Bill Text: GA SB411 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Georgia Sheriffs' Cooperative Authority; create

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2012-03-13 - House Second Readers [SB411 Detail]

Download: Georgia-2011-SB411-Introduced.html

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12 LC 35 2508ER

Senate Bill 411

By: Senators Grant of the 25th, Mullis of the 53rd, Hamrick of the 30th, Williams of the 19th, Goggans of the 7th and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to create the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a definition; to provide for the purposes of the authority; to provide for the membership of the authority; to provide for terms of the members; to provide for the administration of the authority; to provide for the powers of the authority; to provide for tax exempt status of the authority; to provide for jurisdiction of actions brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for liberal construction; to provide for related matters; to provide for the filing of proposed charges; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by adding a new Code section to read as follows:

"15-16-29.

(a)(1) There is established the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name, the authority may contract and be contracted with and bring and defend actions.

(2) As used in this Code section, the term 'authority' means the Georgia Sheriffs' Cooperative Authority.

(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, public safety related data bases, electronic monitoring of inmates and probationers, services, supplies, and materials for sheriffs of this state, on such terms and conditions as may be determined to be in the best interests of the operation of the office of the sheriff, local government, and the state, in light of the following factors:

(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials and a pool which will provide related resources and uniformity;

(B) Cost savings to local government and the state through efficiency in the provision of record management systems, information, public safety related data bases, electronic monitoring of inmates and probationers, services, supplies, and materials;

(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of sheriffs; and

(D) Such other factors as are in the public interest and welfare.

The authority shall be the sole owner of information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority.

(b) The authority shall consist of seven members as follows:

(1) Two members appointed by the president of the Georgia Sheriffs' Association to serve for a term of one year each and until their respective successors are appointed;

(2) Two members appointed by the executive board of the Georgia Sheriffs' Association to serve for a term of two years each and until their respective successors are appointed;

(3) One member appointed by the executive board of the Association County Commissioners of Georgia to serve for a term of three years and until such member's respective successor is appointed; and

(4) Two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed.

After the initial appointments, all members thereafter shall serve for terms of three years each.

(c) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.

(d) Four members of the authority shall constitute a quorum, and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.

(e) The authority may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. The executive director, with the concurrence and approval of the authority, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.

(f) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations.

(g) The authority shall have perpetual existence.

(h) The Attorney General shall provide legal services for the authority in the same manner provided for in Code Sections 45-15-13 through 45-15-16.

(i) The authority shall have the following powers:

(1) To have a seal and alter the same at its pleasure;

(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;

(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;

(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this Code section and to comply, subject to the provisions of this Code section, with the terms and conditions thereof;

(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments shall be authorized to enter into such contracts;

(6) To fix and collect fees and charges for data, media, and other services furnished by it to any individual or private entity; provided, however, that a schedule of proposed fees and charges shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate by January 2, 2013, and annually thereafter for such action as the General Assembly may desire to take thereon, if any;

(7) To deposit or otherwise invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;

(8) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and

(9) To do all things necessary or convenient to carry out the powers conferred by this Code section and to carry out such duties and activities as are specifically imposed upon the authority by law.

(j) The creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes, and in no event shall the authority assess a fee against a sheriff's office or local government of this state for access to the information compiled by the authority. The authority shall perform an essential government function in the exercise of the powers conferred upon it by this Code section. The authority shall not be required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision.

(k) Any action against the authority shall be brought in the superior court of the county in which its primary office is situated, and such court shall have exclusive, original jurisdiction of such actions; provided, however, that actions seeking equitable relief may be brought in the county of residence of any member of the authority.

(l) All money received by the authority pursuant to this Code section shall be deemed to be trust funds to be held and applied solely as provided in this Code section.

(m) The provisions of this Code section shall be deemed to provide an additional and alternative method for doing things authorized by this Code section and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.

(n) This Code section, being for the welfare of this state and its residents, shall be liberally construed to effect the purposes thereof."

SECTION 2.

On or before January 2, 2013, the Georgia Sheriffs' Cooperative Authority shall file with the Clerk of the House of Representatives and the Secretary of the Senate a schedule of proposed charges for information and services to be furnished.

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.