Bill Text: GA HB1092 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Georgia Sports Hall of Fame Authority; reconstitute governance; provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-02-09 - House Committee Favorably Reported [HB1092 Detail]
Download: Georgia-2009-HB1092-Introduced.html
Bill Title: Georgia Sports Hall of Fame Authority; reconstitute governance; provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-02-09 - House Committee Favorably Reported [HB1092 Detail]
Download: Georgia-2009-HB1092-Introduced.html
10 LC
14 0212
House
Bill 1092
By:
Representatives Cole of the
125th,
Peake of the
137th,
Epps of the
140th,
Sellier of the
136th,
Lucas of the
139th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to state authorities involved with conservation, natural
resources, and cultural activities, so as to reconstitute the governance of the
Georgia Sports Hall of Fame Authority; to provide for a new governing board for
the authority and its members and their appointments, terms, vacancies, duties,
and compensation; to provide for appropriate staff of the authority; to
authorize the board to create and enter into a nonprofit corporation to assist
with certain functions of the authority; to provide that the Georgia Sports Hall
of Fame Authority and the Georgia Music Hall of Fame Authority shall to the
maximum extent possible work jointly to realize efficiencies and economies in
the operation of their adjacent facilities; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating
to state authorities involved with conservation, natural resources, and cultural
activities, is amended by revising Code Section 12-3-562, relating to the
Georgia Sports Hall of Fame Authority, and adding a new Code Section 12-3-562.1
as follows:
"12-3-562.
(a)
There is created a body corporate and politic to be known as the Georgia Sports
Hall of Fame Authority which shall be deemed to be an instrumentality of the
State of Georgia and a public corporation; and by that name, style, and title
such body may contract and be contracted with, bring and defend actions, implead
and be impleaded, and complain and defend in all courts of this
state.
(b)(1)
The terms of all members of the authority who are in office on April 30,
1998
2010,
shall terminate on such
date, and
new members shall be appointed to the authority for initial terms beginning on
May 1, 1998, as specified in this subsection. From May 1, 1998, until January
1, 1999, the authority shall consist of 16 members. Thereafter, the authority
shall consist of 18 members
Effective May
1, 2010, the authority shall be under the governance of a new Georgia Sports
Hall of Fame Authority Board composed as provided in paragraph (2) of this
subsection.
(2)
Members shall be appointed as follows:
(A)
Three
Five
members shall be appointed by the Governor
for initial
terms of office ending on January 1,
1999;
(B)
Three members shall be appointed by the Governor for initial terms of office
ending on June 30, 2000;
(C)
Two members shall be appointed by the Governor for initial terms of office
ending on December 31, 2000;
(D)
Five members shall be appointed by the Governor for initial terms of office
ending on December 31, 2002;
(E)
One member shall be appointed by the President of the Senate for an initial term
of office ending on January 1, 1999;
(F)(B)
Two members shall be appointed by the President of the Senate
for initial
terms of office ending on December 31,
2002;
and
(G)
One member shall be appointed by the Speaker of the House of Representatives for
an initial term of office ending on January 1, 1999; and
(H)(C)
Two members shall be appointed by the Speaker of the House of
Representatives
for initial terms of office ending on December 31,
2002.
(3)
A successor
to each member shall be appointed by the same appointing official as provided in
paragraph (2) of this subsection, provided that the Governor shall appoint
successors for only two of the members appointed by the Governor with initial
terms ending on January 1, 1999. Following the initial terms specified in
paragraph (2) of this subsection, the terms of all members shall be four
years.
Each member
shall serve for a term of office concurrent with the term of office of the
appointing official, two years for appointees of the Speaker and four years for
the other members, except that the terms of the members appointed to take office
May 1, 2010, shall expire on December 31, 2011. A member may be appointed to
succeed himself or herself.
(4)
Any elected or appointed state, county, municipal, or school board official or
employee, except officials and employees of the legislative or judicial branches
of state government, may be appointed and serve as a member of the
authority
board.
(c)
Vacancies in office shall be filled in the same manner as original appointments.
An appointment to fill a vacancy shall be for the unexpired term. The
authority
board
shall elect its own officers. No vacancy on the
authority
board
shall impair the right of the quorum to exercise all rights and perform all
duties of the
authority
board.
(d)
The members of the
authority
board
shall receive for each day that such members are in attendance at a meeting of
the authority the same daily expense allowance and reimbursement for
transportation costs as provided for members of the General Assembly, as
provided for in Code Section 45-7-21; and the members of the
authority
board may be
reimbursed from funds of the authority for reasonable actual expenses incurred
in furtherance of official business of the board. Otherwise,
they shall not receive any other
compensation for their services as such.
(e)
The authority shall have perpetual existence. Any change in name or composition
of the authority shall in no way affect the vested rights of any person under
this part or impair the obligations of any contracts existing under this
part.
(f)
The members of the
authority
board
shall be accountable in all respects as trustees. The authority shall keep
suitable and proper books and records of all receipts, income, and expenditures
of every kind and shall submit for inspection all the books, together with the
proper statement of the authority's financial position, to the state
auditor.
(g)
The authority is assigned to the Department of Economic Development for
administrative purposes only.
(h)
The board shall appoint, with the consent of the commissioner of economic
development, appropriate staff as needed who shall be experienced and competent
in such areas as management, fund raising, and marketing. The staff shall serve
at the pleasure of the board and shall be compensated from funds of the
authority in such amount as shall be fixed by the board.
(i)
The board may create and may enter into cooperative agreements with a nonprofit
corporation to serve as a foundation to assist with the raising of funds and the
generation of revenues for the purposes of the authority.
12-3-562.1.
The
Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame
Authority shall to the maximum extent possible work jointly to realize
efficiencies and economies in the operation of their adjacent facilities. The
two authorities shall make all possible efforts to consolidate and coordinate
marketing, operational, maintenance, property management and other activities so
as to achieve such efficiencies and
economies."
SECTION
2.
Said
article is further amended by adding a new Code Section 12-3-522.1 to read as
follows:
"12-3-522.1.
The
Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame
Authority shall to the maximum extent possible work jointly to realize
efficiencies and economies in the operation of their adjacent facilities. The
two authorities shall make all possible efforts to consolidate and coordinate
marketing, operational, maintenance, property management and other activities so
as to achieve such efficiencies and
economies."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.