Bill Text: GA SB523 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2010-05-24 - Effective Date [SB523 Detail]
Download: Georgia-2009-SB523-Introduced.html
Bill Title: Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2010-05-24 - Effective Date [SB523 Detail]
Download: Georgia-2009-SB523-Introduced.html
10 SB
523/AP
Senate
Bill 523
By:
Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson
of the 51st
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to state authorities involved with conservation, natural
resources, and cultural activities, so as to reconstitute the governance of the
Georgia Sports Hall of Fame Authority; to provide for a new governing body for
the authority and its members and their appointments, terms, vacancies, duties,
and compensation; to provide for appropriate staff of the authority; to
authorize the authority to create and enter into a nonprofit corporation to
assist with certain functions of the authority; to provide that the Georgia
Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall
to the maximum extent possible work jointly to realize efficiencies and
economies in the operation of their adjacent facilities; to provide for requests
for proposals for new locations or alternative ownership, management and
operation at the same location; to rename the Georgia Music Hall of Fame
Authority Overview Committee and provide it with a legislative oversight
function with respect to both authorities named above; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating
to state authorities involved with conservation, natural resources, and cultural
activities, is amended by revising Code Section 12-3-562, relating to the
Georgia Sports Hall of Fame Authority, and adding a new Code Section 12-3-562.1
as follows:
"12-3-562.
(a)
There is created a body corporate and politic to be known as the Georgia Sports
Hall of Fame Authority which shall be deemed to be an instrumentality of the
State of Georgia and a public corporation; and by that name, style, and title
such body may contract and be contracted with, bring and defend actions, implead
and be impleaded, and complain and defend in all courts of this
state.
(b)(1)
The terms of all members of the authority who are in office on April 30,
1998
2010,
shall terminate on such
date, and
new members shall be appointed to the authority for initial terms beginning on
May 1, 1998, as specified in this subsection. From May 1, 1998, until January
1, 1999, the authority shall consist of 16 members. Thereafter, the authority
shall consist of 18 members
Effective July
1, 2010, the authority shall be under the governance of new members appointed as
provided in paragraph (2) of this
subsection.
(2)
Members shall be appointed as follows:
(A)
Three
Five
members shall be appointed by the Governor
for initial
terms of office ending on January 1,
1999;
(B)
Three members shall be appointed by the Governor for initial terms of office
ending on June 30, 2000;
(C)
Two members shall be appointed by the Governor for initial terms of office
ending on December 31, 2000;
(D)
Five members shall be appointed by the Governor for initial terms of office
ending on December 31, 2002;
(E)
One member shall be appointed by the President of the Senate for an initial term
of office ending on January 1, 1999;
(F)(B)
Two members shall be appointed by the President of the Senate
for initial
terms of office ending on December 31,
2002;
and
(G)
One member shall be appointed by the Speaker of the House of Representatives for
an initial term of office ending on January 1, 1999; and
(H)(C)
Two members shall be appointed by the Speaker of the House of
Representatives
for initial terms of office ending on December 31,
2002.
(3)
A successor
to each member shall be appointed by the same appointing official as provided in
paragraph (2) of this subsection, provided that the Governor shall appoint
successors for only two of the members appointed by the Governor with initial
terms ending on January 1, 1999. Following the initial terms specified in
paragraph (2) of this subsection, the terms of all members shall be four
years.
The members
appointed to take office on July 1, 2010, shall serve until December 31, 2011,
and until their respective successors are appointed and qualified. Successors
to such members shall be appointed to serve four-year terms of office and until
their respective successors are appointed and qualified. A member may be
appointed to succeed himself or herself.
(4)
Any elected or appointed state, county, municipal, or school board official or
employee, except officials and employees of the legislative or judicial branches
of state government, may be appointed and serve as a member of the
authority.
(c)
Vacancies in office shall be filled in the same manner as original appointments.
An appointment to fill a vacancy shall be for the unexpired term. The authority
shall elect its own officers. No vacancy on the authority shall impair the
right of the quorum to exercise all rights and perform all duties of the
authority.
(d)
The members of the authority shall receive for each day that such members are in
attendance at a meeting of the authority the same daily expense allowance and
reimbursement for transportation costs as provided for members of the General
Assembly, as provided for in Code Section 45-7-21; and the members of the
authority may
be reimbursed from funds of the authority for reasonable mileage expenses
incurred in furtherance of official business of the authority. Otherwise,
they shall not receive any other
compensation for their services as such.
(e)
The authority shall have perpetual existence. Any change in name or composition
of the authority shall in no way affect the vested rights of any person under
this part or impair the obligations of any contracts existing under this
part.
(f)
The members of the authority shall be accountable in all respects as trustees.
The authority shall keep suitable and proper books and records of all receipts,
income, and expenditures of every kind and shall submit for inspection all the
books, together with the proper statement of the authority's financial position,
to the state auditor.
(g)
The authority is assigned to the Department of Economic Development for
administrative purposes only.
(h)
The authority shall appoint, with the prior consent of the commissioner of
economic development, appropriate staff as needed who shall be experienced and
competent in such areas as management, fund raising, and marketing. The staff
shall serve at the pleasure of the authority and shall be compensated from funds
of the authority in such amount as shall be fixed by the authority.
(i)
The authority may create and may enter into cooperative agreements with a
nonprofit corporation to serve as a foundation to assist with the raising of
funds and the generation of revenues for the purposes of the
authority.
12-3-562.1.
The
Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame
Authority shall to the maximum extent possible work jointly to realize
efficiencies and economies in the operation of their adjacent facilities. The
two authorities shall make all possible efforts to consolidate and coordinate
marketing, operational, maintenance, property management and other activities so
as to achieve such efficiencies and economies. Not later than September 30,
2010, each such hall of fame authority shall issue a request for proposals for a
new location or alternative ownership, management and operation at the same
location for the respective hall of fame facility. Such requests for proposals
shall be disseminated to each county and municipal governing authority in the
state and shall require that any proposal be submitted not later than December
31, 2010. Any county or municipality wherein such a hall of fame authority is
located shall be eligible to submit a proposal; and it is the intention of the
General Assembly that such a proposal shall be required as a condition for
continued state funding support in a current location. Upon receipt of one or
more proposals, the hall of fame authority shall conduct a staff review of each
proposal received. A primary consideration in the review of the proposals shall
be the effect of each proposal on the current and future operating budgets of
the authority and self-sustainability of the authority, including a
determination of whether cost savings and operational efficiencies can be
effected through moving to a new location or alternative ownership, management
and operation at the same location as proposed. Upon completion of the staff
review, the findings shall be submitted to the governing body of the hall of
fame authority. Each hall of fame authority shall not later than April 30,
2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House
of Representatives, and the chairpersons of the Senate and House appropriations
committees a report detailing the activities of the authority with respect to
issuance of the request for proposals, receipt and evaluation of proposals, and
the decision of the authority with respect to acceptance of
proposals."
SECTION
2.
Said
article is further amended by adding a new Code Section 12-3-522.1 to read as
follows:
"12-3-522.1.
The
Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame
Authority shall to the maximum extent possible work jointly to realize
efficiencies and economies in the operation of their adjacent facilities. The
two authorities shall make all possible efforts to consolidate and coordinate
marketing, operational, maintenance, property management and other activities so
as to achieve such efficiencies and economies. Not later than September 30,
2010, each such hall of fame authority shall issue a request for proposals for a
new location or alternative ownership, management and operation at the same
location for the respective hall of fame facility. Such requests for proposals
shall be disseminated to each county and municipal governing authority in the
state and shall require that any proposal be submitted not later than December
31, 2010. Any county or municipality wherein such a hall of fame authority is
located shall be eligible to submit a proposal; and it is the intention of the
General Assembly that such a proposal shall be required as a condition for
continued state funding support in a current location. Upon receipt of one or
more proposals, the hall of fame authority shall conduct a staff review of each
proposal received. A primary consideration in the review of the proposals shall
be the effect of each proposal on the current and future operating budgets of
the authority and self-sustainability of the authority, including a
determination of whether cost savings and operational efficiencies can be
effected through moving to a new location or alternative ownership, management
and operation at the same location as proposed. Upon completion of the staff
review, the findings shall be submitted to the governing body of the hall of
fame authority. Each hall of fame authority shall not later than April 30,
2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House
of Representatives, and the chairpersons of the Senate and House appropriations
committees a report detailing the activities of the authority with respect to
issuance of the request for proposals, receipt and evaluation of proposals, and
the decision of the authority with respect to acceptance of
proposals."
SECTION
3.
Said
article is further amended by revising Part 11, relating to the Georgia Music
Hall of Fame Authority Overview Committee, as follows:
"12-3-550.
There
is created as a joint committee of the General Assembly the Georgia
Music Hall
of
Halls
of Fame Authority Overview Committee to be
composed of five members of the House of Representatives appointed by the
Speaker of the House and five members of the Senate appointed by the President
of the Senate. The members of the committee shall serve two-year terms
concurrent with their terms as members of the General Assembly. The chairman of
the committee shall be appointed by the President of the Senate from the
membership of the committee, and the vice chairman of the committee shall be
appointed by the Speaker of the House of Representatives from the membership of
the committee. The chairman and vice chairman shall serve terms of two years
concurrent with their terms as members of the General Assembly. Vacancies in an
appointed member's position or in the offices of chairman or vice chairman of
the committee shall be filled for the unexpired term in the same manner as the
original appointment. The committee shall periodically inquire into and review
the operations of the Georgia Music Hall of Fame Authority
and the
Georgia Sports Hall of Fame Authority, as
well as periodically review and evaluate the success with which
the
each
authority is accomplishing its statutory duties and functions as provided in
this
part
article.
12-3-551.
The
state auditor, the Attorney General, and all other agencies of state government,
upon request by the committee, shall assist the committee in the discharge of
its duties as set forth in this part. The committee may employ not more than
two staff members and may secure the services of independent accountants,
engineers, and consultants.
12-3-552.
The
Georgia Music Hall of Fame Authority
and the
Georgia Sports Hall of Fame Authority
shall cooperate with the committee, its authorized personnel, the Attorney
General, the state auditor, the state accounting officer, and other state
agencies in order that the charges of the committee, set forth in this part, may
be timely and efficiently discharged.
The
Each
authority shall submit to the committee such reports and data as the committee
shall reasonably require of
the
each
authority in order that the committee may adequately perform its functions. The
Attorney General is authorized to bring appropriate legal actions to enforce any
laws specifically or generally relating to the
Georgia
Music Hall of Fame Authority
two
authorities. The committee shall, on or
before the first day of January of each year, and at such other times as it
deems necessary, submit to the General Assembly a report of its findings and
recommendations based upon the review of the
Georgia
Music Hall of Fame Authority
two
authorities, as set forth in this
part.
12-3-553.
In
the discharge of its duties, the committee shall evaluate the performance of the
Georgia Music Hall of Fame Authority
and the
Georgia Sports Hall of Fame Authority
consistent with the following criteria:
(1)
Prudent, legal, and accountable expenditure of public funds;
(2)
Efficient operation; and
(3)
Performance of its statutory responsibilities.
12-3-554.
(a)
The committee is authorized to expend state funds available to the committee for
the discharge of its duties. Said funds may be used for the purposes of
compensating staff personnel, paying for services of independent accountants,
engineers, and consultants, and paying all other necessary expenses incurred by
the committee in performing its duties.
(b)
The members of the committee shall receive the same compensation, per diem,
expenses, and allowances for their service on the committee as is authorized by
law for members of interim legislative study committees.
(c)
The funds necessary for the purposes of the committee shall come from the funds
appropriated to and available to the legislative branch of
government."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.