Georgia-2011-HB605-Introduced

To amend Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, so as to repeal the chapter; to abolish the Georgia Aviation Authority; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to transfer certain personnel, assets, and liabilities of the authority to the Department of Public Safety; to provide the department with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

On July 1, 2011, Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, is repealed in its entirety and the Georgia Aviation Authority is abolished.

Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by adding a new article to read as follows:

(a)(1) On and after July 1, 2011, the Department of Public Safety shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft.

(2) All aircraft owned or operated as of July 1, 2011, by the Georgia Aviation Authority shall be transferred on that date to the custody and control of the Department of Public Safety; provided, however, that this article shall have no application to aircraft owned or operated by the Department of Defense. On and after July 1, 2011, no other entity of state government shall acquire, lease, or charter any aircraft other than through the Department of Public Safety.

(3) Any person who is employed by an entity of state government other than the Department of Public Safety or the Georgia Aviation Authority as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act,' and was transferred to the Georgia Aviation Authority for administrative purposes shall remain in the employment of the employing agency but shall be transferred for administrative purposes only to the Department of Public Safety on July 1, 2011. The Department of Public Safety shall determine which, if any, of the other employees of the Georgia Aviation Authority it desires to employ on and after July 1, 2011.

(4) All property, real and personal, funds, accounts receivable, contracts, liabilities, and obligations as well as all appropriated funds of the Georgia Aviation Authority as of July 1, 2011, shall become the property, funds, accounts receivable, contracts, liabilities, and obligations and appropriated funds of the Department of Public Safety on such date.

(5) All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the Department of Public Safety. The cost for the use of such state aircraft shall be charged by the department to the using state entity. The amount of such charge shall be determined by the department. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets.

(b) The Department of Public Safety shall have the power to:

(1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;

(2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations;

(3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards;

(4) Develop an accountability system for state aviation operations and activities;

(5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities; develop an appropriate billing structure; and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency;

(6) Retain appropriate external consulting and auditing expertise;

(7) Engage aviation industry representatives to ensure best practices for state aviation assets;

(8) Delegate certain powers pursuant to this article to other state entities; and

(9) Otherwise implement appropriate and efficient management practices for state aviation operations.

(c) The Department of Public Safety shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations. No state entity other than the Department of Public Safety shall be authorized without the approval of the Department of Public Safety to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft."