Georgia § 20-1A-3 - Commissioner; board; duties and powers; salary; personnel; rules and regulations.

§ 20-1A-3. Commissioner; board; duties and powers; salary; personnel; rules and regulations.

There is created a Board of Early Care and Learning and a commissioner of early care and learning. The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term. The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. The board shall determine policies and promulgate rules and regulations for the operation of the department, including: Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), family day-care homes (now known as family child care learning homes), and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; and Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. The commissioner shall be the chief administrative and executive officer of the department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The commissioner shall be in the unclassified service as defined by Code Section 45-20-2 and shall receive a salary to be determined by the Governor. The commissioner shall have the authority to employ all personnel of the department, subject to the provisions of this chapter, all applicable provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board. (Code 1981, § 20-1A-3 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-9/HB 228; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-21/HB 642; Ga. L. 2013, p. 135, § 2/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-3/HB 553; Ga. L. 2020, p. 493, § 20/SB 429.) The 2015 amendment, effective January 1, 2016, in paragraph (d)(2), substituted "group day-care homes (now known as child care learning centers), family day-care homes (now known as family child care learning homes)" for "group day-care homes, family day-care homes". The 2019 amendment, effective July 1, 2019, added "and" at the end of paragraph (d)(2); deleted former paragraph (d)(3), which read: "Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and"; and redesignated former paragraph (d)(4) as present paragraph (d)(3). The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d). Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."