Bill Text: GA HB710 | 2009-2010 | Regular Session | Comm Sub
Bill Title: South Georgia Regional Information Technology Authority; change certain provisions
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2009-05-11 - Veto V6 [HB710 Detail]
Download: Georgia-2009-HB710-Comm_Sub.html
09
LC 25 5614S
House
Bill 710 (COMMITTEE SUBSTITUTE)
By:
Representatives Greene of the
149th,
Powell of the
171st,
and Dukes of the
150th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the South Georgia Regional Information Technology
Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain
provisions relating to a definition; to change certain provisions relating to
composition, terms, quorum, and voting; to change certain provisions relating to
powers of the authority; to change certain provisions relating to effects on
powers of local governments; to change certain provisions relating to immunity;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the South Georgia Regional Information Technology Authority,
approved May 29, 2007 (Ga. L. 2007, p. 4336), is amended by revising paragraph
(3) of subsection (a) of Section 1 as follows:
"(3)
'Project' means and includes the planning, design, acquisition, construction,
and equipping of communication cables, sleeves, and systems for the distribution
and sale of communication services to private and public users and consumers,
including but not limited to broadband, Internet, cable television, and
associated services to the state, counties, and municipalities within the
territorial boundaries of Baker, Calhoun, Early, Miller, Mitchell, and Seminole
counties, and additions and improvements to and extensions of such facilities
and the operation and maintenance of same."
SECTION
2.
Said
Act is further amended by revising subsections (b), (d), and (e) of Section 3 as
follows:
"(b)
The authority shall consist of 15 members as follows:
(1)
Two residents of Baker County appointed by the governing authority of Baker
County;
(2)
Two residents of Calhoun County appointed by the governing authority of Calhoun
County;
(3)
Two residents of Early County appointed by the governing authority of Early
County;
(4)
Two residents of Miller County appointed by the governing authority of Miller
County;
(5)
Two residents of Mitchell County appointed by the governing authority of
Mitchell County;
(5.1)
Two residents of Seminole County appointed by the governing authority of
Seminole County;
(5.2)
Two appointed by the governing body of the Flint River Soil and Water
Conservation District; and
(6)
One appointed by the other members of the authority.
Each
member shall serve for a four-year term and until a successor is appointed and
qualified, except for the members initially appointed as provided by this Act.
The initial members appointed under paragraphs (1), (3), and (5) of this
subsection shall serve for terms of four years each and until their successors
are appointed and qualified. The initial members appointed under paragraphs
(5.1) and (5.2) of this subsection shall serve for terms of four years each and
until their successors are appointed and qualified. The initial members
appointed under paragraphs (2), (4), and (6) of this subsection shall serve for
terms of two years each and until their successors are appointed and
qualified."
"(d)
A majority of the authority shall constitute a quorum, and any action may be
taken by the authority upon the affirmative vote of a majority of a quorum of
the members; provided, however, that the approval for the matters set forth in
subsection (e) of this section shall require the affirmative vote of at least
two-thirds of the members of the authority. No vacancy on the authority shall
impair the right of the quorum to exercise all the rights and perform all the
duties of the authority.
(e)
The matters requiring the affirmative votes of two-thirds of the members for
approval are as follows:
(1)
Amending the bylaws of the authority;
(2)
The purchase, sale, lease, exchange, or other disposition of real
property;
(3)
Issuance of revenue obligations or revenue bonds; or
(4)
Authorization of projects or undertakings as those terms are defined herein and
in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond
Law.'"
SECTION
3.
Said
Act is further amended by revising paragraph (3) of Section 4 as
follows:
"(3)
To acquire in its own name by purchase on such terms and conditions and in such
manner as it may deem proper, or by condemnation in accordance with the
provisions of any and all existing laws applicable to the condemnation of
property for public use, real property, rights, or easements therein or
franchises necessary or convenient for its corporate purposes, to use the same
so long as its corporate existence shall continue, and to lease or make
contracts with respect to the use of or to dispose of the same in any manner
deemed by the board to be to the best advantage of the authority, the authority
being under no obligation to accept and pay for any property condemned under
this Act except from the funds provided to the authority under this Act; and in
any proceedings to condemn, such orders may be made by the court having
jurisdiction of the suit, action, or proceedings as may be just to the authority
and to the owners of the property to be condemned; and no property shall be
acquired under the provisions of this Act upon which any lien or other
encumbrance exists, unless at the time such property is so acquired a sufficient
sum of money is deposited in trust to pay and redeem the fair value of such lien
or encumbrance. If the authority shall deem it expedient to construct any
project on any lands the title to which shall then be in Baker, Calhoun, Early,
Miller, Mitchell, or Seminole County, in any municipality incorporated in any
such county, or in the Flint River Soil and Water Conservation District, the
governing authority or body of such county or of any of such municipality or of
the conservation district is hereby authorized to convey title to such lands to
the authority upon payment for the credit of the general funds of such county or
municipality the reasonable value of such lands. The authority shall have the
nonexclusive right, easement, and franchise of laying communication cables along
the highways in Baker, Calhoun, Early, Miller, Mitchell, or Seminole County, or
in the corporate limits of any municipality incorporated in any such county,
without cost; provided, however, that the authority shall repair all damage done
by the authority by reason thereof;"
SECTION
4.
Said
Act is further amended by revising Section 31 as follows:
"SECTION
31.
This
Act does not in any way take from Baker, Calhoun, Early, Miller, Mitchell, or
Seminole County or any municipality located within any such county the power to
own, operate, and maintain communications systems or issue revenue certificates
as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
'Revenue Bond Law.'"
SECTION
5.
Said
Act is further amended by revising Section 32 as follows:
"SECTION
32.
The
authority shall be immune and exempt from liability for torts and negligence to
the same extent as Baker, Calhoun, Early, Miller, Mitchell, and Seminole
counties; and the officers, agents, and employees of the authority, when in the
performance of the work of the authority, shall be immune and exempt from
liability for torts and negligence to the same extent as employees of such
counties."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.