Executive Reorganization Act of 1972 : Act no. 1489 (Senate bill no. 499) and Act no. 1490 (House bill no. 1424)

EXECUTIVE REORGANIZATION ACT .OF 1972
Act No. 1489 (Senate Bill No; 499) and
Act No. 1490 (House Bill No. 1424)
1972 SESSION OF THE GENERAL ASSEMBLY

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An Act to provide for the reorganization of functions with-

in the Executive Branch of State Government; to define

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certain terms ; to provide for the structure of the Executive Branch of State Government; to provide the pro-

cedure relative to the assignment of an agency to a de-

partment for administrative purposes only in the "Execu..

tive Reorganization Plan of 1972"; to provide for the

creation of an Electronic Data Processing Printing Com-

mittee; to provide for the membership of said committee;

to provide for the powers and duties of said committee;

to provide for meetings; to provide for the authority to

transfer certain printing, duplication, reproduction and

copying functions of State agencies to the Department

of Administrative Services; to provide for the authority

to transfer certain data processing activities to the De-

partment of Administrative Services; to provide for

exemptions from such transfers; to provide for the con-

tinuance of the Employees' Retirement System of Geor-

gia as an independent entity; to provide for the con-

tinuance of the Board of Trustees of the Employees' Re-

tirement System of Georgia; to provide for continuance

of the office of Director of the Employees' Retirement of

Georgia as a classified position; to provide for continu-

ance of the Teachers Retirement System of Georgia as

an independent entity; to provide for continuance of the

Board of Trustees of the Teachers Retirement System of

Georgia; to provide for continuance of the office of Direc-

tor of the Teachers Retirement System of Georgia as a

position in the classified service; to provide for continu-

ance of the State Personnel Board and the Merit System

of Personnel Administration as an independent entity;

to provide .for continuance of the office of Merit System

Director as a position in the classified service; to provide

appropriate references in this Act to the "Executive Re-

organization Plan of 1972"; to provide for the rights to

property; to provide for compensation to department

heads and commissioners ; to provide for the abolish-

ment of the Georgia Real Estate Investment Board; to

provide for the assignment of the Seed Advisory Com-

mittee to the Department of Agriculture for adminis-

trative purposes; to provide for the assignment of the To-

bacco Advisory Board to the Department of Agriculture

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for administrative purposes; to provide for the transfer of certain functions of the State Treasurer to the Comptroller General; to continue th3 Department of Education and its functions; to provide for the assignment of the Franklin D. Roosevelt Warm Springs Memorial Commission to the Department of Naturai Resources for administrative purposes; to authorize the Director of the Environmental Protection Division of the Department of Natural Resources to issue orders and permits; to provide for hearings and appeals ; to provide for the crea-
tion and membership of a committee to administer per-
mits required by the Coastal Marshlands Protection Act; to provide for hearings and appeals; to provide for the creation of a Board of Public Safety; to provide for the membership, method of appointment, and terms of the Board; to provide for the transfer of certain functions of the Georgia State Board of Pharmacy to the Department of Public Safety; to provide for the assignment of certain functions to the Division of Investigation; to provide for the assignment of the Georgia State Board of Pharmacy to the Secretary of State for administrative purposes; to provide for an effective date; to provide for severability; to amend an Act authorizing the Governor to effectuate the reorganization of the Executive Branch, approved February 15, 1971 (Ga. L. 1971, pp. 4, 5, 6, 7, 8, 9); to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Chapter 1.

Section lA. Short Title. This Act shall be known and may be cited as the "Executive Reorganization Act of 1972."

Section lB. Declaration of Policy and Purpose.

(1) The State Constitution contemplates a separation of

power within State Government among the Legislative, the

Executive, and the Judicial Branches of government. The

Legislative Branch determines policies and programs and

reviews program performance. The Executive Branch exe-

cutes programs and policies adopted by the Legislature and

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makes policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and programs and adjudicates conflicts arising from the interpretation or application of the laws.
(2) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the Georgia General Assembly approved February 15, 1971 (Act No. 2, Ga. L. 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments consistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the departments of the Executive Branch established or continued under this Act to achieve maximum efficiency and effectiveness.
(3) Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs in response to public needs. It is the public policy of this State and the purpose of this Act to create a structure of, the Executive Branch of State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote economy and efficiency in the operation and management of State Government; to improve services to the citizens of the State; to conserve the human and natural resources of the State; to promote orderly growth of the State and its Government; to strengthen the executive capacity to administer effectively and efficiently at all levels; to encourage greater participation in State Government; to effect the grouping of State agencies into a reasonable number of department:; primarily according to function; to provide that the responsibility within the Executive Branch of State Government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping duplication of effort within the Executive Branch of State Government.
(4) It is the intent of this Reorganization Act to simplify the operations of the Executive Branch of State Government and to provide for the orderly transfer of functions
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of existing agencies to departments provided by this Act,

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with the least disruption of the delivery of governmental services.

(5) It is further the intent of this Reorganization Act

not to increase, decrease, or change the statutory powers of

any agency existing before the effective date of this Act,

unless such intent is specifically expressed herein.

Section lC. Definitions. As used in this Act:
(1) ."Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Government.

(2) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department, or an agency assigned to a department for administrative purposes only as provided in Section 105 of this Act.

(3) Except when used in connection with the name of an agency existing before the effective date of this Act, "department" means a principal, functional and administrative entity provided for by this Act, within the Executive Branch of State Government and includes its divisions.

(4) "Department head" means a director, commission, board, commissioner, or constitutional officer or such other official in charge of a department continued or created by this Act.

(5) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the performance of such function unless otherwise provided by this Act.
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(6) "Constitution" means the Constitution of the State of Georgia of 1945, as amended.

(7) Unless otherwise required by the context of this Act, the terms "policy" or "policy-making" as used in this

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Act mean those functions related to establishing the general direction which programs of an agency shall take.
(8) Unless otherwise required by the context of this Act, the term "administrative" is used to refer to functions related to the specific implementation of general policies.
(9) "Classified service" means a position included in the State Merit System of Personnel Administration subject to the laws, rules and regulations relating to the State Personnel Board and the State Merit System of Personnel Administration.
(10) "Plan" means the "Executive Reorganization Plan of 1972" as amended.
Section 2. Structure of Executive Branch of State Government.
(a) All executive offices, boards, comm1sswns, committees, agencies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions, are allocated by this Act among and within the following departments or offices continued or established by this Act:
Governor Lieutenant Governor Department of Administrative Services
Department of Agriculture
Department of Industry and Trade
Comptroller General Department of Defense
Department of Education
Employees' Retirement System of Georgia
Department of Banking and Finance
Department of Human Resources
Department of Labor
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Department of Law

Department of Natural Resources

Department of Offender Rehabilitation

State Personnel Board and Merit System of Personnel Administration

Department of Public Safety

Department of Revenue

Secretary of State

State Scholarship Commission

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Teachers' Retirement System of Georgia

Department of Transportation

Treasurer

Board of Regents of the University System of Georgia

State Department of Veterans Service

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(b) For its internal structure, each department shall adhere to the foilowing standard terms: (1) the principal

unit of a department is a "division". Each division shall be

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headed by a "director" or "deputy" ; provided however that

the Safety Fire Division of the Comptroller General's office

shall be headed by the State Fire Marshal appointed by the

State Fire Commissioner. (2) The principal units of a

division is a ".section". Each section shall be headed by a

"supervisor".

Section 3. Assignment for Administrative PUJrpOSes Only.

(a) An agency assigned to a department for administra-

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tive purposes only in this Act shall:

(1) Exercise its quasi-judicial, rule..making, licensing or

policy-making functions independent of the department and

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without approval or control of the department.

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(2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department.

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(3) Hire its own personnel, if authorized by this Act, by

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the Constitution or by statute, or if the General Assembly

provides or authorizes the expenditure of funds therefor.

(b) The department to which an agency is assigned for administrative purposes only in this Act shall:

(1) Provide record keeping, reporting, and related administrative and clerical functions for the agency.

(2) Disseminate for the agency required notices, rules, or orders adopted, amended, or repealed by the agency.

(3) Provide staff for the agency subject to the provisions of (a) (3).

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(4) Include in the departmental budget the agency's

budgetary request, if any, as a separate part of said budget

and exactly as prepared and submitted to the department

by the agency.

(c) Whenever any Authority is assigned for administra-

tive purposes, it means only that the State department

through which the Authority deals with the State shall be

that department to which the Authority is assigned by this

Act. Any Authority created by Georgia law shall retain its

separate identity as an instrumentality of the State and a

public corporation. The department to which an Authority

is assigned is authorized, only with the approval of the

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Authority, to perform for such Authority any or all of the

functions set forth in (b) of this Section.

Section 4. Electronic Data Processing - Printing Committee Created.

(a) There is hereby created within the Department of Administrative Services the Electronic Data ProcessingPrinting Committee. T-he Committee shall consist of the Commissioner of Administrative Services; the Commissioner of Agriculture; the Commissioner of Human Resources; the State Auditor; the Commissioner of Transportation; the Comptroller General; the Revenue Commis-
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sioner; and the State Superintendent of Schools.

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(b) The Committee shall meet at least monthly at a regular time and place or as often as deemed necessary to effectively and efficiently perform its duties upon the call of the Chairman or ,any three of the members.
(c) The Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing and electronic computer service functions of any board, department and agency of State Government to the Department of Administrative Services, except that electronic data processing equipment used exclusively for educational or research purposes by any agency under the jurisdiction of the Board of Regents of the University System of Georgia shall not be subject to the provisions of this Act.

The Commissioner of Administrative Services shall develop all policies necessary to provide electronic data processing .and printing, copying and duplicating services for all boards, departments and agencies of State Government.

(d) The Commissioner of Administrative Services shall adopt a plan on consolidation of printing operations, consisting of no more than eight (8) separate facilities.

(e) The employment security agency of the Department of Labor is exempt from the provisions of this Act.

(f) The Committee shall hear and decide all appeals from

any order of priority of all printing and data processing and

shall establish policies to determine the order of priority of

all printing and data processing work to be performed by

the Department of Administrative Services and shall assure

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effective service. In a case of dispute between departments as to the order of priority, the Committee shall have the

authority to determine whic}l department shall have prior-

ity. A quorum shall consist of four members.

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(g) Except as provided in (e) above, the Governor shall

have the authority to transfer the printing, duplication,

reproduction and copying electronic data processing and

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electronic computer service functions of all State agencies

to the Department of Administrative Services. This Section

shall be implemented by the Governor, and he shall have

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the authority to implement this Section in whole or in part,

in phases or stages, or in any manner or sequence which

he may deem appropriate, provided, however, if any depart-

ment head objects to any transfer of services, he may appeal

to the Committee, and the Committee shall make the final

ruling as to whether said transfer of services shall be made

or not.

Section 5. Employees' Retirement System of GeorgiaContinued.

(a) The Employees' Retirement System of Georgia, created by Ga. L. 1949, pp. 138, 142, and its functions, are continued as a public corporation.

(b) .The Board of Trustees of the Employees' Retirement System of Georgia provided for in Ga. L. 1949, pp. 138, 150, as amended, and its functions are continued.

(c) The Director of the Employees' Retirement System of Georgia, who is the Executive Officer of the Board of Trustees of the Employees' Retirement System of Georgia, and his functions are continued and the position of Director of the Employees' Retirement System of Georgia shall continue to be included in the classified service.

Section 6. Teachers' Retirement System of Georgia Continued.
(a) The Teachers' Retirement System of Georgia, created by Ga. L. 1943, p. 640, as amended, and its functions, are continued as a public corporation.
(b) The Board of Trustees of the Teachers' Retirement System of Georgia provided for in Ga. L. 1943, p. 640, as amended, and its functions, are continued.
(c) The Director of the Teachers' Retirement System of Georgia, who is Executive Director of the Board of Trustees of the Teachers' Retirement System of Georgia and his

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functions are continued and the position of the Director shall continue to be in the classified service.

Section 7. State Personnel Board Continued.

(a) The State Personnel Board, provided for in Article XIV, Section I, Paragraph I of the Constitution of the State of Georgia of 1945 and its functions are continued.

(b) The Merit System of Personnel Administration pro-

vided for in Ga. L. 1943, p. 171, as amended by Ga. L.

1971, p. 45, and its functions are continued.

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(c) The Merit System Director, as provided for in Ga.

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L. 1943, p. 171, who is the Director of the Merit System

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of Personnel Administration and who is the Executive Of-

ficer of the State Personnel Board, and his functions are

continued. The position of Director shall continue to be in-

cluded in the classified service.

Section 8. References. Section 2 of this Act shall be

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deemed to be section 104 of the Plan; section 3 of this Act

shall be deemed to be section 105 of the Plan; section 4 of

this Act replace3 sections 408 and 409 of the Plan; section

5 of this Act is intended by the General Assembly to con-

tinue the Employees' Retirement System of Georgia as a

separate entity; section 6 of this Act is intended by the

General Assembly to continue the Teachers' Retirement

System of Georgia as a separate entity; section 7 of this

Act is intended by the General Assembly to continue the

State Personnel Board and the State Merit System of

Personnel Administration as a separate entity; and said

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sections as indicated may be cited as so designated.

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Section 9. (a) The department which succeeds to all or part of the functions of an agency under this Act also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other .-.
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similar property. However, the department or unit may not use property nor may it use or divert monies in a fund, appropriation or an account for any purpose other than provided by law. The Governor shall resolve any conflict as to the proper disposition of personal property and his decision shall be final. The State Properties Control Commission shall resolve any conflict as to the proper disposition of real property.
(b) The real property of any agency abolished by this Act, where the functions were not continued or transferred to a department provided for in this Act, shall be transferred to the State Properties Control Commission.
(c) The personal property of any agency abolished by this Act, where the functions were not continued or transferred to a department provided for in this Act, shall be transferred to the Department of Administrative Services. Any funds held by any such agency shall revert to the General Fund of the State.
(d) This section does not apply to property owned by the federal government or any local governments.

Section 10. The heads of departments continued by this

Act shall be compensated as presently provided by law. The

compensation of the heads of departments created by this

Act shall be determined by the General Assembly. Compen-

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sation for unclassified positions within any agency created

by this Act shall be established by the official in charge of

the agency unless otherwise provided by law.

Section 11. The Georgia Real Estate Investment Board, created in Ga. L. 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the effective date of this abolishment, the Board shall refund all escrow deposits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be transferred to the General Treasury.

Section 12. The Seed Advisory Committee, created by Ga. L. 1956, p. 217 (Ga. Code Ann. section 5-2410), and its
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functions are continued. The Commission is assigned to the Department of Agriculture for administrative purposes only as prescribed in section 3 of this Act.

Section 13. The Tobacco Advisory Board, created by Ga. L. 1955, p. 589 (Ga. Code Ann. section 111-603-605), and its functions are continued. The Board is assigned to the Department of Agriculture for administrative purposes only as prescribed in section 3 of this Act.

Section 14. The functions of the State Treasurer relating to deposits by insurers, set forth in Ga. L. 1960, p. 289 (Ga. Code Ann. Chapters 56-3 and 56-11), and functions relating to the ex officio Bond Commissioner, set forth in Ga. L. 1904, p. 145, as amended (Ga. Code Ann. Gh. 40-12), are transferred to the Comptroller General as Insurance Commissioner of the State of Georgia.

Section 1.5. (a) The State Department of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, is continued. The State Superintendent of Schools shall be the administrative officer of the Department.

(b) The functions of the Department are continued, except the Vocational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of this Act.

Section 16. The Franklin D. Roosevelt Warm Springs Memorial Commission, created in Ga. L. 1946, p. 31, as amended (Ga. Code Ann. section 40-2401 et al), is continued. The Commission is assigned to the Department of Natural Resources for administrative purposes only as prescribed by section 3 of this Act.

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Section 17. (a) The Director of the Environmental Pro-

tection Division of the Department of Natural Resources

shail issue all orders; grant, deny, revoke or amend all per-

mits provided for in the laws to be enforced by this Divi-

sion. Any person who is aggrieved or adversely affected by

any order or action of the Director shall upon petition

within thirty (30) days of the issuance of such orders or

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notice of such action have a right to a hearing before a hearing officer appointed by the State Game and Fish Commission. The initial hearing and any administrative review thereof shall be conducted in accordance with the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended; provided, however, that any administrative review of the initial decision of such hearing officer shall be by five (5) members of the Commission to be selected by the entire Commission. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commission shall have the right of judicial review thereof inaccordancewithsubsections (b), (c), (d), (e), (f), (g) and (h) of section 20 of the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended. Any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from superior courts to the appellate courts of this State.

(b) There is created a committee to be composed of

three (3) members. The Commissioner of Natural Resources

and the Director of the Division of Environmental Protec-

tion shall be members of this committee. The third member

of the committee shall be selected by the State Game and

Fish Commission. The committee shall issue all orders ;

grant, deny, revoke or amend permits required pursuant to

the functions transferred to the Department of Natural

Resources in the Plan that are required by the Coastal

Marshlands Protection Act, Ga. L. 1970, p. 939 (Ga. Code

Ann. section 45-136 et al). Any person who is aggrieved or

adversely affected by any order or action of the committee

shall upon petition within thirty (30) days of the issuance

of such orders or notice of such action have a right to a

hearing before a hearing officer appointed by the Commis-

sion. The initial hearing and any administrative review

thereof shall be conducted in accordance with the Georgia

Administrative Procedure Act (Title 3A), as now or here-

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after amended; provided, however, that any administrative

review of the initial decision of such hearing shall be by

five (5) members to be selected by the entire Commission.

Any person who has exhausted all administrative remedies

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available before the Commission and who is aggrieved or

adversely affected by a final order or action of the Com-

mission is entitled to a judicial review under the Act. In

this connection, all proceedings for judicial review shall be

conducted pursuant to the Georgia Administrative Pro-

cedure Act (Title 3A), as now or hereafter amended. Any

party to the proceeding may secure a review of the final

judgment of the superior court by appeal in the manner and

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form provided by law for appeals from the superior courts

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to the appellate courts of this State.

Section 18. There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety. The Board shall consist of nine members.

(a) The following three members serve ex officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of the Department of Corrections.

(b) Three members shall be selected as follows:

(1) a representative appointed by the Governor by and

with the advice and consent of the Senate from the mem-

bership of the Georgia Sheriffs' Association; the first

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representative shall serve an initial term ending on January

20, 1975, each subsequent term being three years;

(2) a representative appointed by the Governor by and with the advice and consent of the Senate from the mem.bership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years;

(3) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years.

(c) Within thirty days after its first meeting the Board

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by majority vote shall app.:::Jint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for two, three, and four years, respectively. Thereafter, all terms of all successors shall be four years. Any vacancy in the at-large membership shall be filled by the Board for the unexpired term.
Appointments made pursuant to subsection (b) at times when the Senate is not in session shall be effective ad interim.
Section 19. The functions of the Georgia State Board of Pharmacy relating to investigation of alleged violations pertaining to drugs under Ga. L. 1967, pp. 296, 304, as amended (Ga. Code Ann. section 79A-208 (f) et seq.), except as related to or in connection with, persons or firms licensed by tfle Georgia State Board of Pharmacy, or otherwise authorized by Georgia laws to manufacture, sell, distribute, dispense or possess drugs, medicines, poisons, cosmetics or devices, or as related to misbranded or counterfeit drugs, are transferred to the Department of Public Safety.
Section 20. The criminal investigative functions transferred to the Department of Public Safety by section 19 of this Act are assigned to the Division of Investigation.
Section 21. The Georgia State Board of Pharmacy, created in Ga. L. 1967, pp. 296, 302 (Ga. Code Ann. section 79A-201), and its functions, except those functions transferred in Chapter 16 of this Act, are continued. The Board is assigned to the Secretary of State for administrative purposes only as prescribed in section 3 of this Act.
Section 22. The functions relating to deposits by insurers and functions of the ex officio Bond Commissioner are transferred to the Comptroller General in section 14 of this Act.
Section 23. Section 9 of this Act shall be deemed to be
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section 111 of the Plan; section 10 shall be deemed to be

section 116 of the Plan; section 11 shall be deemed to be

section 430 of the Plan; section 12 shall be deemed to be

section 503 of the Plan; section 13 shall be deemed to be

section 510 of the Plan; section 14 shall be deemed to be

section 802 of the Plan; section 15 shall be deemed to be

section 1001 of the Plan; section 16 shallbe deemed to be

section 1509 of the Plan ; section 17 shall be deemed to be

section 1540 of the Plan ; section 18 shall be deemed to be

section 1602 of the Plan ; section 19 shall be deemed to be

section 1606 of the Plan; section 20 shall be deemed to be

section 1612.4 of the Plan; section 21 shall be deemed to be

section 1905 of the Plan; section 22 shall be deemed to be

section 2202 of the Plan; and :said sections and Chapters

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may be cited as so designated.

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Section 24. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 26. An Act authorizing the Governor to effectuate the reorganization of the Executive Branch, approved February 15, 1971 (Ga. Laws 1971, p. 4), is hereby amended as follows:

(a) By striking section 21n its entirety and inserting in lieu thereof a new section 2 to read as follows:

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"Section 2. The Governor, as Chief of the Executive

Branch of State Government and responsible for its eco-

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nomic and efficient fiscal management, is hereby charged and authorized, acting within and subject to constitutional limitations and the provisions of this Act, to propose the reorganization of any agencies."
(b) By striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows:
"Section 4. Whenever the Governor makes a proposal for reorganization a bill shall be prepared containing his recommendations for reorganization. The Governor shall cause such bill to be introduced into the General Assembly and such bill shall receive the same number of readings and be subject to the same procedure as required by the Constitution and laws of this State for the passage of any other bill. No reorganization or part thereof proposed by the Governor shall become effective until such bill as introduced or as changed by the General Assembly becomes law."
Section 27. Prior Right of Department Head to Agencies and Records. In order that a department head appointed or holding office pursuant to this Act might fonnulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after approval of this Act and, where applicable, after his appointment, have full access to all agencies or units (including records) whose functions will be placed within his department by this Act.
Section 28. Creation of Advisory Councils. A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Government may also create advisory councils, but only if federal laws or regulations require that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Uriless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.
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- Section 29. Agencies Abolished with Multiple Transfers. If any agency is abolished before all of its functions have been transferred to other departments as provided by this Act, the department created in the Chapter of this Act under which the agency is abolished shall succeed to the remaining functions.
Section 30. Agencies Abolished. Any agency all of whose functions are transferred to another agency or agencies as provided in this Act is abolished as a separate agency.

Section 31. Rights of State Personnel. Unless otherwise provided in this Act, each State officer or employee affected by the reorganization of the Executive Branch of State Government under this Act shall be entitled to all rights which he :Possessed as a State officer or employee before the effective date of the applicable provision of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. This section is not intended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Act.

Section 32. Rules, Regulations, and Orders. The depart-

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ment which succeeds to all or part of the functions of an

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agency under this Act other than an agency assigned to the

department for administrative purposes, also succeeds to

the rules, regulations, and orders of that agency and the

power of that agency to make rules and regulations relating

to the functions or parts of functions transferred. The rules,

regulations, and orders of any agency in effect before the

effective date of the provisions of this Act affecting the

agency remain in effect until amended, repealed, super-

seded or nullified by proper authority or as otherwise pro-

vided by law.

Section 33. Legal Proceedings. This Act shall not affect the validity of any judicial or administrative proceeding pending or which could have been commenced before the effective date of the app}icabl.e provisions of this Act, and
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the department which succeeds to the functions of an agency relating to the proceeding shall be substituted as part at interest.
Section 34. Rights and Duties Under Existing Transactions. The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of the applicable provision of this Act, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect and none of these rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agency in this Act. The Department which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provision of those bonds, contracts, leases, indentures, and other transactions.
Section 35. References. Unless inconsistent with this Act, whenever an agency existing before the effective date of the provision of this Act affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions are transferred by this Act.
Section 36. Agencies-Continuation. Any existing agency not provided for in this Act but established or created by the General Assembly shall continue to exercise all of its functions.
Section 37. Federal Aid. Whenever any agency or function is transferred, the resulting agency performing the transferred function shall be construed as a continuation of the original agency for the purpose of federal aid, and may continue to receive any ~uch funds to carry out or perform such functions.
Chapter 2. Governor
Section 201. The Governor-Continued. The Governor, provided for in Article V, Section I, Paragraph I of the
20

'_, I

Constitution, and his functions, and the functions of his

office, are continued except those functions relating to the

Bureau of State Planning and Community Affairs and the

Budget Bureau which are transferred to the Office of

Planning and Budget, the Department of Industry and

Trade, and the Department of Human Resources in Chapter

2, 7, and 12, respectively, of this Act, the State Library

which is transferred to the Department of Law in Chapter

14, and the Division of Conservation and the Commissioner

of Conservation which are transferred to the Department

of Natural Resources in Chapter 15 of this Act.

r

Section 202. Office of Planning and Budget - Created.

I

'!

There is created in the office of the Governor an office of

I'

Planning and Budget. This Office shall have a Director

whose title shall be Director of the Office of Planning and

Budget. The Director shall be responsible for management

of the Office and exercise supervision and control ov er the

Office. The Director shall be appointed by and serve at the

pleasure of the Governor.

Section 203. State Planning and C()mmunity Affairs Policy Board- Functions Transferred. All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. L. 1970, p. 321 (Ga. Code Ann. sec. 40-2009), are transferred as provided in section 205 of this Act.

Section 204. State Planning and Community Affairs

Officer - Functions Transferred. All the functions of the

State Planning and Community Affairs Officer, created in

Ga. L. 1970, p. 321 (Ga. Code Ann. sec. 40-2909), are trans-

ferred to the Director of the Office of Planning and Budget

r

created in this Chapter. Unless inconsistent with this Act,

i

any reference in Georgia laws to the State Planning and

i

Community Affairs Officer means the Director of the

Office of Planning and Budget.

Section 205. Bureau of State Planning and Community Affairs-Functions Transferred. (a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. L. 1967, p. 252 (Act No. 123), sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning

21

and Community Affairs, set forth in Ga. L. 1967, p. 252, are

'..

transferred to the Office of Planning and Budget unless

otherwise inconsistent with this Act.

(b) All functions of the Bureau of State Planning and Community Affairs, set forth in Ga. L. 1970, pp. 321-332 (Act No. 1066), sections 4(f), 6, 8(b), 9, 10(a) and 10(c) are transferred to the Office of Planning and Budget. All functions set forth in sections 2, 3 (b) , 3 (c), 4 (a), 4 (b), 4(c), 4(e) and 7 of Ga. L. 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. L. 1970, pp. 321-332, except those provided in section 10 (e), transferred to the Department of Human Resources in section 1214 of this Act, and sections 3 (a), 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in section 3 (a), 11, and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Section 206. Budget Bureau - Functions Transferred. All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. L. 1962, p. 17, as amended (Ga. Code Ann. sec. 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively. Unless inconsistent with this Act, any reference in Georgia laws to the Budget Bureau and the State Budget Officer means the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively.

Section 207. Georgia Commission on the Arts - Trans-

ferred. All of the functions of the Georgia COmmission on

the Arts, created in Ga. L. 1968, p. 1235 (Ga. Code Ann.

Ch. 40-26), are transferred to the Office of Planning and

Budget. The Governor shall appoint such advisory councils

.. l

on the Arts as he deems necessary and appropriate. Unless inconsistent with this Act, any reference in Georgia laws

to the Georgia Commission on the Arts means the Office

of Planning and Budget created in this Chapter.

Section 208. Georgia Sdence and Technology Commission - Transferred. All of the functions of the Georgia

22

Science and Technology Commission, created in Ga. L. 1964, p. 717, as amended (Ga. Code Ann. sec. 43-100 et al), are transferred to the Office of Planning and Budget. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.
Section 209. Institute for Research in Bio-TechnologyAbolished. The Institute for Research in Bio-Technology, created in Ga. L. 1969, p. 987 (Ga. Code Ann. sec. 43-1008), and its functions are abolished, and said Act and all amendments thereto are hereby repealed.

Chapter 3. Lieutenant Governor
Section 301. The Lieutenant Governor - Continued. The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued. .
Chapter 4. Department of Administrative Services

Section 401. Department of Administrative Services C"reated; Head. There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.

Section 402. Sup,ervisor of Purchases-Functions Transferred. All of the functions of the office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. L. 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department.

Section 403. Unless inconsistent with this Act, any

reference in Georgia laws to_the Office of the Supervisor of

Purchases or the Supervisor of Purchases means the De-

:..

partment of Administrative Services.

Section 404. State Communications Committee- Functions Transferred. All of the functions of the State Com-

23

. .

munications Committee, created by Ga. L. 1969, p. 616, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Communications Committee means the Department of Administrative Services.

Section 405. Advisory Council on Georgia Government Documents - Functions Transferred. All of the functions of the Advisory Council on Georgia Government Documents, created by Ga. L. 1971, p. 216, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Advisory Council on Georgia Government Documents means the Department of Administrative Services.

Section 406. Highway Department - Functions Transferred. The self-insurance workmen's compensation functions of the State Highway Department of Georgia, provided for in Ga. L. 1969, p. 234 (Ga. Code Ann. sec. 89-926), are transferred to the Department.

Section 407. Additional Functions Transferred. The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such department's services.

Section 408. State Treasurer - Functions Transferred.

The functions of the State Treasurer and the Treasury De-

I
-'I

partment relating to payment of salaries and expenses to

I

judges, provided for in Ga. L. 1945, p. 1199, as amended

(Ga. Code Ann. sec. 24-2606.1), Ga. L. 1969, p. 113 (Ga.

Code Ann. sec. 24-2606.2), and district attorneys, provided

for in Ga. L. 1966, p. 438, as amended (Ga. Code Ann. see.

24-2904.1), Ga. L. 1968, p. 992, as amended (Ga. Code Ann.

sec. 24-2922, et al), are transferred to the Department.

,:,

"

Unless inconsistent with this Act, any reference in Georgia

24

laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this section means the Department of Administrative Services.

Section 408A. There is created within the Department of Administrative Services a Fiscal Division. The Director of the Fiscal Division shall be appointed by the State Depository Board. The position of Director of the Fiscal Division shall be included in the classified service.

j

.I

Section 408B. The functions of the State Treasurer and

the Treasury Department, except the functions provided for

in Article VII, Section III, Paragraph IX of the Constitution

relating to the State Sinking Fund, and except as other-

wise provided in this Act, are transferred to the Fiscal

Division of the Department of Administrative Services.

Any reference in Georgia laws to the State Treasurer or

the Treasury Department relating to the functions trans-

ferred to the Fiscal Division of the Department 9f Adminis-

trative Services in this Section means the Fiscal Division

created in section 408A of this Act.

Section 409. Secretary of State-Functions Transferred. The functions of the Secretary of State, provided for in Ga. L. 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to the inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Secretary of State relating to the functions transferred to the Department in this Section means the Department of Administrative Services.

'J !

Section 410. State Properties Control Commission -

Continued; Assigned. The -State Properties Control Com-

mission, created by Ga. L. 1964, p. 146, as amended (Ga.

Code Ann. Ch. 91-1A), and its functions are continued. The

State Properties Control Commission is assigned to the

Department for administrative purposes only as prescribed

in section 105 of this Act.

25

Section 411. State Properties Acquisition CommissionFunctions Transferred. All of the functions of the State Properties Acquisition Commission, created by Ga. L. 1965, p. 396 (Ga. Code Ann. Ch. 36-1A), are transferred to the State Properties Control Commission. Unless inconsistent with this Act, any reference in Georgia laws to the State Properties Acquisition Commission means the State Properties Control Commission.
Section 412. Mineral Leasing Commission - Functions Transferred. All of the functions of the Mineral Leasing Commission, created by Ga. L. 1945, p. 352, ' as amended (Ga. Code Ann. sec. 91-118), are transferred to the State Properties Control Commission. Unless inconsistent with this Act, any reference in Georgia laws to the Mineral Leasing Commission means the State Properties Control Commission.

.'
.:'
-.-.,~.

Section 413. State Depository Board - Continued; Assigned. The State Depository Board, created by Ga. L. 1949,

p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its func-

tions are continued. The Board is assigned to the Depart-

ment for administrative purposes only as prescribed in

section 3 of this Act.

Section 414. Georgia Education Authority (University)

-Continued; Assigned. The Georgia Education Authority

(University), created by Ga. L. 1949, p. 1009, as amended

i

(Ga. Code Ann. Ch. 32-1A), and its functions are con-

.I

tinued. The Authority is assigned to the Department for

administrative purposes only as prescribed in section 3 of

this Act.

Section 415. Georgia Education Authority (Schools) -

I

Continued; Assigned. The Georgia Education Authority

I

(Schools), created by Ga. L. 1951, p. 241, as amended (Ga.

Code. Ann. Ch. 32-14A) ,_and its functions are continued.

The Authority is assigned to the Department for adminis-

.-:,

trative purposes only as prescribed in section 3 of this Act.

Section 416. Georgia Building Authority - Continued; Assigned. The Georgia Building Authority, created by Ga.

26

L. 1951, p. .699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are continued, The Authority is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.
Section 417. Georgia Building Authority (Hospital) Continued; Assigned. The Georgia Building Authority (Hospital), created by Ga. L. 1939, p. 144, as amended (Ga. Code Ami. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.
Section 418. Georgia Building Authority (Markets) Continued; Assigned. The Georgia Building Authority (Markets), created by Ga. L. 1955, p. 224, as amended (Ga. Code Ann.. Ch. 65-3), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.
Section 419. Georgia Building Authority (Penal) Continued; Assigned. The Georgia Building Authorit y (Penal), created by Ga. L. 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.
Section 420. Bond Indebtedness. Nothing in this Act shall affect in any way the obligations of any Authorities
with respect to their bond _ndeb 2dness.
Section 421. Refunding Bond Commission - Abolished. The Refunding Bond Commission, created by Ga. L. 1947, p. 504 (Ga. Code Ann. Ch. 87-5A), is abolished, and said Act and all amendments thereto are hereby repealed.
Chapter 5. Department of Agriculture :.rI
Section 501. Department a.f Agriculture - Continued; Head. The Department of Agriculture, crea ted by Ga. L. 1874, p. 5, as amended (Ga. Code Ann. sec. 5-101), and its functions are continued. The department head is the Commissioner of Agriculture.
27

Section 502. Livestock and Poultry Disease Control Board - Functions Transferred. All of the functions of the Livestock and Poultry Disease Control Board, created by Ga. L. 1956, p. 247, as amended, (Ga. Code Ann. Ch. 62-18), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Livestock and Poultry Disease Control Board means the Department of Agriculture.
Section 503. Department of Public Health - Functions Transferred. The functions of the Department of Public Health relating to articles of bedding, provided for by Ga. L. 1964, pp. 499, 552, et al, as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Department of this section means the Department of Agriculture.
Section 504. Department of Revenue--Functions Transferred. The motor fuel testing and pump calibration functions of the Department of Revenue, provided for in Ga. L. 1927, p. 279, as amended (Ga. Code Ann. section 73-220), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Department in this section means the Department of Agriculture.
Section 505. State Oil Chemist-Functions Transferred. The State Oil Chemist, provided for in Ga. L. 1927, p. 279, as amended (Ga. Code Ann. Ch. 73-2), and his functions are transferred to the Department. Unless inconsistent with
this Act, any reference in Georgia laws to the positions and
functions transferred to the Department in this section means the Department of Agriculture.
Section 506. Department of Revenue--Functions Transferred. The Inspectors of the Department of Agriculture, in the regular course of their duties, shall verify that each facility they inspect has-proper State licenses for the sale of cigarettes, malt beverages, and wine. Should any facility not have such State Licenses as required by law, the Commissioner of Revenue shall be notified of such fact immediately so that he can take such action as required by law.
28

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I

Section 507. Department of Public Health - Functions Transferred. The functions of the Department of Public Health relating to regulation of canning factories and shucking plants, provided for in Ga. L. 1955, p. 483 (Ga. Code Ann. sec. 45-931), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Department in this section means the Department of Agriculture.
Section 508. Georgia Seed Development Commission Continued; Assigned. The Georgia Seed Development Commission, created by Ga. L. 1959, p. 83 (Ga. Code Ann. Gh. 5-27), is continued. The Commission is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.

Section 509. Georgia Milk Commission- Abolished. The Georgia Milk Commission, created by Ga. L. 1937, p. 247, as amended (Ga. Code Ann. section 42-525), is abolished, and said Act and all amendments thereto are hereby repealed.

Section 510. Commission on State Institutional Farms Abolished. The Commission on State Institutional Farms, created by Ga. L. 1966, p. 734 (Ga . Code Ann. sect ion 5-2803) , is hereby abolished, and said Act and all amendments thereto are hereby repealed.
.1
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Chapter 6. Department of Audits and Accounts

Section 601. Department of Audits and Accounts and State Auditor- Continued. The Department of Audits and Accounts and the State Auditor created by Ga. L. 1923, Ex. Sess., p. 7, as amended (Ga. Code Ann. section 40-18), and their functions are continued.

.'

Section 602. Board of Equalization - Abolished. The

.,

.i

Board of Equalization, created by Ga. L. 1970, pp. 542, 548

(Ga. Code Ann. section 92-7013), and its functions are

abolished, and said Act and all amendments thereto are

hereby repealed.

Chapter 7. Department of Industry and Trade
of Section 701. Department Industry and Trade- Con-

29

tinued. The Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued, except those functions related to the Metropolitan Atlanta Rapid Transit Authority transferred to the Department of Transportation in section 2006 of this Act, and those functions related to aviation transferred to the Department of Transportation in section 2005 of this Act. The Director shall be the executive officer and administrative head as prescribed by the Constitution.

_.,,

Section 702. Board of Commissioners of the Department of Industry and Trade - Continued. The Board of Commis-

sioners of the Department of Industry and Trade, created

in Article V, Section X, Paragraph I of the Constitution,

and its functions are continued except those functions

transferred in sections 2005 and 2006 of this Act, and those

functions added in section 205 of this Act.

Section 703. Division of Community Affairs - Creation. There fs created a Division of Community Affairs in the Department of Industry and Trade. There shall be a Director of this Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.

Section 704. Division of Community Affairs - Fun.ctions Transferred. All of the functions transferred from the Bureau of State Planning and Community Affairs by this Act in Chapter 2 to the Department of Industry and Trade are assigned to the Division of Community Affairs.

Section 705. Other Functions Transferred. The functions of the Ocean Science Center of the Atlantic Commission, provided for in Ga. L. 1967, p. 12, as amended (Ga. Code Ann. section 43-1301, et al), to promote participation in and arrange for the location of research and industrial activities are transferred to the Department of Industry and Trade.
Chapter 8. Comptroller General

Section 801. Comptroller General - Continued. The

30

l
I
Comptroller General of Georgia, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued.
Chapter 9. Department of Defense
Section 901. Department of Defense - Continued. The Department of Defense, created in Ga. L . 1955, pp. 10, 23 (Ga. Code Ann. section 86-201), its present organization and its functions are continued.
Section 902. Adjutant General - Continued. The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed 'by law.
Chapter 10. Department of Education
Section 1001. State Board of Education - Continued. The State Board of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, and its functions are continued.
Section 1002. State Superintendent of Schools - Continued. The State Superintendent of Schools, provided for in Article VIII, Section III, Paragraph I of the Constitution, and his functions are continued.
Section 1003. State Treasurer- Functions Transferred. The functions of the State Treasurer and the Treasury Department relating to distribution of State funds under the Minimum Foundation Program of Education Act, provided for in Ga. L. 1964, p. 3 (Ga. Code Ann. sec. 32-647), are transferred to the Department. Unless inconsistent with
this Act, any reference in Georgia laws to the State Trea-
surer or the Treasury Department relating to the functions transferred to the Department in this section means the State Department of Education.
Section 1004. Industry Services Advisory CommitteeFunctions Transferred. All of the functions of the Industry Services Advisory Committee, created by Ga. L. 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are transferred to the De-
31

partment. Unless inconsistent with this Act, any reference

in Georgia laws to the Industry Services Advisory Commit-

-.
.;.

tee means the State Department of Education.

::,:

1

!

Section 1005. Fernbank Science Center Committee

Abolished. The Fernbank Science Center Committee, created

by Ga. L. 1970, p. 747, is abolished, and said Act and all

amendments thereto are hereby repealed.

Chapter 11. Department of Banking and Finance
Section 1101. Department of Banking and Finance Created. There is created a Department of Banking and Finance. The department head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Banking and Finance.

Section 1102. Commissioner - Term of Office. The

,_,.,

Commissioner shall be appointed by the Governor for a four-yea.r term. The initial term of the Commissioner shall

terminate on January 20, 1976. Each succeeding term of

office shall be for four years commencing on the expiration

date of the previous term.

Section 1103. Department of Banking and Superintendent of Banks - Functions Transferred. All of the functions of the Department of Banking, and the position of Superintendent of Banks, created in Ga. L. 1919, p. 135, as amended (Ga. Code Ann. sec. 13-301, et al), including the regulation of credit unions, are transferred to the Department of Banking and Finance. Unless inconsistent with this Act, any reference in Georgia laws to the Department of Banking or the Superintendent of Banks means the Department of Banking and Finance.

Section 1104. Regulation of State Building and Loan As-

sociations - Functions Transferred. All functions of the

Secretary of State relating to State building and loan assoc-

iations, Ga. L. 1937-38, Ex. Sess., p. 307, as amended (Ga.

Code Ann. sec. 16-401, et al), or any other functions re-

,.

lated to the regulation of State building and loan associa-

' ~

tions or State savings and loan associations are transferred

32

to the Department of Banking and Finance. The Commissioner of the Department of Banking and Finance is hereby designated the Georgia Building and Loan Commissioner.
Section 1105. Functions Retained. Nothing in this Act shall divest the Secretary of State of any existing functions related to the chartering or liquidation of any bank, credit union, State building and loan association, State savings and loan association, or corporation.
Chapter 12. Department of Human Resources
Section 1201. Department of Human Resources- Created. There is created the position of Commissioner of Human Resources. The Commissioner shall be the chief administrative officer and be both appointed and removed by the Board of Human Resources subject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Act.

*

Section 1203. State Department of Family and Children

Services - Functions Transferred to Department. All of

the functions of the State Department of Family and Chil-

dren Services, created in Ga . L . 1937, p. 355, as amended

(Ga. Code Ann. sec. 99-103), and of its units, except those

functions transferred in section 2302 of this Act, are trans-

.I

ferred to the Department. Unless inconsistent with this

I
I

Act, any reference in Georgia laws to the State Department

: 1

of Family and Children Services means the Department of

Human Resources.

Section 1204. State Board for Children and Youth-Func-

tions Transferred. All of the functions of the State Board

I
I

for Children and Youth, created in Ga. L. 1963, p. 81

(Ga. Code Ann. sec. 99-204(a)), except for the policy-

making functions transferred to the Board of Human Re-

,_;

sources in section 1215 of this Act, are transferred to the

*Compiler's Note: The original bill does not contain Section 1202.

33

Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.

Section 1205. Additional Functions Transferred. The functions with respect to the Division for Georgia Water Quality Control and the State Water Quality Control Board, created in Ga. L. 1964, p. 416, as amended (Ga. Code Ann. sec. 17-504), are transferred to the Department of Natural Resources in section 1517 of this Act.

Section 1206. Additional Functions Transferred. The

I

functions with respect to Air Quality Control, contained

in Ga. L. 1967, p. 581, as amended (Ga. Code Ann. sec.

88-901), are transferred to the Department of Natural Re-

sources in section 1529 of this Act.

Section 1207. Additional Functions Transferred. The functions with respect to Water Supply Quality Control, contained in Ga. L. 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are transferred to the Department of Natural Resources in section 1530 of this Act.
Section 1208. Additional Functions Transferred. The functions with respect to oyster bed inspection, contained in Ga. L. 1955, pp. 483, 540 (Ga. Code Ann., sec. 45-92.6), are transferred to the Department of Natural Resources in section 1528 of this Act.

Section 1209. Additional Functions Transferred. The

I

functions of the Department of Public Health with respect

I

to solid waste management are transferred to the Depart-

ment of Natural Resources in section 1531 of this Act.

Section 1210. Additional Functions Transferred. The functions with respect to regulation of articles of bedding, contained in Ga. L. 1964, pp. 499, 552, et al, as amended (Ga. Code Ann. sec. 88-801, et seq.), are transferred to the Department Of Agriculture in section 503 of this Act.

Section 1211. Additional Functions Transferred. The ..
.::
34

functions with respect to regulation of canning factories and shucking plants, contained in Ga. L. 1955, pp. 483, 542 (Section 114) (Ga. Code Ann. sec. 45-931), are transferred to the Department of Agriculture in section 507 of this Act.
Section 1212. Division of Vocational RehabilitationFunctions Transferred. All of the functions of the Division of Vocational Rehabilitation, established in the State Board of Education by Ga. L. 1951, p. 516, as amended (Ga. Code Ann. sec. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this section shall be included in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Vocational Rehabilitation. Unless inconsistent with this Act, any reference in Georgia laws to the Division of Vocational Rehabilitation means the Department of Human Resources.
Section 1213. State Commission on Aging-Functions Transferred to Department. All of the functions of the State Commission on Aging, created in Ga. L. 1962, p. 604 (Ga. Code Ann. sec. 99-2602), except the policy-making functions transferred to the Board of Human ResourceR in section 1217 of this Act, are transferred to the Department of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the State Commission on Aging means the Department of Human Resources.
Section 1214. Additional Functions Transferred to Department. The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. L. 1970, pp. 321, 327, section 10(e) (Ga. Code Ann. sec. 40-2916(c)), are transferred to the Department of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the Department of Human Resources.
Section 1215. State Board for Children and YouthFunctions Transferred to Board. The policy-making func-
35

tions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81 (Ga. Code Ann. sec. 99-206(a)) are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the Board for Children and Youth with respect to its policymaking functions means the Board of Human Resources.
Section 1216. State Board of Education-Functions Transferred to Board. The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabilitation, contained in Ga. L. 1951, p. 516, et seq., as amended (Ga. Code Ann. sec. 32-2302, et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the State Board of Education or to the same body designated as the State Board of Vocational Education pertaining to policy-making functions with respect to the Division of Vocational Rehabilitation means the Board of Human Resources.
Section 1217. Commission on Aging-Functions Transferred to Board. The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604 (Ga. Code Ann. sec. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.
Section 1218. Commission on the Status of WomenContinued; Assigned. The Commission on the Status of Women, created in Ga. L. 1966, p. 605, is continued, and the Commission is assigned to the Department of Human Resources for administrative purposes only as prescribed in section 3 of this Act.
Section 1219. Council _on Aging-Creation. There is hereby created a Council on Aging within the Department.
Section 1220. Georgia Factory for the Blind-Continued; Transferred. The Georgia Factory for the Blind, created in Ga. L. 1937, p. 579, as amended (Ga. Code Ann. sec.
36

99-801), is continued and is transferred to the Department

_..

of Human Resources created in this Chapter.

Section 1221. Additional Functions Transferred. All of the functions of the Radiation Control Council, created in Ga. L. 1964, pp. 499, 568, as amended (Ga. Code Ann. sec. 88-1305), are transferred to the Department of Human Resources.

Section 1222. State Board of Family and Children Serv-

ices--Abolished. The State Board of Family and Children

Services, provided for in Ga. Laws 1937, p. 355, as amended

(Ga. Code Ann. sec. 99-104-106), is abolished and said

.. I
' .I

Act and all amendments thereto are hereby repealed.

Section 1223. Food Service Advisory Council-Abolished. The Food Service Advisory Council, created in Ga. L. 1964, pp. 499, 560, as amended (Ga. Code Ann. sec. 88-1005), is abolished, and said Act and all amendments thereto are hereby repealed.

Section 1224. Georgia Youth Council-Abolished. The Georgia Youth Council, created in Ga. L. 1966, p. 601 is abolished, and said Act and all amendments thereto are hereby repealed.

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Chapter 13. Department of Labor

I

.i

Section 1301. Department of Labor-Continued. The

Department of Labor, created by Ga. L. 1937, p. 230 (Ga.

Code Ann. sec. 54-102), and its functions are continued.

The Commissioner of Labor, provided for in Article V, Sec-

tion II, Paragraph I of the Constitution, shall continue to

be the department head and exercise those functions as-

signed to him by law.

Section 1302. State Board of Workmen's CompensationContinued. The State Boar<! of Workmen's Compensation, created in Ga. L. 1943, p. 167, as amended (Ga. Code Ann. sec. 54-108), and its functions are continued.

Section 1303. Director of Administration - Created. There is created the position of Director of Administration

37

I
)

under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Compensation subject to the approval of the Governor.

Chapter 14. Department of Law

Section 1401. Department of Law Continued; Head. The

Department of Law, created in Ga. L. 1943, p. 284, as

amended (Ga. Code Ann. sec. 46-1612), and its functions

are continued. The Attorney General as provided by the Con-

I

stitution, Article V, Section II, Paragraph I, is the depart-

I

ment head and shall exercise those functions authorized

J

by law.

Section 1402. State Library Transferred. The State Library, created in Ga. L. 1947, p. 1166 (Ga. Code Ann sec. 101-101) , is continued and transferred to the Depart ment of Law. The State Library shall be under the direction and supervision of the Attorney General.

Chapter 15. Department of Natural Resources

Section 1501. Department of Natural Resources-Created; Head.

(a) There is created a Department of Natural Resources.

(b) There is created the position of Commissioner of

Natural Resources. The Commissioner shall be both ap-

pointed and removed by the State Game and Fish Commis-

sion subject to approval of the Governor. Subject to the

general policy established by the State Game and Fish

I
.1

Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the func-

tions vested in the Department of Natural Resources by

this Act.

Section 1502. Department of Mines Functions Trans-

ferred. All of the functions of the Department of Mines,

-'(

Mining and Geology, created in Ga. L. 1937, p. 2.64, as

38

amended (Ga. Code Ann. sec. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Mines, Mining, and Geology means the Department of Natural Resources.

Section 1503. Department of State Parks-Functions .

Transferred. All of the functions of the Department of

State Parks, Historic Sites, and Monuments, created in

Ga. L. 1937, p. 264, as amended (Ga. Code Ann sec.

43-120 et al), and its units are transferred to the Depart-

ment of Natural Resources. Unless inconsistent with this

'I

Act, any reference in Georgia Laws to the Department

of Parks, Historic Sites, and Monuments means the Depart-

ment of Natural Resources.

Section 1504. State Division of Conservation-Functions Transferred. All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Ga. L. 1943, p. 180, as amended (Ga. Code Ann. sec. 43-101 et al), are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the State Division of Conservation or the Commissioner of Conservation means the Department of Natural Resources.

Section 1505. Chattahoochee River Basin Commission-

Functions Transfe.rred. All of the functions of the Georgia

Commission for the Development of the Chattahoochee

River Basin, created in Ga. L. 1967, p. 805, and its units

are transferred to the Department of Natural Resources.

Unless inconsistent with this Act, any reference in Geor-

I

gia Laws to the Georgia Commission for the Develop-

ment of the Chattahoochee River Basin means the Depart-

ment of Natural Resources.

Section 1506. Altamaha River Basin Commission-Functions- Transferred. All of -the functions of the Altamaha River Basin Commission, created in Ga. L. 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Altamaha River Basin Commission means the Department of Natural Resources.

39

Section 1507. Geo.rgia Recreation (A}mmission-Functions Transferred. All of the functions of the Georgia Recreation Commission, created in Ga. L. 1963, p. 445, as amended (Ga. Code Ann. sec. 99-2301 et al), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Recreation Commission means the Department of Natural Resources.
Section 1508. Ty Cobb Memorial Commission-Functions Transferred. All of the functions of the Ty Cobb Baseball Memorial Commission, created in Ga. L. 1962, p. 674, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Ty Cobb Baseball Memorial Commission means the Department of Natural Resources.
Section 1509. Surface Mined Land Use Board-Funct.ions Transferred. All of the functions of the Surface Mined Land Use Board, created in Ga. L. 1968, p. 9, as amended (Ga. Code Ann. sec. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Surface Mined Land Use Board means the Department of Natural Resources.
...li
Section 1510. Coastal Marshlands-Functions Transferred. All of the functions of the Coastal Marshlands Protection Agency, created in Ga. L. 1970, p. 939 (Ga. Code Ann. sec. 45-136), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Natural Resources.
Section 1511. Georgia Natural Areas Council-Functions Transferred. All of the functions of Georgia Natural Areas Council, created in Ga. L. 1969, p. 750, as amended (Ga. Code Ann. sec. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the
40

Georgia Natural Areas Council means the Department of Natural Resources.

Section 1512. Georgia Waterways Commission-Func-

tions Transferred. All of the functions of the Georgia

Waterways Commission, created in Ga. L. 1953, Nov.-Dec.

Sess., p. 67 (Ga. Code Ann. sec. 17-301), and its units are

transferred to the Department of Natural Resources. Un-

less inconsistent with this Act, any reference in Georgia

Laws to the Georgia Waterways Commission means the

Department of Natural Resources.

i

.I

I

Section 1513. North Georgia Mountains Commission-

i

Functions Transferred. All of the functions of the North

'I

Georgia Mountains Commission, created in Ga. L. 1968, p.

291 (Ga. Code Ann. se~. 99-2701 et al), and its units are

transferred to the Department of Natural Resources. Un-

less inconsistent with this Act, any reference in Georgia

'I,.

Laws to the North Georgia Mountains Commission means

the Department of Natural Resources.

Section 1514. Lake Lanier-Islands Development Commission-Functions Transferred. All of the functions of the Lake Lanier Islands Development Commission, created in Ga. L. 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Lake Lanier Islands Development Commission means the Department of Natural Resources.

Section 1515. Citizens Environmental Council-Func-

tions Transferred. All of the functions of the Citizens En-

:I

vironmental Council, created in Ga. L. 1971, p. 788, and

its units are transferred to the Department of Natural

Resources. Unless inconsistent with this Act, any reference

in Georgia Laws to the Citizens Environmental Council

j

means the Department of Natural Resources.

Section 1516. Rivers and Harbors Development Com mission-Functions Transferred. All of the functions of the Rivers and Harbors Development Commission, created in Ga. L. 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with

41

this Act, any reference in Georgia Laws to the Rivers and Harbors Development Commission means the Department of Natural Resources.
Section 1517. State Water Quality Control Board, Division for Georgia Water Quality Control-Functions Transferred. All of the functions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Ga. L . 1964, p. 416, as amended, (Ga. Code Ann. sec. 17-504), are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in .this Section and in Sections 1528 through 1531 to the Department of Natural Resources means the Department of Natural Resources.
Section 1518. Ocean Science Center of the AtlanticFunctio.ns Transferred. All functions of the Ocean Science Center of the Atlantic Commission, created in Ga. L. 1967, p. 12, as amended (Ga. Code Ann. sec. 43-1301, et a.l), except those functions transferred in sections 705 and 2203 of this Act, are transferred to the Department of Nat ural Resources.
Section 1519. Jekyll Island State Park Authority-Continued; Assigned. The Jekyll Island State Park Authority, created in Ga. L. 1950, p. 152, as amended (Ga. Code Ann. sec. 43-601a, et al), and its functions are continued. The Authority is assigned to the Department of Nat ural Resources for administrative purposes only as prescribed in section 3 of this Act.
Section 1520. Stone Mountain Memorial AssociatiollrContinued; Assigned. The Stone Mountain Memorial Association, created in Ga. L. 1958, p. 61, as amended, and its functions are continued. The Association is assigned to the Department of Natural- Resources for administrative purposes only as prescribed in section 3 of this Act.
......
Section 1521. Groveland Lake Develoipment AuthorityContinued; Assigned. The Groveland Lake Development Authority, created in Ga. L. 1969, p. 572, and its f unctions
42

are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in section 3 of this Act.
Section 1522. North Georgia Mountains AuthorityContinued; Assigned. The North Georgia Mountains Authority, created in Ga. L. 1968, p. 297, as amended (Ga. Code Ann. Ch. 99-32) , and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by section 3 of this Act.
Section 1523. Lake Lanier Islands Development Authority-Continued; Assigned. The Lake Lanier Islands Development Authority, created in Ga. L. 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed ih section 3 of this Act.
Section 1524. Kinchafoonee Lake Authority-Continued; Assigned. The Kinchafoonee Lake Authority, created in Ga. L. 1970, p. 3379, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by section 3 of this Act.
Section 1525. Bond Indebtedness. Nothing in this Act shall affect in any way the obligations of any authorities with respect to their bond indebtedness.
Section 1526. Herty Foundation Functions Continued; Assigned. The Herty Foundation, created in Ga. L. 1937-38 Ex. Sess. p. 191 (Ga. Code Ann. sec. 43-501) , and its functions are continued. The Foundation is assigned to the Department of Natural Resources for administrative purposes only as prescribed in section 3 of this Act.
Section 1527. State Game and Fish Commission,....-Continued. The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be
43

followed by the Department of Natural Resources. The

i
:...

operational, field, and administrative functions of the State Game and Fish Commission, set forth in Ga. L. 1955, p.

483, as amended (Ga. Code Ann. sec. 45-103 et al) , are

transferred to the Department of Natural Resources. The

State Game and Fish Commission shall have all the policy-

making functions previously granted by law to those agen-

cies whose functions are transferred to the Department of

Natural Resources by this Act.

Section 1528. Oyster Bed Inspection Functions Transferred. All functions pertaining to oyster bed inspection, Ga. L. 1955, p. 483 (Ga. Code Ann. sec. 45-926 et al), performed by the State Department of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Law to the functions transferred in this section means the Department of Natural Resources.

::.

Section 1529. Air Quality Control Functions Trans-

...'..

ferred. All functions related to Air Quality Control, Ga. L.

1967, p. 581, as amended (Ga. Code Ann. sec. 88-903 et al),

performed by the Department of Public Health and the

Board of Health are transferred to the Department of

Natural Resources. Unless inconsistent with this Act, any

reference in the Georgia Laws to the functions transferred

I

in this section means the Department of Natural Resources.

I

Section 1530. Water Supply Quality Control-Functions Transferred. All functions related to Water Supply Quality Control, Ga. L. 1964, p. 499 (Ga. Code Ann. sec. 88-2601 et al), performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the functions transferred in this section means the Department of Natural Resources.

Section 1531. Solid Waste Management-Functions Transferred. All of the functions related to Solid Waste Management performed by the Department of Public Health
;_;
and the Board of Health are transferred to the Department of Natural Resources.

44

Section 1532. Additional Functions. The Commissioner of the Department of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965", Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as established by the General Assembly of the State of Georgia, Ga. L. 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.

Section 1533. Compact Representation-Designation.

The Commissioner or his designated representative shall

I

represent the State in the Interstate Environmental Com-

pact, Ga. L. 1971, p. 194. The Commissioner or his desig-

nated representative shall be the Compact Administrator

for the State of Georgia to the Southeastern Interstate

Forest Fire Protection Compact, Ga. L. 1953, Nov.-Dec.

Sess., p. 49. The Commissioner or his designated represen-

tative shall. be a commissioner to the Atlantic States Marine

.:
.,

Fisheries Commission, Ga. L. 1955, p. 483.

H)

Section 1534. Division of Environmental Protection-

Created; Head; Functions Transferred. There is created

within the Department a Division of Environmental Protec-

tion. All of the functions transferred to the Department in

sections 1517, 1529, 1530, and 1531 of this Act and those

functions of the Georgia Surface Mined Land Use Board,

transferred to the Department in section 1509 of this Act,

relating to strip mining are hereby assigned to the Division

of Environmental Protection. The Division shall have a

Director who shall be both appointed and removed by the

State Game and Fish Commission with the approval of the

Commissioner of the Department. The position of Director

shall be included in the classified service. The Director of

the Division shall be responsible for enforcing the environ-

mental protection laws of Georgia, including those enumer-

ated above and any others which may be assigned to the

Division.

Chapter 16. Department of Public Safety

Section 1601. Department of Public Safety-Created. There is created a Department of Public Safety.

45

Section 1602. Commissioner of Public Safety-Created. There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Act, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer and execute the functions vested in the Department by this Act.
Section 1603. Department of Public Safety-Functions Transferred. All of the functions of the Department of Public Safety created in Ga. L. 1937, p. 322, as amended (Ga. Code Ann. sec. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in section 1609 of this Act, are transferred to the Department of Public Safety created in this Chapter. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.
Section 1604. Additional Functions Transferred to Department. The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles pursuant to Ga. L . 1931, Ex. Sess. pp. 99, 111 and Ga. L. 1931, pp. 199, 209 (Ga. Code Ann. sec. 68-251(a), 68-627 (a)), are transferred to the Department of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Act, any reference in Georgia Laws to the Public Service Commission relating to the performance of its vehicle safety inspection functions means the Department of Public Safety.
Section 1605. Office of Coordinator of Highway Safety -Continued; Renamed; Transferred. The office of Coordinator of Highway Safety provided for in Ga. L. 1967, pp. 708, 709 (Ga. Code Ann: section 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Commissioner of Public Safety who is hereby designated the Governor's Highway Safety Repre-
46

I
I
I
sentative. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Act, any reference in Georgia Laws to the COordinator of Highway Safety means the Office of Highway Safety.

Section 1606. Georgia Peace Officer Standards and Train-

ing Council Continued; Assigned. The Georgia Peace Of-

ficer Standards and Training Council, created in Ga. L.

1970, p. 208 (Ga. Code Ann. section 92A-2103 et seq.), and

its functions are continued. The Council is assigned to the

Department for administrative purposes only as prescribed

.,

in section 3 of this Act.

Section 1607. Georgia Police Academy Board-Functions Transferred to Peace Officer Standards and Training Council. All of the functions of the Georgia Police Academy Board, created in Ga. L. 1962, p. 535 (Ga. Code Ann. section 32-3201), are transferred to the Georgia Peace Officer. Standards and Training Council, provided for in section 1606 of this Act. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Police Academy Board means the Georgia Peace Officer Standards and Training Council.

Section 1608. Division of Investigation-Created. There is created a Division of Investigation within the Department. The division head shall be a Director who is appointed by and serves at the pleasure of the Board, and who reports directly to the Board. The functions enumerated in sections 1608.1 and 1608.2 shall be assigned to the Division of Investigation.

'.i

Section 1608.1. Functions Assigned to Division. The

.j

functions of the Bureau of Investigation, provided for in Ga. L. 1937, pp. 322, 340 (Ga. Code Ann. section 92A-301

.I

et seq.), and transferred to-the Department in section 1603

of this Act are assigned to the Division of Investigation.

, '

;-/ _.,

Section 1608.2. Functions Assigned to Division. The

functions of the said Crime Laboratory, referred to in Ga.

-.:
47

L. 1953, p. 602, as amended (Ga. Code Ann. section 21-203, et al.), and transferred to this Department in section 1603 of this Act are assigned to the Division of Investigation.
Section 1609. Function Transferred to Board. The policy-making functions of the Department of Public Safety, contained in Ga. L. 1937, p. 322, as amended (Ga. Code Ann. section 92A-101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Public Safety relating to its policy-making functions means the Board of Public Safety created in this Chapter.
Section 1610. Commission Abolished. The Georgia Study Commission on Law Enforcement Officer Standards and Education, created in Ga. L. 1968, p. 829, is abolished, and said Act and all amendments thereto are hereby repealed.
Section 1611. Committee Abolished. The Governor's Traffic Safety Study Committee, created in Ga. L. 1968, p. 1384, is abolished, and said Act and all amendments thereto are hereby repealed.
Chapter 17. Department of Revenue
Section 1701. Department of Revenue--Continued; Head. The Department of Revenue, created in Ga. L. 1937-38, Ex. Sess., p. 77 (Ga. Code Ann. section 92-8402), and its functions, except the motor fuel testing and pump calibration functions, the State Oil Chemist and his functions, both of which are transferred in sections 504 and 505 respectively of this Act to the Department of Agriculture and the motor vehicle tag inspection functions are motor carrier permit inspection functions, both of which are transferred to the Department of Transportation, in section 2007 of this Act, are continued as presently provided by law. The office of State Revenue Commissioner, created by Ga. L. 1937-38, Ex. Sess., p. 77- (Ga. Code Ann. section 92-8402), and other statutorily created offices of the Department, are continued. The State Revenue Commissioner shall be the Department head and shall continue to exercise his functions as provided by law.
48

-I :.1
_,;
-Section 1702. Board of Settlements and Compromises, provided for in Ga. L. 1953, p. 185 (Ga. Code Ann. section 92-8411.1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in section 3 of this Act.

Section 1703. Council to Investigate the Suspension of

the State Revenue Commissioner-Abolished. The Council

to Investigate the Suspension of the State Revenue Com-

.J

missioner, provided for in Ga. L. 1937-38 Ex. Sess., pp. 77,

80 (Ga. Code Ann. section 92-8403), and its functions are

abolished, and said Act and all amendments thereto are

hereby repealed.

Chapter 18. Secretary of State
.)
Section 1801. Secretary of State-Continued. The Secretary of State, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued except those functions enumerated in sections 1802 and 1803.

Section 1802. Functions Transferred. The functions of

..~

the Georgia Building and Loan Commissioner are trans-

ferred to the Department of Banking and Finance in sec-

tion 1104 of this Act.

Section 1803. Functions Transferred. Certain functions relating to Real Property Inventory are transferred to the Department of Administrative Services in section 409 of this Act. The Secretary of State shall retain the function of filing and retaining conveyances and plats.

I

Section 1804. Georgia Commission fo:r the National Bi-

J

centennial Celebration Continued; Assigned. The Georgia Commission for the National Bicentennial Celebration,

created in Ga. L. 1969, p. 1074, is continued and is assigned

,j

~to the Secretary of State for administrative purposes only

as .prescribed in section 3 of this Act.

Section 1805. Claims Advisory Board-Continued; Assigned. The Claims Advisory Board, created in Ga. L. 1963, p. 624 (Ga. Code Ann. section 47-504), and its functions are continued. The Claims Advisory Board is assigned to the

49

Secretary of State for administrative purposes only as prescribed in section 3 of this Act.
Chapter 19. State Scholarship Commission
Section 1901. State Scholarship Commission-Continued. The State Scholarship Commission, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued.
Section 1902. Georgia Higher Education Assistance Corporation Continued; Assigned. The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as prescribed in section 3 of this Act.
Section 1903. Georgia Higher Education Assistance Authority Continued; Assigned. The Georgia Higher Education Assistance Authority, created by Ga. L. 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Commission for administrative purposes only as prescribed in section 3 of this Act.
Section 1904. Georgia Higher Education Assistance Committee-Abolished. The Georgia Higher Education Assistance Committee, created in Ga. L. 1968, p. 1082 (Ga. Code Ann. section 32-3401), is abolished, and said Act and all amendments thereto are hereby repealed.
Chapter 20. Department of Transportation
Section 2001. Department of Transportation-Created; Head; Chief Executive Officer. There is created a Department of Transportation. The department head shall be the State Highway Board. The chief executive officer of the Department is the Dire.G_tor.
Section 2002. State Highway Board Continued; Functions. The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State Highway Board shall estab-
50

lish the general policies to be followed by the Department of Transportation.

Section 2003. Director of State Highway DepartmentContinued; Renamed Director of Department of Transportation. The position of Director of the State Highway Department of Georgia, created by Ga. L. 1963, p. 3, as amended (Ga. Code Ann. section 95-1602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unless inconsistent with this Act, any reference in Georgia La;ws to the Director of the State Highway Department of Georgia means the Director of the Department of Transportation created in this Act.

Section 2004. State Highway Department of Georgi~

Functions Transferred. All of the functions of the State

Highway Department of Georgia, created by Ga. L. 1919,

p. 244, as amended (Ga. Code Ann. Ch. 95-15), except the

self-insurance workmen's compensation functions trans-

ferred to the Department of Administrative Services in

section 406 of this Act, are transferred to the Department

.-.

of Transportation created in this Act. Unless inconsistent

with this Act, any reference in Georgia Laws to the State

.I

Highway Department of Georgia means the Department of

Transportation created in this Act.

Section 2005. Additional Functions Transferred. The

functions of the Department of Industry and Trade and the

Board of Commissioners of the Department of Industry and

Trade relating to airports, aviation, landing fields, other

aviation facilities, air routes and air markers, provided for

.l,

in Ga. L. 1949, p. 249, as amended (Ga. Code Ann. section 40-2107) and Ga. L. 1965, p. 105 (Ga. Code Ann. sec. 11-304,

305), are transferred to the Department. Unless inconsis-

tent with this Act, any reference in Georgia Laws to the

.!

Department of Industry and Trade or the Board of Com-

missioners of the Department of Industry and Trade relat-

ing to the functions transferred to the Department in this

section means the Department of Transportation created

in this Act.

Section 2006. Additional Functions Transferred. The

51

functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to the Metropolitan Atlanta Rapid Transit Authority, created by Ga. L. 1965, p. 2243, as amended, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the Department in this section means t he Department of Transportation created in this Act.
Section 2007. Additional Functions Transferred. The functions, except personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to the inspection of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

Section 2008. Air Transportation-Functions Transferred. All of the functions of the State Department of Air Transportation and the State Board of Air Transportation, created by Ga. L. 1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Department of Air Transportation or the State Board of Air Transportation means the Department of Transportation.

Chapter 21. Treasurer and Treasury Department

Section 2101. Treasurer and Treasury DepartmentContinued. The State Treasurer, provided for in Article V, Section II, Paragraph I of the Constitution, and the Treasury Department, provided for in Ga. L. 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued except those functions enumerated in sections 2102, 2103 and 2104.

Section 2102. Functions Transferred. The functions re-

lating to the payment of salaries and expense t o Judges

".

and District Attorneys are transferred to the Department

;

14; !

of Administrative Services in section 408 of this Act.

>.

Section 2103. Functions Transferred. The functions re-

52

lating to the distribution of State funds under the Minimum

,.. ~r

Foundation Program of Education Act are transferred to the Department of Education in section 1003 of this Act.

Section 2104. Functions Transferred. Certain functions are transferred to the Fiscal Division of the Department of Administrative Services in section 408B of this Act.

Chapter 22. Board of Regents of the University
System of Georgia
Section 2201. Board of Regents of the University System of Georgia-Continued. The Board of Regents of the University System of Georgia, provided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.

Section 2202. Regents of the Univerrsity System of Georgia-Continued. The Regents. of the University System of Georgia, created by Ga. L. 1931, p. 7 (Ga. Code Ann. sec. 32-101), and its functions are continued.

Section 2203. Ocean Science Center of the Atlantic Com-

mission-Functions Transferred. The functions of the

Ocean Science Center of the Atlantic Commission, provided

for in Ga. L. 1967, p. 12, as amended (Ga. Code Ann. sec.

43-1301), to establish and cause to be operated one or more

marine resources extension center and the Oceanographic

Research Center are transferred to the Board of Regents of

the University System of Georgia. Unless inconsistent with

this Act, any reference in Georgia Laws to the Ocean Sci-

.:

ence Center of the Atlantic Commission relating to the func-

I

tions transferred to the Board of Regents of the University

.J
I

System in this section means the Board of Regents of the

I

University System of Georgia.

Section 2204. Functions Transferred. All of the functions of .the Georgia Agrirama and the Georgia Agrirama Board of Governors, created by Ga. L. 1970, p. 568 (Ga. Code Ann. sec. 32-301a-304a), are transferred to the Board of Regents.
Section 2205; State Medical Education Board-Con-

53

tinued; Assigned. The State Medical Education Board,

:~.

creatE-d in Article VII, Section I, Paragraph II of the Con-

o; :

stitution, and its functions are continued. The Board is

~

assigned to the Board of Regents of the University System

of Georgia for administrative purposes only as prescribed

in section 3 of this Act.

Section 2206. Board of Regents of the University System of Georgia Scholarships Continued; Assigned. The Board of Regents of the University System of Georgia Scholarships, provided for in Article VII, Section I, Paragraph II of the Constitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

Chapter 23. State Department of Veterans Service

Section 2301. State Department of Veterans Service and Veterans Service Board Continued. The State Department of Veterans Service and the Veterans Service Board, created by Article V, Section VI, Paragraph I of the Constitution and their functions are continued. The Veterans Service Board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently appointed and all future appointments shall be made as provided by the Constitution.

Section 2302. Funetions Transferred. The functions of the State Department of Family and Children Services pertaining to the care of widows of Confederate veterans, as prescribed in Ga. L. 1946, p. 84 (Ga. Code Ann. sec. 35906), are transferred to the State Department of Veterans Service. Unless inconsistent with this Act, any reference in Georgia Laws to the State Department of Family and Children Services with !'espect to the functions transferred in this section mean.:; the State Department of Veterans Service.
Chapter 24. Additional Agencies Abolished
Section 2401. Commission of Constitutional Government

54

-Abolished. The Commission of Constitutional Government, created in Ga. L. 1959, pp. 5, 23, is abolished, and said Act and all amendments thereto are hereby repealed.

Section 2402. Govemo~'s Award for Heroism Committee-Abolished. The Governor's Award for Heroism Committee, created in Ga. L. 1970, p. 743, is abolished, and said Act and all amendments thereto are hereby repealed.

Section 2403. Georgia Interd,epartmental Council for the

Handicapped-Abolished. The Georgia Interdepartmental

Council for the Handicapped, created in Ga. L. 1968, p. 1079,

'I

is abolished, and said Act and all amendments thereto are

I

hereby repealed.

-.)

Section 2404. Forward Georgia Commission-Abolished.

The Forward Georgia Commission, created in Ga. L. 1968,

p. 980, is abolished, and said Act and all amendments

thereto are hereby repealed.

':~'

;l

Chapter 25. Additional Provisions

Section 2501. Classification of PosHions. The position of, or person occupying the position of, head of department or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Personnel Division of the Department of Administrative Services, the official of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environmental Protection Division of the Department of Natural Resources who shall be in the classified service. The position of head of department or division director of any agency created by the transfer of functions shall be new positions. The State Personnel Board shall adopt rules and regulations not inconsistent with this Act to effectuate the transfer of positions and personnel and the classification of such positions.

Section 2502. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 6, 1972.

55

No. 1490 (House Bill No. 1424) .
An Act to provide for the reorganization of certain functions within the Executive Branch of State Government; to define certain terms ; to provide for the creation of the Board of Human Resources; to provide for its membership and method of appointment; to provide for the election of a chairman of said Board ; to provide for the transfer of certain functions of the Department of Public Health and the Board of Health to the Department of Human Resources; to provide for the transfer of certain functions of the Board of Health to the Board of Human Resources; to provide for the assignment of the Hospital Advisory Council for Construction and Licensure to the Department of Human Resources for administrative purposes; to provide, with certain exceptions, for the Department of Human Resources to coordinate all programs conducted by State agencies with respect to drug and alcohol abuse; to provide for the creation of the Department of Offender Rehabilitation; to provide for the creation, membership and functions of the Board of Offender Rehabilitation; to provide for the continuation of the Board of Corrections and its functions; to provide for a Commissioner; to provide for the abolishment of the State Board of Probation and for the transfer of certain of its functions to the Board and Department of Off ender Rehabilitation; to provide for the assignment of the State Board of Pardons and Paroles to the Department of Offender Rehabilitation for administrative purposes; to provide for divisions within the Department of Offender Rehabilitation ; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The following terms when used in this Act shall have the following meanings:
(a) "Plan" means tlie Executive Reorganization Plan of 1972.
(b) The terms "function," "policy-making", "unit", and "agency" shall have the meanings ascribed to them in the Plan.
56

Section 2. There is hereby created a Board of Human Resources which shall establish the general policy to be followed by the Department of Human Resources created in the "Executive Reorganization Plan of 1972". Said Board of Human Resources shall consist of fifteen members with at least one but not more than two from each Congressional District in the State, appointed by the Governor and con.: firmed by the Senate. Seven members of the Board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Ga. L. 1913, p. 101, as amended (Ga. Code Chapter 84-9).

There shall be a Medical Nominating Commission to the

..,

Board of Human Resources. Such Medical Nominating

Commission shall consist of ten members, five of whom

shall be appointed by the Medical Association of Georgia

and five of whom shall be appointed by the Governor. Of

the initial membership of the Medical Nominating Com-

mission, three of the members appointed by the Medical

Association of Georgia and three of the members appointed

..

by the Governor shall serve for terms of two years each,

and all other members shall serve for four years each.

Thereafter, all members shall serve for terms of four

years each and until their successors are appointed and

qualified. No member of the Medical Nominating Commis-

sion shall be eligible to succeed himself. When a vacancy oc-

curs or a member ceases to possess the qualifications which

entitled him to be appointed as a member of such Com-

']

mission, the appointing authority shall select his successor

~.I

for the unexpired term. A majority of the Commission shall constitute a quorum. The Commission shall select one of

its members to serve as Chairman.

....:''

The Medical Nominating Commission shall submit nomi-

nations for each of the five positions of Board members

who are required to be licensed to practice medicine as

herein provided. In making its nominations, the Medical

Nominating Commission shall submit to the Governor for

each position the names of five (5) persons engaged pro-

fessionally in rendering health services and licensed to

practice medicine pursuant to Ga. L. 1913, p. 101, as

amended (Ga. Code Chapter 84-9). The Governor shall

57

choose from among such five (5) persons the individual to be appointed as a licensed medical practitioner to said Board of Human Resources. Nothing contained in this paragraph shall affect the right of the Governor to name and appoint the remaining ten (10) members of said Board of Human Resources or to designate the initial terms of all members of said Board.
The Governor shall designate the initial terms of the members of the Board as follows : three members shall be appointed for one year; three members shall be appointed for two years ; three members shall be appointed for three years; three members shall be appointed for four years; and three members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five year terms from the expiration of the previous term. Vacancies in office shall be filled by appointment of the Governor in the same manner as the appointment to the position on said Board which be<:omes vacant and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a va. caney, other than by expiration of a term of office, shall be for the balance of the unexpired term. There shall be a Chairman of the Board, ele<:ted by and from the membership of the Board, who shall be the presiding officer of the Board. Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the Board. The members of the Board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget conformably to rates and allowances set for members of other State boards.
Section 3. All of the functions of the Department of Public Health and the Board of Health, created in Ga. L. 1964, p. 499 et seq., as amended (Ga. Code Ann. sections 88-102 and 103), and -Of their units, except the policymaking functions of the Board of Health which are transferred in section 4 of this Act, and those functions enumerated in sections 1206.2 through 1206.8 of the Plan, are transferred to the Department of Human Resources. Any reference in Georgia Laws to the Department of Public
58

I
. )

Health and the Board of Health relating to the functions transferred in this Section means the Department of Human Resources.

Section 4. The policy-making functions of the Board of Health, created in Ga. L. 1964, p. 499 (Ga. Code Ann. sec. 88-104), are transferred to the Board of Human Resources. Any reference in Georgia Laws to the Board of Health with respect to its policy-making functions means the Board of Human Resources.

.,

Section 5. The Hospital Advisory Council for Construc-

I

tion and Licensure, created in Ga. L. 1968, p. 1421 (Ga.

I I
.- :1

Code Ann. sec. 88-2201), is continued, and the Council is assigned to the Department of Human Resources for ad-

ministrative purposes as prescribed in section 105 of the

Plan.

Section 6. All programs conducted by State agencies

with respect to drug and alcohol abuse, except the regula-

tion of the sale or dispensation of drugs and related prod-

ucts by the State Board of Pharmacy pursuant to Georgia

Laws, and the investigation of criminal conduct pertaining

to illegal drugs transferred to the Department of Public

Safety shall be coordinated by the Department of Human

Resources, provided, however, nothing in this Act shall

I
I

preclude or prohibit any other State agency from conduct-

ing an educational program relating to drug or alcohol

abuse.

Section 7. The five members of the Board of Human Resources who are licensed to practice medicine pursuant to Ga. L. 1913, p. 101, as amended (Ga. Code Chapter 849) shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the Department of Human Resources.

Section 8. No person now serving as head of any department or agency of State Government which is incorporated into or the functions of which are transferred to the Department of Human Resources shall be eligible for appoint ment as Commissioner of Human Resources prior to January 1, 1975.

59

.I

Section 9. There is hereby created the Department of Offender Rehabilitation.

Section 10. There is created a Board of Offender Re-

habilitation which shall establish the general policy to be

followed by the Department. The Board shall be composed

of nine members. Five of the members shall be the mem-

bers of the State Board of Corrections, created in Article

V, Section V, Paragraph I of the Constitution, serving in

an ex-officio capacity. They shall be appointed in the same

manner and for the same term with respect to their mem-

bership on both Boards. The other four members of the

Board of Offender Rehabilitation shall be appointed by the

Governor with the consent of the Senate for terms of four

years. The first appointment shall be for terms of one, two,

three and four years and their successors shall be ap-

pointed for terms of four years each. Nothing in this Act

shall alter the duties of the State Board of Corrections with

respect to the State penal institutions as provided in the

;...

~

Constitution.

Section 11. There is created the position of Commissioner of Offender Rehabilitation. The Commissioner shall be the chief administrative officer of the Department, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Act. The position of Director of Corrections, provided for in Article V, Section V, Paragraph I of the Constitution, is continued and the Director shall serve ex-officio as the Commissioner of Offender Rehabilitation until such time as the Constitution is amended to delete the reference to the Director of Corrections. Following such constitutional amendment, the Commissioner of Offender Rehabilitation shall be appointed as provided by statute.

Section 12. The State Board of Pardons and Paroles and its quasi-judicial functions, provided for in Article V, Section I, Paragraph XI of the Constitution, are continued. The Board is assigned to the Department of Offender Re-
60

:1
of the State Board of Corrections, shall administer the State's c~rrectional institutions and rehabilitative programs conducted therein. The Director of Corrections, pursuant
to the Constitution, shall be the administrative head of the Division.

Section 16. Section 2 of this Act shall be deemed to be

section 1202 of the Plan ; section 3 shall be deemed to be

... 1

section 1206 of the Plan ; section 4 shall be deemed to be

section 1213 of the Plan; section 5 shall be deemed to be

section 1220 of the Plan ; section 6 shall be deemed to be

section 1222 of the Plan; sections 9 through 15 of this Act

shall be deemed to be Chapter 15A of the Plan entitled "De-

partment of Offender Rehabilitation"; section 9 shall be

deemed to be section 1501A of the Plan; section 10 shall

be deemed to be section 1502A of the Plan; section 11 shall

be deemed to be section 1503A of the Plan; section 12 shall

be deemed to be section 1504A of the Plan ; section 13 shall

be deemed to be section 1505A of the Plan; section 14 shall

)

be deemed to be section 1506A of the Plan; section 15 shall

.,

be deemed to be section 1507A of the Plan ; and said sec-

tions and Chapters may be cited as so designated.

.j

Section 17. This Act shall become effective upon its ap-

proval by the Governor.

Section 18. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no matter affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase declared or adjudged invalid or unconstitutional were not originally a part thereof.

Section 19. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 6, 1972.

62

-
habilitation for administrative purposes only as prescribed in section 105 of the Executive Reorganization Plan of 1972. In addition to the salary provided by the Constitution and notwithstanding any other provision of this Act, the members of the State Board of Pardons and Paroles shall continue to receive the amount specified in Ga. L. 1956, p. 27, as amended (Ga. Code Ann. section 27-2703) , as supplementary compensation, and, in lieu of performing duties with respect to the Statewide Probation System, shall serve ex-officio in an advisory capacity to the Board of Offender Rehabilitation for which service they shall receive the supplementary compensation prescribed in the Statewide Probation Act.

Section 13. The State Board of Probation, created in

Ga. L. 1956, p. 27, as amended (Ga. Code Ann. section 27-

2703), is hereby abolished. The policy-making functions of

the State Board of Probation are transferred to the Board

of Offender Rehabilitation. Unles s inconsistent with this

Act, any reference in Georgia Laws to the State Board of

.<:

Probation pertaining to its policy-making functions means

the Board of Offender Rehabilitation. The administrative

functions of the State Board of Probation are transferred

to the Department of Offender Rehabilitation. Unless in-

consistent with this Act, any reference in Georgia Laws

to the State Board of Probation pertaining to its admin-

istrative functions means the Department of Offender Re-

habilitation.

Section 14. There is created within the Department of Offender Rehabilitation the Division of Community-Based Services. This Division shall administer the supervision of parolees, probationers, and other offenders who are being treated outside correctional institutions. The Director of the Division shall be appointed by the Commissioner of Offender Rehabilitation. Nothing in this Act shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act, Ga. L. 1956, pp. 27, 28 et seq. (Ga. Code Ann. section 27-2702 et seq.).

Section 15. There is created within the Department of
;..
Offender Rehabilitation the Division of Institutional Services. The Division, which shall be subject to the governance

61

Proposed Constitutional Amendments relating to reorganization and management improvement:

H. R. 629-1476-Resolution Act 255

Constitutional Amendment to change

name of Department of Industry and

..;

Trade to Department of Community

Development

H. R. 635-1488-Resolution Act 111
Constitutional Amendment to abolish State Board of Corrections

H. R. 717-1654-Resolution Act 112
Constitutional Amendment to change size of State Board of Pardons and Paroles

s. R. 215

-Resolution Act 262
Constitutional Amendment to change name of State Game and Fish Commission Board of Natural Resources

s. R. 295 -Resolution Act 248

. .I

;

Constitutional Amendment to change

State Highway Board to State

Transportation Board

S. R. 313

-Resolution Act 250
Constitutional Amendment to abolish office of State Treasurer

A list of additional statutes relating to reorganization and management improvement may be obtained upon request from the Office of Secretary of State.

64

-Other statutes relating to reorganization and manage-

.,

ment improvement:

~i

..;....

~:(~

H. B. 1691--Act 1526 Changes name of proposed De-

partment of Financial Regulation

to Department of Banking and

Finance

H. B. 1719-Act 1507 Authorizes the Department of Administrative Services to operate motor pool

H. B. 1925-Act 1543 Relates to Industry and Trade Board membership

S. B.

465-Act 1560

Changes the composition of the Georgia Educational Improvement Council and removes from Executive to Legislative Branch

S. B. 487-Act 1480 Authorizes the Department of Natural Resources to enforce the Coastal Marshlands Protection Act

S. B. 518-Act 1562 Provides for appointment of State Librarian by Attorney General instead of by the Governor

S. B. 538-Act 1166 Establishes the Cooperative Educational Services Agencies

S. B. 644-Act 1567 Creates the Division of Environmental Protection of the Department of Natural Resources

,,
.. '
63