Bill Text: GA HB475 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Development Authorities Law; include facilities owned by public or private entity; amend definition

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2012-02-03 - Senate Read and Referred [HB475 Detail]

Download: Georgia-2011-HB475-Comm_Sub.html

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12 LC 28 5945S

House Bill 475 (COMMITTEE SUBSTITUTE)

By: Representatives Powell of the 171st, Roberts of the 154th, Rynders of the 152nd, Cheokas of the 134th, Meadows of the 5th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities; to provide that such term includes highway facilities, surface transportation projects, and projects that are related to transportation; to provide that a development authority shall have the unfettered authority to determine which definition of the term "project" applies to a particular project and that a project which involves a public body is comprised of both public and private components integrated to produce the desired purposes and will promote and develop trade, commerce, industry, or employment opportunities; to provide that such decision by the authority shall not be subject to review; to provide that a development authority shall have the authority to issue bonds to purchase or acquire a completed project and carry out such further construction or equipping that it may desire; to provide that an authority may issue bonds to construct, purchase, acquire, or equip a project for any purpose permitted by such chapter; to provide for severability in the event a portion of this Act is found to be unconstitutional; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," is amended by revising division (6)(H)(iii) of Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law," as follows:

"(iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing. As used in this division, the term 'mass commuting facilities' includes, without limitation, property, facilities, and related improvements owned, operated, leased, or held by:

(I) A private person or entity;

(II) A public entity, if the project is composed of both public and private components which are integrated so as to promote and develop some part or all of the public purposes of trade, commerce, industry, and employment opportunities; or

(III) A combination of a private person or entity and a public entity.

Such property, facilities, and related improvements may include, without limitation, highway facilities, surface transportation projects, and projects undertaken pursuant to Code Sections 32-2-79 and 32-2-80 that are necessary, convenient, or useful for or in connection with the transportation, exchange, or access of occupants; passengers; cargo or freight, whether by vehicle, bus, rail, or other mode of transportation; hand-carried packages; or baggage of an occupant or passenger, by any means including, without limitation, surface, overhead, or underground transportation;"

SECTION 2.

Said chapter is further amended in Code Section 36-62-6, relating to powers of authority generally, by redesignating current subsection (b) as new subsection (d) and by adding two new subsections to read as follows:

"(b) An authority may determine if any project should be exclusively classified under one of the definitions of the term 'project' under paragraph (6) of Code Section 36-62-2. An authority may also determine that a project which involves a public body is composed of both public and private components which are integrated so as to produce the desired purposes and will promote and develop some part or all of the public purposes of trade, commerce, industry, and employment opportunities. The authority's determination or determinations as to such matters shall be final for all purposes of this chapter and not subject to review.

(c) An authority may issue bonds which shall qualify as paying the cost of a project (1) to purchase or acquire a completed project and, if necessary, to carry out any further construction or equipping that it may desire; or (2) to construct, purchase, acquire, or equip a project, for any purpose permitted by this chapter, including, without limitation, for the purpose of the authority's leasing, selling, or placing under management any such project as provided in Code Section 36-62-7. The provisions of this subsection are a restatement of current law and shall not be construed to restrict the right of a person or entity to lease a project from an authority when such person or entity is the seller or builder of such project or when such bonds are issued to such person or entity."

SECTION 3.

Any part of this Act that is finally determined judicially to be unconstitutional or otherwise invalid shall be severed from this Act, and the remaining parts shall continue in full force and effect, the General Assembly declaring that it would have passed such remaining parts in any event.

SECTION 4.

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