Georgia HB 579: Public Safety and Judicial Facilities Act; enact

Bill Text

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House Bill 579 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99
th, Hatchett of the 155
th, Wiedower of the 121
st, Prince
of the 132
nd, Fleming of the 114
th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
businesses, so as to revise provisions relating to licensure to engage in the practice of a2
profession, business, or trade in this state; to revise provisions relating to meetings of3
professional licensing boards; to revise provisions relating to the roster of licensees; to revise4
provisions relating to the duties of the division director; to provide for the review and5
granting of applications for the issuance, renewal, or reinstatement of licenses by the director6
of the professional licensing boards division; to revise provisions relating to the renewal of7
professional licenses; to revise provisions relating to the removal of members of a8
professional licensing board; to require that the rules and regulations promulgated by9
professional licensing boards be designed to protect the health, safety, and welfare of the10
public; to repeal provisions creating separate standards committees of the Georgia Composite11
Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to12
provide for an effective date; to provide for related matters; to repeal conflicting laws; and13
for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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PART I16
SECTION 1-1.17
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,18
is amended by revising Code Section 43-1-2, relating to appointment and powers of division19
director, members and meetings of professional licenses board, examination standards, roster20
of licensees, and funding, as follows:21
"43-1-2.22
(a)(1) There is created within the office of the Secretary of State the professional23
licensing boards division as successor to the office of the joint-secretary of the state24
examining boards. The Secretary of State is authorized and directed to appoint a director25
of the professional licensing boards division.26
(2) Any action of the joint-secretary taken with regard to any state examining board prior27
to July 1, 2000, shall thereafter be deemed to be action taken by the director of the28
professional licensing boards division and that division director shall thereafter act in the29
stead of such joint-secretary and succeed to the powers and duties of the joint-secretary30
with regard to those state examining boards. The rights, privileges, entitlements, or31
duties of parties to contracts, leases, agreements, or other transactions entered into by the32
joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or33
diminished by reason of the succession of the division director to the powers and duties34
of the joint-secretary.35
(b) The salary of the division director shall be fixed by the Secretary of State, and he or36
she shall hold office at the pleasure of the Secretary of State.37
(c) The Secretary of State, notwithstanding any other provisions of law to the contrary,38
shall employ personnel as deemed necessary to carry out this chapter and to provide for all39
services required by each of the professional licensing boards and shall establish within the40
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guidelines provided by the laws and rules and regulations of the State Personnel Board the41
qualifications of such personnel.42
(d) The division director, with the approval of the Secretary of State, notwithstanding any43
other provisions of law to the contrary, shall enter into such contracts as are deemed44
necessary to carry out this chapter to provide for all services required by each of the45
professional licensing boards.46
(e) The Secretary of State, notwithstanding any other provisions of law to the contrary,47
shall have the power to employ and shall set the qualifications and salary for a deputy48
division director and shall appoint executive directors as required who shall act in the49
absence of the division director and who shall perform such other functions of the division50
director under this chapter as the division director may designate. The deputy division51
director and executive directors as appointed shall be in the unclassified service and shall52
be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.53
(f) Notwithstanding any other provisions of law to the contrary, each member of the54
various professional licensing boards may receive the expense allowance as provided by55
subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a56
personal car as that received by all other state officials and employees or a travel allowance57
of actual transportation cost if traveling by public carrier within the state. Any boar