12 SB
411/CSFA/2
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
AS
PASSED SENATE
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 for the
purposes of the authority, which purposes shall include the provision of
alternative and easier accessability to public records in the custody of each
sheriff's office throughout this state; to provide accessability to sheriffs'
records free of charge to law enforcement agencies and other state agencies; to
provide easier access to sheriffs' records for the general public at a
reasonable fee; to establish a state-wide computerized accessible repository of
sheriffs' public records not only for those offices that are currently able to
provide such an accessible repository but also and, in particular, for those
counties with fewer economic or technical resources; to provide for the
voluntary collection of sheriffs' records; to make available on a state-wide
basis services and resources to the offices of the sheriff; to provide a
collective representative body better able to negotiate favorable provisions for
contractual services for sheriff; to provide for the return of funds collected
to offset costs of operation and of providing training for sheriffs' offices
throughout this state; to provide for the membership of the authority; to
provide for the duties of the authority; to provide for legislative oversight of
fees charged; 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 related
matters; 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 establish a representative group able
to act on behalf of those sheriffs throughout this state who voluntarily
participate in such group and to provide on their behalf for:
(A)
The development, acquisition, and distribution of a public records management
system and a case records management system. Such systems shall contain only
records which are provided with the written consent of the submitting agency or
office;
(B)
The maintenance of a state-wide public safety information data base which shall
be made available to the public at a reasonable fee and made available to all
law enforcement agencies and state agencies free of charge; provided, however,
that nonpublic case file information or other information not subject to public
disclosure shall only be made available to approved law enforcement
agencies;
(C)
Consistent with the criminal justice laws of this state, the development of
uniform electronic monitoring services contracts which may be offered to local
sheriffs' offices in order to facilitate the cost-effective availability of such
monitoring services, particularly to areas of this state with fewer economic
resources; and
(D)
To develop, acquire, and distribute services, supplies, and materials, including
lifesaving equipment and training, 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 offices of the sheriff, local government, and this state, in light of the
following factors:
(i)
The public interest in providing cost-efficient and computerized access to
record management systems, public records information, and mass notification of
public safety resources in a more effective, faster, and uniform
manner;
(ii)
Cost savings to local government and the state through efficiency in the
provision of record management systems, information, and public safety related
data bases;
(iii)
Fair and adequate compensation to local governments for costs incurred in the
operation of the offices of sheriffs; and
(iv)
The degree to which information or a state-wide contract for equipment or
services may assist law enforcement agencies in preventing crime, solving crime,
and protecting the lives of peace officers.
(b)
All information provided to the authority shall be done on a voluntary basis.
The authority shall not be authorized to mandate the provision of any documents,
information, or collection of data from any source or entity. No records of any
agency shall be placed into the authority's data base without such agency's
written permission. The authority shall prescribe the manner and format in
which information shall be submitted to the authority.
(c)
The authority shall be the owner of information compiled or developed through
any function performed or any program or system administered by, or on behalf
of, the authority such that no private person or public entity shall be
authorized to sell or otherwise make available or distribute the data collected
and made available by the authority. Nothing contained in this Code section
shall be construed so as to prevent any agency, department, or other
governmental entity from collecting, selling, or disseminating data as otherwise
provided by law, and, specifically, the Department of Transportation shall
continue to be authorized to collect, sell, and disseminate accident reports as
provided in Article 2 of Chapter 9 of Title 40.
(d)
The authority shall be authorized to establish reasonable fees for records
provided to the public as provided in paragraph (6) of subsection (l) of this
Code section. The data base shall be available to law enforcement agencies and
state agencies free of charge; provided, however, that the authority shall not
be required to incur any additional expense as a result of an agency's request
for or access to the data base.
(e)
Only that information subject to release pursuant to the inspection of public
records provisions in Article 4 of Chapter 18 of Title 50 shall be released or
provided to the public. Nothing contained herein shall be construed so as to
modify or conflict with these open records provisions, and any information not
subject to public inspection under federal or state law shall be confidential
and not subject to public disclosure.
(f)
The authority shall consist of seven members as follows:
(1)
Two members to be appointed by the Governor who shall be duly elected Georgia
sheriffs. One of such members shall serve for an initial term of one year
beginning January 1, 2013, and until his or her respective successor is
appointed, and one of such members shall serve for an initial term of two years
beginning January 1, 2013, and until his or her respective successor is
appointed. Following the initial term, such members shall serve for terms of
two years;
(2)
One member to be appointed by the Lieutenant Governor who shall be a duly
elected Georgia sheriff. Such member shall serve for an initial term of two
years beginning January 1, 2013, and until his or her respective successor is
appointed. Following the initial term, such member shall serve for terms of two
years;
(3)
One member to be appointed by the Speaker of the House of Representatives who
shall be a duly elected Georgia sheriff. Such member shall serve for an initial
term of one year beginning January 1, 2013, and until his or her respective
successor is appointed. Following the initial term, such member shall serve for
terms of two years;
(4)
One member to be appointed by the Governor who shall be a member of the
executive board of the Georgia Sheriffs' Association or a similar state-wide
organization of sheriffs. Such member shall serve for an initial term of one
year beginning January 1, 2013, and until his or her respective successor is
appointed. Following the initial term, such member shall serve for terms of two
years;
(5)
One member to be appointed by the Governor who shall be a duly elected county
commissioner to serve for terms of two years, beginning January 1, 2013, and
until such member's respective successor is appointed; and
(6)
One member to be appointed by the Governor who shall be a duly elected superior
court judge to serve for terms of two years, beginning January 1, 2013, and
until such member's respective successor is appointed.
(g)
Each member of the authority 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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
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 duties 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 private 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; provided, however, that the authority
shall not be authorized to issue revenue bonds, refunding bonds, notes, interim
certificates, or any other type of or similar bonded indebtedness or evidences
of indebtedness of the authority;
(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.
(m)
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, state agency, 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.
(n)
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.
(o)
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.
(p)
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."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.