Representatives and the Senate shall serve
as cochairpersons of the council until such time as a chairperson of the council
is elected by the members.
(g)
The council is authorized to conduct meetings at such places and at such times
as it considers expedient and to do all other things consistent with this
chapter which are necessary or convenient to enable it to exercise its powers,
perform its duties, and accomplish the objectives and purposes of this
chapter
Reserved."
SECTION
2.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by revising Code Section 10-4-110, relating to the Georgia Tobacco
Advisory Board, as follows:
"10-4-110.
To
aid in the administration of this part, there is created an advisory board to be
known as the Georgia Tobacco Advisory Board and to be composed of 12 members.
Three members are to be members of the House of Representatives to be appointed
by the Speaker of the House, and two members are to be members of the Senate to
be appointed by the President of the Senate. The members of the General
Assembly shall be appointed from those members who are tobacco producers or, in
the absence of such producers in the General Assembly, such members may be
appointed from the members of the General Assembly who represent the flue-cured
leaf tobacco producing counties and districts of this state. One member shall
be the Commissioner of Agriculture, ex officio, or his representative, who shall
be chairman of the board. One member shall be the president of the Georgia Farm
Bureau Federation, or his representative. One member shall be a member of the
Georgia Flue-Cured Tobacco Warehousemen´s Association to be appointed by
the president of that association. Four members shall be flue-cured leaf
tobacco farmers to be appointed by the Commissioner of Agriculture. The
Commissioner in selecting the four tobacco farmer members shall strive to give
the board geographical balance so that all flue-cured leaf tobacco producing
areas of the state will be represented on the board. All members of the board
shall be bona fide residents of the State of Georgia. The appointive members
shall serve at the pleasure of the appointing officer. The members of the
General Assembly shall receive the per diem and expense allowance provided for
committee work of the General Assembly, and such sums shall be paid from the
funds appropriated for the operation of the General Assembly. The other
appointive members of the board shall be compensated in the amount of $15.00 per
day for each day in attendance of the duties of the board and shall be
reimbursed for the necessary expenses incurred in the performance of their
duties from the funds of the Department of Agriculture. The Commissioner shall
be reimbursed for his expenses incurred in the performance of his duties. The
members of the board shall not receive the per diem provided in this Code
section for more than seven days per year
Reserved."
SECTION
3.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by repealing and reserving Part 4 of Article 7 of
Chapter 3, relating to the Kinchafoonee Lake Authority.
SECTION
4.
Said
title is further amended by repealing Article 12 of Chapter 3, relating to the
Power Alley Development Authority.
SECTION
5.
Said
title is further amended by revising Code Section 12-5-23.3, relating to the
State Waste-water Privatization Oversight Committee, as follows:
"12-5-23.3.
(a)
For purposes of this Code section only, the term:
(1)
'LAS permit' means Land Application System permit.
(2)
'NPDES permit' means National Pollutant Discharge Elimination System
permit.
(3)
'Waste-water treatment facilities' means all publicly owned facilities with
average monthly flow limits of 20 million gallons per day or more that have been
issued NPDES permits or LAS permits.
(b)
The director shall provide written notice to owners of all waste-water treatment
facilities that the privatization requirements specified in subsection (c) of
this Code section are in effect if the owner of such facility has violated its
NPDES or LAS permit, or any interim conditions established by a federal court
order, as follows:
(1)
A violation of the facility´s monthly effluent limitation specified in the
NPDES permit or conditions of a federal court order for biochemical oxygen
demand, total suspended solids, ammonia, or phosphorus for any eight months
during any continuous 12 month period starting on or after January 1,
1999;
(2)
A violation of the facility´s monthly effluent limitation specified in the
NPDES permit or conditions of a federal court order for biochemical oxygen
demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or
greater for any four months during any continuous 12 month period, starting on
or after January 1, 1999; or
(3)
Three major treatment facility bypasses during any continuous 12 month period
starting on or after January 1, 1999. For purposes of this paragraph, the term
'major treatment facility bypass' shall mean any diversion of waste water from
or bypassing of waste water around the treatment facility, excluding sewer
system overflows; provided, however, that this shall not include any bypass
which is authorized by any NPDES or LAS permit or any bypass which is necessary
to prevent loss of life, bodily injury, or severe property damage.
(c)
Within 12 months of receipt of written notification from the director in
accordance with subsection (b) of this Code section, the owner shall enter into
a binding contract with a private contractor for the operation and maintenance
of the waste-water facility as follows:
(1)
The contractor shall be selected, and the contract shall be awarded, through
competitive
bidding,
as
follows:
(A)
In
in
accordance with the public procurement processes and procedures then in effect
for the public owner or, at the option of the owner, through competitive bidding
by the Department of Administrative Services in accordance with and as permitted
by Part 2 of Article 3 of Chapter 5 of Title
50;
and
(B)
As may otherwise be specified by the State Waste-water Privatization Oversight
Committee upon its review of the privatization plan and other submittals from
the owner in accordance with paragraph (2) of subsection (d) of this Code
section;
(2)
The scope of the contract shall include the operation and maintenance of the
entire facility and sewer collection system, including combined sewer overflow
treatment facilities, by the selected contractor;
(3)
Notwithstanding any provisions of law to the contrary, the term of the contract
shall be not less than ten years nor more than 50 years; and
(4)
The contract shall meet all applicable state and local laws, rules, and
regulations pertinent to the awarding, drafting, enforcement, and administration
of such contract and shall contain such other contractual provisions as may be
reasonably necessary for the effective enforcement and administration of the
contract.
(d)
There is created a State Waste-water Privatization Oversight Committee,
hereinafter the 'committee,' consisting of the commissioner of natural
resources, the commissioner of administrative services, and one appointee each
by the Governor, Lieutenant Governor, and Speaker of the House of
Representatives. Within 30 days of its creation, the committee shall meet and
adopt procedures for the accomplishment of its purposes under this Code section.
The committee is authorized to utilize the facilities and personnel of the
department for such purposes. During any privatization process, the owner shall
be required to make submittals to the committee in accordance with the following
milestones:
(1)
A privatization plan, consistent with the standards of subsection (c) of this
Code section, shall be submitted to the committee within three months of the
owner´s receipt of the director´s written notification. The committee
shall review the privatization plan and either concur with the plan or provide
comments to the owner. The owner must modify the privatization plan in
accordance with any comments provided by the committee and meet any milestone
time frame established by the committee to achieve plan
concurrence;
(2)
A proposed contract and related bid documents, consistent with the standards of
subsection (c) of this Code section, shall be submitted to the committee within
six months of the owner´s receipt of the director´s written
notification. The owner must modify the proposed contract and related bid
documents in accordance with any comments provided by the committee. The owner
must receive the concurrence of the committee prior to commencement of the
competitive bidding process;
(3)
Written notification of issuance of bid documents to prospective contractors and
commencement of the competitive bidding process, consistent with the standards
of subsection (c) of this Code section, shall be provided to the committee
within nine months of the owner´s receipt of the director´s
notification;
(4)
Copies of all proposals received in response to the bid documents, and copies of
draft contracts and correspondence related thereto exchanged between the owner
and any prospective contractor, and copies of any additional documents from the
owner or any prospective contractor that the committee deems necessary or
advisable to review in order to accomplish its duties under this subsection;
and
(5)
A copy of the fully executed contract, consistent with the standards of
subsection (c) of this Code section, shall be provided to the committee within
12 months of the owner´s receipt of the director´s notification. In
the event of an impasse in negotiations between the owner and the private
contractor on one or more terms of the proposed contract, the committee shall be
authorized to mediate any such impasse upon agreement of the parties to the
proposed contract. In the event of any such impasse in negotiations, the
committee shall extend the time for the submission of a fully executed contract
for a reasonable period, as long as the owner is negotiating with a private
contractor in good faith and an application for extension of time is received by
the committee no later than 30 days before the expiration of the time period in
which a fully executed contract must be provided to the committee.
(e)
Penalties for failure to comply with this Code section shall be assessed as
follows:
(1)
If an owner fails to meet any milestone set forth in paragraph (1), (2), or (3)
of subsection (d) of this Code section, the owner shall pay a civil penalty in
the amount of $50,000.00 per day to the division until that milestone is met. A
separate penalty shall be assessed for each milestone that is not met;
and
(2)
If an owner fails to meet the milestone set forth in paragraph (5) of subsection
(d) of this Code section, the owner shall pay a civil penalty in the amount of
$100,000.00 per day to the division until that milestone is met, unless an
extension of time is granted by the committee in accordance with the provisions
of paragraph (5) of subsection (d) of this Code section.
(f)
Notwithstanding the provisions of subsection (e) of this Code section, if the
committee determines that an owner´s failure to meet a particular milestone
was outside the control of the owner, the committee may, in its sole discretion,
extend the time for meeting the respective milestone for a period of up to 180
days and waive any penalty that might otherwise accrue pursuant to subsection
(e) of this Code section during the extended milestone period; provided,
however, in the event any milestone is not met within any extended time frame
for meeting the milestone, penalties shall be assessed as provided in subsection
(e) of this Code section.
(g)
The committee shall, by rules adopted pursuant to the provisions of Title 50,
establish criteria for evaluation of the eligibility of any contractors bidding
on privatizations consistent with subsection (c) of this Code section, and such
criteria shall include, but not be limited to, a review of such
contractors´ previous performance on projects of comparable magnitude, the
environmental compliance record of such contractors, and any civil or criminal
penalties incurred by such contractors during the five years immediately
preceding the execution of the contract. Such criteria shall provide a basis
for determining the eligibility of any contractor. All information required by
the committee pursuant to this subsection shall be provided by the contractor
under oath."
SECTION
6.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-2-301, relating to the Coordinating Committee for
Exceptional Individuals, as follows:
"20-2-301.
The
State Board of Education shall be empowered to form the Coordinating Committee
for Exceptional Individuals which shall consist of a representative of the
Governor´s office, no fewer than three representatives of the Department of
Education, no fewer than three representatives of the Department of Human
Resources, and no fewer than three representatives of the Department of
Corrections. At least one of each department´s representatives shall be
from the upper levels of management, and all representatives shall be designated
by their respective department heads. The committee shall be provided a
full-time staff of one professional staff member from the Department of
Education and one professional staff member from the Department of Human
Resources. The committee shall report annually to the Governor and the General
Assembly concerning issues addressed and the progress which results. The issues
which shall be addressed by the committee shall include, but shall not be
limited to, clear delineation of responsibility regarding services to disabled
individuals, clear delineation of referral and coordination processes, and
resolution of how such understandings shall apply in specific instances,
particularly when such resolution involves a conflict at the institutional and
local unit of administration level
Reserved."
SECTION
7.
Said
title is further amended by revising subsection (a) of Code Section 20-2-320,
relating to the Education Information Steering Committee and identification of
data to implement Quality Basic Education Program, as follows:
"(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, 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
There shall
be 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
system
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
the
system. The state-wide comprehensive educational information system shall not
use a student´s social security number or an employee´s 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."
SECTION
8.
Said
title is further amended by revising Code Section 20-3-84, relating to the
Center for Trade and Technology Transfer, as follows:
"20-3-84.
(a)
There is created the Center for Trade and Technology Transfer, which shall
function as an economic assistance, information, and technical resource service
center. There is also created the Board of Directors of the Center for Trade
and Technology Transfer which shall be composed of 11 members to be appointed as
follows: (1) two members to be appointed by the chancellor of the University
System of Georgia; (2) two members to be appointed by the Speaker of the House
of Representatives; (3) two members to be appointed by the President of the
Senate; (4) three members to be appointed by the Governor; and (5) two members
appointed by the commissioner of economic development. The members of the board
of directors shall serve for terms of two years and until their respective
successors are appointed and qualified. No member may serve more than two terms
as a member of the board of directors. The first members of the board of
directors shall be appointed not later than July 1, 1999, and the initial terms
shall begin on such date. In order to be eligible for appointment as a member,
a person must have a proven interest in the advancement of economic and
community development, an interest in the development of trade with emerging
nations, and an interest in the purposes for which the center was created.
Members of the board of directors shall not be entitled to compensation for the
duties they perform as members of the board of directors. Each member shall,
however, be entitled to the same pay for per diem and expenses as are members of
the Georgia General Assembly.
(b)
The board of directors shall elect from among the members thereof a chairperson,
a vice chairperson, and such other officers as the board shall deem appropriate.
The chairperson, or the vice chairperson in the absence of the chairperson,
shall call and preside at meetings of the board. A majority of the total
membership of the board shall constitute a quorum for the transaction of
business. Meetings of the board shall be held at such locations as the
chairperson shall determine.
(c)
The board of directors shall assist and advise the Center for Trade and
Technology Transfer in the performance of its functions and the accomplishment
of its purposes. The board shall seek ways to enhance the development of
communities throughout the state and the world, to improve trade between this
state and emerging nations, and to increase the transfer and beneficial uses and
implementation of technology.
(d)
The board of directors shall report annually its findings and recommendations to
the Governor and the General Assembly.
(e)
The Center for Trade and Technology Transfer shall be attached to the University
System of Georgia for administrative purposes
only
Reserved."
SECTION
9.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended by revising Code Section 46-4-160.4, relating
to the Natural Gas Consumer Education Advisory Board, as follows:
"46-4-160.4.
(a)
There is created the Natural Gas Consumer Education Advisory Board, whose duty
it shall be to advise and make recommendations to the director of the
consumers´ utility counsel division of the Governor´s Office of
Consumer Affairs. The board shall consist of five members who shall be
appointed by the Governor and shall include at least one representative for each
of the following: marketers, natural gas consumers, and electing distribution
companies. There shall be one member appointed from each commission electoral
district. Board members shall serve at the pleasure of the
Governor.
(b)
The board shall elect its chairperson and shall convene upon the call of the
administrator at a time and place specified in writing by the administrator.
Each member of the board shall serve without pay but shall receive standard
state per diem for expenses and receive standard travel allowance while
attending meetings and while in the discharge of his or her
responsibilities.
(c)
The board shall assist the director in an advisory capacity only in carrying out
the duties and functions of such official concerning policy matters relating to
the development and implementation of state-wide education programs for natural
gas consumers or consumers of any other utility that may be deregulated in the
future
Reserved."
SECTION
10.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by repealing Article 5 of Chapter 5, relating to communication
services.
SECTION
11.
Said
title is further amended by repealing and reserving Chapter 30, relating to
Georgia Institute for Community Business Development.
SECTION
12.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.