HB 1419 - State Housing Trust Fund for the Homeless; amend

Georgia House of Representatives - 1995/1996 Sessions

HB 1419 - State Housing Trust Fund for the Homeless; amend

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15
Code Sections - 8-3-301/ 8-3-306/ 50-8-4/ 50-8-17/ 50-26-5/ 50-26-22
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1. Baker  70th            2. Orrock  56th            3. Bordeaux  151st

House Comm: SPCA / Senate Comm: EDT&C / House Vote: Yeas 151 Nays 6 Senate Vote: Yeas 47 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 1/23/96 Read 1st Time 2/6/96 1/24/96 Read 2nd Time 2/12/96 1/29/96 Favorably Reported 2/9/96 Sub Committee Amend/Sub 2/5/96 Read 3rd Time 3/7/96 2/5/96 Passed/Adopted 3/7/96 CSFA Comm/Floor Amend/Sub 4/4/96 Sent to Governor 4/9/96 Signed by Governor 877 Act/Veto Number 7/1/96 Effective Date ---------------------------------------- Rules Suspended to Introduce Postponed by the House 2/2 Until 2/5/96 Code Sections amended: 8-3-301, 8-3-306, 8-3-308, 8-3-310, 50-8-3, 50-8-4, 50-8-9, 50-8-17, 50-26-5, 50-26-8, 50-26-9, 50-26-22
HB 1419 H. B. No. 1419 (CSFA) H. B. No. 1419 (AM) By: Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 5 of Chapter 3 of Title 8 of the Official 1- 2 Code of Georgia Annotated, known as the "State Housing Trust 1- 3 Fund for the Homeless Act," so as to revise definitions; to 1- 4 change the membership of the State Housing Trust Fund for 1- 5 the Homeless Commission; to authorize the commission to 1- 6 contract with the Department of Community Affairs; to change 1- 7 provisions concerning meetings; to provide that funds may be 1- 8 disbursed to pay for certain services provided by the 1- 9 Department of Community Affairs; to provide that the 1-10 department may accept and disburse federal funds related to 1-11 housing programs; to amend Article 1 of Chapter 8 of Title 1-12 50 of the Official Code of Georgia Annotated, relating to 1-13 the Department of Community Affairs, so as to require the 1-14 department to assist the Georgia Housing and Finance 1-15 Authority; to change the terms and composition of the Board 1-16 of Community Affairs; to change the time in which officers 1-17 are elected; to provide for a quorum; to provide for an 1-18 expense allowance for a committee meeting of the board; to 1-19 grant the department the power to enter into contracts and 1-20 to undertake programs with the Georgia Housing and Finance 1-21 Authority; to provide that employees of the department shall 1-22 serve in the unclassified service of the state merit system 1-23 and that current classified employees can elect to remain in 1-24 the classified service unless promoted or transferred to 1-25 another position; to amend Chapter 26 of Title 50 of the 1-26 Official Code of Georgia Annotated, relating to the Housing 1-27 and Finance Authority, so as to change the composition and 1-28 terms of the members of the authority; to provide for the 1-29 election of officers; to provide for an allowance for 1-30 certain transportation expenses; to prohibit an expense 1-31 allowance for an authority member entitled to such an 1-32 allowance for performing duties as a member of the Board of 1-33 Community Affairs; to provide for the delegation of certain 1-34 powers and duties to its executive director; to provide for 1-35 the commissioner of the Department of Community Affairs to 1-36 serve as the executive director; to authorize the executive 1-37 director to appoint other personnel; to provide for the H. B. No. 1419 (SUB) -1- (Index) H. B. No. 1419 (CSFA) 2- 1 power to contract with the Department of Community Affairs 2- 2 for support or for any purpose necessary or incidental to 2- 3 carrying out or performing its duties; to provide that no 2- 4 part of the assets of the authority shall be distributed to 2- 5 the Department of Community Affairs except under limited 2- 6 circumstances; to provide that the authority will be exempt 2- 7 from sales and use taxes on property purchased or for use by 2- 8 the authority; to provide that all personnel positions 2- 9 authorized by the authority in fiscal year 1996 shall be 2-10 transferred to the Department of Community Affairs; to 2-11 provide an effective date; to repeal conflicting laws; and 2-12 for other purposes. 2-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 2-14 Article 5 of Chapter 3 of Title 8 of the Official Code of 2-15 Georgia Annotated, known as the "State Housing Trust Fund 2-16 for the Homeless Act," is amended by striking Code Section 2-17 8-3-301, relating to definitions, and inserting in lieu 2-18 thereof the following: 2-19 "8-3-301. (Index) 2-20 As used in this article, the term: 2-21 (1) 'Authority' means the Georgia Housing and Finance 2-22 Authority created in Code Section 50-26-5. 2-23 (2)(1) 'Commission' means the State Housing Trust Fund 2-24 for the Homeless Commission created in Code Section 2-25 8-3-306. 2-26 (8)(2) 'Homeless' means persons and families who have no 2-27 access to or can reasonably be expected not to have 2-28 access to either traditional or permanent housing which 2-29 can be considered safe, sanitary, decent, and 2-30 affordable. 2-31 (3) 'Low-income persons' means persons or families who 2-32 lack the income necessary, as determined solely by the 2-33 commission, to enable them, without financial 2-34 assistance, to secure safe, sanitary, decent, and 2-35 affordable housing. 2-36 (4) 'Member' means a member appointed to serve on the 2-37 State Housing Trust Fund for the Homeless Commission. H. B. No. 1419 (SUB) -2- (Index) H. B. No. 1419 (CSFA) 3- 1 (5) 'Qualified sponsor' means a nonprofit, for profit, 3- 2 or governmental sponsor of a residential housing 3- 3 project. 3- 4 (6) 'Residential housing project' means a program 3- 5 designed to enhance residential housing opportunities 3- 6 for low-income persons. Such projects include, but are 3- 7 not limited to, financing in whole or in part the 3- 8 acquisition, rehabilitation, improvement, or 3- 9 construction of residential rental housing and interest 3-10 rate or down payment assistance programs designed to 3-11 enhance home ownership opportunities. 3-12 (7) 'Trust fund' means the State Housing Trust Fund for 3-13 the Homeless created in Code Section 8-3-302." SECTION 2. 3-14 Said article is further amended by striking Code Section 3-15 8-3-306, relating to the establishment of the State Housing 3-16 Trust Fund for the Homeless Commission, and inserting in 3-17 lieu thereof the following: 3-18 "8-3-306. (Index) 3-19 (a) There is established the State Housing Trust Fund for 3-20 the Homeless Commission which shall consist of nine 3-21 members. Two of the nine members shall be the executive 3-22 director of the Georgia Housing and Finance Authority 3-23 commissioner of the Department of Community Affairs, or 3-24 his or her designee, and either the chairperson of the 3-25 Georgia Housing and Finance Authority board of directors 3-26 of the Department of Community Affairs or a member of the 3-27 board of directors of the Georgia Housing and Finance 3-28 Authority Department of Community Affairs designated by 3-29 the chairperson. The Governor shall appoint the remaining 3-30 seven public members. The public members shall be 3-31 knowledgeable in the area of housing and, to the extent 3-32 practicable, shall represent diverse housing concerns. 3-33 Public members shall serve for a term of four years except 3-34 that initial appointments shall be staggered as follows: 3-35 three of the appointees shall serve an initial term of 3-36 four years and four of the appointees shall serve an 3-37 initial term of two years. Public members shall continue 3-38 in office until their successors have been appointed and 3-39 qualified. In the event of a vacancy in the office of a 3-40 public member by death, resignation, or otherwise, the 3-41 Governor shall appoint a successor to serve the balance of 3-42 the unexpired term. Membership on the commission does not H. B. No. 1419 (SUB) -3- (Index) H. B. No. 1419 (CSFA) 4- 1 constitute public office, and no member shall be 4- 2 disqualified from holding public office by reason of his 4- 3 or her membership. 4- 4 (b) The commission shall elect a chairperson who shall 4- 5 serve in that position for a term of two years. The 4- 6 commission shall elect such other officers and appoint 4- 7 committees as it deems appropriate. 4- 8 (c) The commission shall hire no staff but shall contract 4- 9 with the Georgia Housing and Finance Authority Department 4-10 of Community Affairs for professional, technical, and 4-11 clerical support from the Georgia Housing and Finance 4-12 Authority Department of Community Affairs as required. In 4-13 the event that the Georgia Housing and Finance Authority 4-14 Department of Community Affairs is unable to provide the 4-15 professional, technical, or clerical services required, 4-16 the commission may hire outside consultants on a specified 4-17 project basis. 4-18 (d) Any and all appropriations made to the trust fund 4-19 pursuant to the general appropriations Act or the 4-20 supplemental appropriations Act shall be directed through 4-21 the Department of Community Affairs. The commission shall 4-22 submit its budget to and through the Department of 4-23 Community Affairs." SECTION 3. 4-24 Said article is further amended by striking paragraph (1) of 4-25 Code Section 8-3-308, relating to the duties of the 4-26 Commission, and inserting in lieu thereof a new paragraph 4-27 (1) to read as follows: 4-28 "(1) Meet at such times and places as it shall determine 4-29 necessary or convenient to perform its duties. The date 4-30 for the first meeting shall be at the call of the 4-31 chairperson of the board of directors of the Georgia 4-32 Housing and Finance Authority;". SECTION 4. 4-33 Said article is further amended by striking subsection (b) 4-34 of Code Section 8-3-310, relating to authorized 4-35 disbursement, and inserting in lieu thereof a new subsection 4-36 (b) to read as follows: 4-37 "(b) Funds may also be disbursed from the trust fund to 4-38 pay expenses of the commission, to pay any and all 4-39 operating expenses, and to pay for professional, H. B. No. 1419 (SUB) -4- (Index) H. B. No. 1419 (CSFA) 5- 1 technical, and clerical services provided the commission 5- 2 by the Georgia Housing and Finance Authority Department of 5- 3 Community Affairs or by other outside sources." SECTION 5. 5- 4 Article 1 of Chapter 8 of Title 50 of the Official Code of 5- 5 Georgia Annotated, relating to the Department of Community 5- 6 Affairs, is amended by striking subsection (b) of Code 5- 7 Section 50-8-3, relating to the duties of the department, 5- 8 and inserting in lieu thereof a new subsection (b) to read 5- 9 as follows: 5-10 "(b) The department shall serve as the principal 5-11 department in the executive branch of state government for 5-12 local government affairs. The department shall perform the 5-13 state's role in local government affairs by carrying out 5-14 the state's duties, responsibilities, and functions in 5-15 local government affairs and by exercising its power and 5-16 authority in local government affairs. Without limiting 5-17 the generality of the purposes served by the department, 5-18 the department shall: 5-19 (1) Develop, promote, sustain, and assist local 5-20 governments; 5-21 (2) Provide a liaison between local governments and 5-22 other governments, including the state government and 5-23 the federal government; 5-24 (3) Act as the state's principal department for local 5-25 government affairs and local government services 5-26 generally and for programs, functions, and studies in 5-27 local government affairs and local government services 5-28 and act as the coordinator on the state government level 5-29 for such programs, studies, and functions provided by 5-30 the department and for those provided by others; 5-31 (4) Act as the state's principal department for 5-32 developing, promoting, maintaining, and encouraging 5-33 coordinated and comprehensive planning; 5-34 (5) Develop, promote, sustain, and assist local 5-35 governments in the performance of their duties and 5-36 responsibilities under law to their citizens, including 5-37 among such duties and responsibilities of local 5-38 governments coordinated and comprehensive planning; the 5-39 provision of infrastructure and other public works and 5-40 improvements; the development, promotion, and retention 5-41 of trade, commerce, industry, and employment H. B. No. 1419 (SUB) -5- (Index) H. B. No. 1419 (CSFA) 6- 1 opportunities; the provision of transportation systems; 6- 2 and the promotion of housing supply; and 6- 3 (6) Serve as the representative of the Governor to local 6- 4 governments and in local government affairs on a regular 6- 5 basis and on special assignments as authorized by the 6- 6 Governor.; and 6- 7 (7) Assist the Georgia Housing and Finance Authority for 6- 8 any purpose necessary or incidental in the 6- 9 administration and performance of the Georgia Housing 6-10 and Finance Authority's duties, powers, 6-11 responsibilities, and functions as provided in Chapter 6-12 26 of Title 50." SECTION 6. 6-13 Said article is further amended by striking Code Section 6-14 50-8-4, relating to the Board of Community Affairs, and 6-15 inserting in lieu thereof the following: 6-16 "50-8-4. (Index) 6-17 (a) The Board of Community Affairs, as it existed 6-18 immediately prior to July 1, 1989 1996, shall be abolished 6-19 effective July 1, 1989 1996, and the Board of Community 6-20 Affairs, from and after July 1, 1989 1996, is established 6-21 in accordance with this Code section. The board shall 6-22 establish policy and direction for the department and 6-23 shall perform such other functions as may be provided or 6-24 authorized by law. 6-25 (b) Membership on the board shall be determined as 6-26 follows: 6-27 (1) The terms of all members of the Board of Community 6-28 Affairs serving immediately prior to July 1, 1989 1996, 6-29 shall expire effective July 1, 1989 1996. The Governor 6-30 shall appoint the initial members of the board for terms 6-31 beginning on July 1, 1989 1996, or the date on which the 6-32 Governor makes the appointment, whichever is later. The 6-33 terms of initial members of the board shall expire on a 6-34 staggered basis, as follows: the terms of three four of 6-35 the members shall expire on July 1, 1990 1997, and the 6-36 terms of three other members shall expire on each July 1 6-37 thereafter through July 1, 1994 2001, when the terms of 6-38 all initial members of the board shall have expired. The 6-39 Governor shall specify, when he appoints each initial 6-40 member of the board, the expiration date of that 6-41 member's term. Upon expiration of the term of each H. B. No. 1419 (SUB) -6- (Index) H. B. No. 1419 (CSFA) 7- 1 initial member of the board, the Governor shall appoint 7- 2 all successor members of the board for terms of five 7- 3 years. The terms of initial members and subsequent 7- 4 members of the board shall extend beyond the date of 7- 5 expiration and until their successors are appointed and 7- 6 qualified; 7- 7 (2) The board shall be composed of one member from each 7- 8 United States congressional district in the state and 7- 9 five additional members from the state at large. The 7-10 membership of the board shall include, at all times, not 7-11 less than eight members who are elected officials of 7-12 either counties or municipalities. In appointing members 7-13 who are elected officials of municipalities, the 7-14 Governor may consult with and seek recommendations from 7-15 the Georgia Municipal Association. In appointing members 7-16 who are elected officials of counties, the Governor may 7-17 consult with and seek recommendations from the 7-18 Association County Commissioners of Georgia. The 7-19 remaining members shall be appointed by the Governor, in 7-20 the Governor's discretion, from the state at large and 7-21 need not be elected officials. These remaining members 7-22 may be elected or appointed officials of local 7-23 governments, citizens concerned with environmental 7-24 issues, citizens interested in development, or other 7-25 citizens who, in the judgment and discretion of the 7-26 Governor, would enhance the board by their membership 7-27 Members of the board shall include elected officials of 7-28 either counties or municipalities, individuals who have 7-29 an interest or expertise in community or economic 7-30 development, environmental issues, housing development, 7-31 or finance, or other citizens who in the judgment and 7-32 discretion of the Governor would enhance the board by 7-33 their membership; 7-34 (3) The term of a member shall expire when it ends or 7-35 shall terminate earlier immediately upon: 7-36 (A) Resignation by a member; 7-37 (B) Death of a member or inability to serve as a 7-38 member due to medical infirmity or other incapacity; 7-39 or 7-40 (C) Any change in local elective office or residence 7-41 of a member which would cause the composition of the 7-42 board not to comply with the requirements of paragraph 7-43 (2) of this subsection; H. B. No. 1419 (SUB) -7- (Index) H. B. No. 1419 (CSFA) 8- 1 (4) The Governor shall appoint a new member within 60 8- 2 days after the expiration or termination of a member's 8- 3 term. The Governor may reappoint members of the board to 8- 4 consecutive terms unless such reappointment would cause 8- 5 the composition of the board not to comply with the 8- 6 requirements of paragraph (2) of this subsection; and 8- 7 (5) Membership on the board does not constitute public 8- 8 office to the extent that a member of the board is 8- 9 precluded from holding other public office. 8-10 (c) Officers of the board shall be elected and shall serve 8-11 as follows: 8-12 (1) The officers of the board serving immediately prior 8-13 to July 1, 1989 1996, shall cease to serve the 8-14 respective terms for which they were elected, effective 8-15 July 1, 1989 1996; 8-16 (2) Thereafter the members of the board shall elect a 8-17 chairman, a vice chairman, and a secretary from among 8-18 the members of the board; 8-19 (3) The board shall elect officers at each May July 8-20 meeting or, if there is no May July meeting, at the next 8-21 monthly meeting; 8-22 (4) Officers shall serve for a term of one year, 8-23 beginning with their election and qualification and 8-24 ending with the election and qualification of their 8-25 respective successors; and 8-26 (5) No person shall hold the same office on the board 8-27 for more than one term consecutively. 8-28 (d) The board shall hold meetings as often as it 8-29 determines to do so. The board may establish a regular 8-30 meeting schedule and a procedure for calling special 8-31 meetings. Unless the board establishes another procedure, 8-32 the chairman or any five members of the board may call 8-33 special meetings upon adequate written, personal, 8-34 telephone, or facsimile notice to members of the board. 8-35 Eight members of the board A majority of the members in 8-36 office shall constitute a quorum for conducting business, 8-37 and a majority of those present at any meeting shall be 8-38 required to approve any action taken by the board. A 8-39 member must be present at a meeting to count for purposes 8-40 of determining whether a quorum exists and to vote or 8-41 otherwise act on matters which come before that meeting. 8-42 No member may vote or otherwise act through a proxy, H. B. No. 1419 (SUB) -8- (Index) H. B. No. 1419 (CSFA) 9- 1 designee, or delegate. The board may establish such 9- 2 additional rules and procedures as it deems appropriate 9- 3 for conducting its business from time to time. These rules 9- 4 and procedures may be established in bylaws or in such 9- 5 other form as the board deems appropriate. 9- 6 (e) Each member of the board shall receive the same per 9- 7 diem expense allowance as that received by members of the 9- 8 General Assembly for each day a board member is in 9- 9 attendance at a meeting of the board or a committee 9-10 meeting of the board, plus reimbursement for actual 9-11 transportation expenses incurred while traveling by public 9-12 carrier or the mileage allowance authorized for state 9-13 officials and employees for the use of a personal 9-14 automobile in connection with such attendance. This per 9-15 diem and reimbursement for transportation expenses shall 9-16 be paid in lieu of any other per diem, allowance, 9-17 remuneration, or compensation. 9-18 (f) The board shall determine and establish, from time to 9-19 time, the territorial boundaries for the region of 9-20 operation by each regional development center; provided, 9-21 however, any action of the board altering the boundaries 9-22 of a regional development center shall not be effective 9-23 until approved by the General Assembly at the next regular 9-24 session following such action by the board by means of the 9-25 adoption of a joint resolution ratifying such action. The 9-26 boundaries of each region shall be established initially 9-27 so that, for the period through June 30, 1990, each region 9-28 will cover the same territorial area as covered by the 9-29 regional development center's predecessor area planning 9-30 and development commission in effect on June 30, 1989. 9-31 Each county shall be wholly within the region of one 9-32 regional development center, and no county shall be 9-33 divided among more than one region. Without limiting the 9-34 generality of the foregoing, the board shall establish the 9-35 boundaries of any region for which a metropolitan area 9-36 planning and development commission, created pursuant to 9-37 Article 4 of this chapter, also serves as the regional 9-38 development center." SECTION 7. 9-39 Said article is further amended by adding at the end of Code 9-40 Section 50-8-9, relating to contracts with public and 9-41 private entities or individuals, a new subsection (c) to 9-42 read as follows: H. B. No. 1419 (SUB) -9- (Index) H. B. No. 1419 (CSFA) 10- 1 "(c) The department shall have the power to enter into 10- 2 contracts with the Georgia Housing and Finance Authority 10- 3 for any purpose necessary or incidental in assisting the 10- 4 Georgia Housing and Finance Authority in carrying out or 10- 5 performing its duties, responsibilities, and functions; 10- 6 provided, however, all such assistance shall be performed 10- 7 on behalf of and pursuant to the lawful purposes of the 10- 8 Georgia Housing and Finance Authority and not on behalf of 10- 9 the department; and provided further, such assistance 10-10 shall not include the authorization of the issuance of any 10-11 bonds or other indebtedness of the authority. The 10-12 department may undertake joint or complementary programs 10-13 with the Georgia Housing and Finance Authority, including 10-14 the provision for joint or complementary services, within 10-15 the scope of their respective powers." SECTION 8. 10-16 Said article is further amended by adding immediately 10-17 following Code Section 50-8-16, relating to rights of state 10-18 employees and validity of contracts, the following new Code 10-19 section: 10-20 "50-8-17. (Index) 10-21 Employees of the department shall serve in the 10-22 unclassified service of the state merit system as defined 10-23 by Code Section 45-20-6, provided that employees who serve 10-24 in the classified service of the state merit system as 10-25 defined by Code Section 45-20-6 may elect to remain in the 10-26 classified service and be governed by the provisions 10-27 thereof; provided, however, that if such person accepts a 10-28 promotion or transfer to another position, he or she shall 10-29 become an employee in the unclassified service." SECTION 9. 10-30 Chapter 26 of Title 50 of the Official Code of Georgia 10-31 Annotated, relating to the Georgia Housing and Finance 10-32 Authority, is amended by striking Code Section 50-26-5, 10-33 relating to the creation, composition, and terms of the 10-34 authority, and inserting in lieu thereof the following: 10-35 "50-26-5. (Index) 10-36 (a) There is created a body corporate and politic to be 10-37 known as the Georgia Housing and Finance Authority which 10-38 shall be deemed to be an instrumentality of the state, and 10-39 not a state agency, and a public corporation performing an 10-40 essential governmental function. H. B. No. 1419 (SUB) -10- (Index) H. B. No. 1419 (CSFA) 11- 1 (b) The authority is assigned to the Department of 11- 2 Community Affairs for administrative purposes only. 11- 3 (c) The authority shall consist of 12 members, ten of whom 11- 4 are public members appointed by the Governor, with the 11- 5 remaining two members being the director of the Office of 11- 6 Planning and Budget and the Governor or the designee of 11- 7 the Governor. The public members shall be appointed with 11- 8 a view toward equitable geographic distribution and 11- 9 interest and expertise in one or more of the project areas 11-10 the same persons who comprise the Board of Community 11-11 Affairs. The public members are subject to the code of 11-12 ethics covering members of boards, commissions, and 11-13 authorities as contained in Code Sections 45-10-3 through 11-14 45-10-5 and are subject to removal for violation of the 11-15 code of ethics as provided in those Code sections. Any 11-16 vacancy created by any such removal for cause shall be 11-17 filled by the Governor. Each member shall serve under the 11-18 same terms and conditions as provided for in Code Section 11-19 50-8-4. 11-20 (d) Three of the initial public members shall be appointed 11-21 for an initial term of four years, three of the initial 11-22 public members shall be appointed for an initial term of 11-23 three years, and four of the initial public members shall 11-24 be appointed for an initial term of two years. All 11-25 subsequent terms shall be for four years. Each member 11-26 shall hold office for the term of his or her appointment 11-27 and until his or her successor shall be appointed and duly 11-28 qualified. Any member may succeed himself or herself. 11-29 All vacancies in the membership of the authority, whether 11-30 caused by expiration of term of office, death, 11-31 resignation, removal, or otherwise, shall be filled by 11-32 appointment by the Governor. The term of any member 11-33 appointed to fill an unexpired term shall be the remainder 11-34 of the term of the member he or she replaced. The terms 11-35 of all members of the authority serving immediately prior 11-36 to July 1, 1996, shall expire effective July 1, 1996. 11-37 (e) The At each July meeting, the authority shall elect 11-38 from its membership a chair, a vice chair, a secretary, 11-39 and such other officers as it may determine from time to 11-40 time. Such officers shall serve for such terms as shall be 11-41 prescribed by the bylaws of the authority or until their 11-42 respective successors are elected and qualified. No 11-43 Officers shall serve for a term of one year beginning with 11-44 their election and qualification and ending with the H. B. No. 1419 (SUB) -11- (Index) H. B. No. 1419 (CSFA) 12- 1 election and qualification of their respective successors. 12- 2 No person shall hold the same office for more than one 12- 3 consecutive term, and no member of the authority shall 12- 4 hold more than any one office of the authority. 12- 5 (f) The public members of the authority shall receive the 12- 6 same expense allowance per day as that received by members 12- 7 of the General Assembly, plus actual transportation 12- 8 expenses incurred while traveling by public carrier or the 12- 9 allowance authorized for state officials and employees for 12-10 the use of a personal automobile, for each day's service 12-11 spent in the performance of the duties of the authority, 12-12 provided that such compensation shall be limited to 30 12-13 days during any one fiscal year unless one of the public 12-14 members is elected chair, in which event such compensation 12-15 shall be limited to 100 days during any one fiscal year. 12-16 The ex officio members shall receive reimbursement for 12-17 actual expenses incurred in the performance of their 12-18 duties. day a member is in attendance at a meeting of the 12-19 authority or a committee meeting of the authority. 12-20 Notwithstanding the foregoing, no member shall receive an 12-21 expense allowance or transportation reimbursement if said 12-22 member is entitled to receive an expense allowance, 12-23 transportation reimbursement, or per diem allowance for 12-24 performance of duties as a member of the Board of 12-25 Community Affairs for work performed on that day. 12-26 (g) Except for the authorization of the issuance of bonds, 12-27 the authority may delegate to one or more of its members, 12-28 to the executive director, or to any agent or employee of 12-29 the authority such powers and duties as it may deem 12-30 proper. 12-31 (h) The authority shall appoint an executive director who 12-32 shall be the chief administrative officer of the authority 12-33 and serve as an ex officio nonvoting member of the board 12-34 of directors. The commissioner of the Department of 12-35 Community Affairs shall be the executive director of the 12-36 authority. The executive director shall appoint such 12-37 directors, deputies, and assistants as may be necessary to 12-38 manage the operations of the authority and may organize 12-39 the authority into such divisions, sections, or offices as 12-40 may be deemed necessary or convenient. 12-41 (i) No part of the funds of the authority shall inure to 12-42 the benefit of or be distributed to its members or 12-43 officers or other private persons, except that the 12-44 authority shall be authorized and empowered to pay H. B. No. 1419 (SUB) -12- (Index) H. B. No. 1419 (CSFA) 13- 1 reasonable compensation for services rendered and to 13- 2 reimburse expenses incurred. In addition, the authority 13- 3 shall be authorized and empowered to make loans and 13- 4 grants, allocate credits, provide financial assistance, 13- 5 and otherwise exercise its other powers in furtherance of 13- 6 its corporate purposes. No such loans or grants or 13- 7 financial assistance shall be made to, no credits shall be 13- 8 allocated to, and no property shall be purchased or leased 13- 9 from or sold, leased, or otherwise disposed of to any 13-10 member or officer of the authority in his or her 13-11 individual capacity or by virtue of partnership or 13-12 ownership of a for profit corporation. This subsection 13-13 does not preclude loans or grants to, or financial 13-14 assistance or allocation of credit to, or purchase or 13-15 lease from or sale, lease, or disposal of property to any 13-16 subsidiary corporation of the authority. 13-17 (j) The Attorney General shall provide legal services for 13-18 the authority, and, in connection therewith, Code Sections 13-19 45-15-13 through 45-15-16 shall be fully applicable." SECTION 10. 13-20 Said chapter is further amended by striking paragraph (4) of 13-21 subsection (a) of Code Section 50-26-8, relating to the 13-22 powers of the Georgia Housing and Finance Authority, and 13-23 inserting in lieu thereof a new paragraph (4) to read as 13-24 follows: 13-25 "(4) To appoint and select officers, agents, and 13-26 employees, including professional and administrative 13-27 staff and personnel, financial advisers, consultants, 13-28 fiscal agents, trustees, and accountants and to fix 13-29 their compensation and pay their expenses, including the 13-30 power to contract with the Department of Community 13-31 Affairs for professional, technical, clerical, and 13-32 administrative support as may be required;". SECTION 11. 13-33 Said chapter is further amended by striking paragraphs (35) 13-34 and (36) of subsection (a) of Code Section 50-26-8, relating 13-35 to the powers of the Georgia Housing and Finance Authority, 13-36 and inserting in lieu thereof the following: 13-37 "(35) To cooperate with and exchange services, 13-38 personnel, and information with any federal, state, or 13-39 local governmental agency; and H. B. No. 1419 (SUB) -13- (Index) H. B. No. 1419 (CSFA) 14- 1 (36) To finance or facilitate in any manner the 14- 2 provision of health care services in the state, directly 14- 3 or indirectly and through one or more intermediaries, 14- 4 including, without limitation, the state; any 14- 5 institution, department, agency, fund, or authority of 14- 6 the state or created under state law; any political 14- 7 subdivision of the state; or any other public or private 14- 8 business, enterprise, agency, corporation, or authority, 14- 9 or any other entity; provided, however, that the 14-10 authority shall not be authorized to directly provide 14-11 health care services to patients. ;and 14-12 (37) The authority shall have the power to contract with 14-13 the Department of Community Affairs for any purpose 14-14 necessary or incidental to carrying out or performing 14-15 the duties, responsibilities, or functions of the 14-16 authority in exercising the power and management of the 14-17 authority; provided, however, such contracts shall not 14-18 delegate the authorization of the issuance of any bonds 14-19 or other indebtedness of the authority. No part of the 14-20 funds or assets of the authority shall be distributed to 14-21 the Department of Community Affairs or any other 14-22 department, authority, or agency of the state unless 14-23 otherwise provided by law, except that the authority 14-24 shall be authorized and empowered to pay reasonable 14-25 compensation for services rendered and to reimburse 14-26 expenses incurred and except as may be deemed necessary 14-27 or desirable by the authority to fulfill the purposes of 14-28 the authority as set forth in this chapter. Nothing in 14-29 this paragraph shall be construed as precluding the 14-30 provision by the Department of Community Affairs or any 14-31 other department, authority, or agency of the state and 14-32 the authority of joint or complementary services or 14-33 programs within the scope of their respective powers." SECTION 12. 14-34 Said chapter is further amended by striking subsection (d) 14-35 of Code Section 50-26-9, relating to the power to issue 14-36 bonds and incur indebtedness, and inserting in lieu thereof 14-37 a new subsection (d) to read as follows: 14-38 "(d) It is found, determined, and declared that the 14-39 creation of the authority and the carrying out of its 14-40 corporate purpose are in all respects for the benefit of 14-41 the people of this state and are a public purpose and the 14-42 authority will be performing an essential government 14-43 function in the exercise of the powers conferred upon it H. B. No. 1419 (SUB) -14- (Index) H. B. No. 1419 (CSFA) 15- 1 by this chapter. The state covenants with the holders of 15- 2 the bonds that the authority shall not be required to pay 15- 3 any taxes or assessments upon any of the property acquired 15- 4 or leased by the authority or under the jurisdiction, 15- 5 control, possession, or supervision of the authority or 15- 6 upon the activities of the authority in the financing of 15- 7 the activities financed by the authority or upon any 15- 8 principal, interest, premium, fees, charges, or other 15- 9 income received by the authority and that the bonds of the 15-10 authority, their transfer, and the income therefrom shall 15-11 at all times be exempt from taxation within the state. 15-12 The exemption from taxation is declared to specifically 15-13 extend to any subsidiary corporation created by the board 15-14 of directors of the authority but shall not extend to 15-15 tenants or lessees of the authority unless otherwise 15-16 exempt from taxation. The exemption from taxation shall 15-17 not include exemptions from sales and use taxes on 15-18 property purchased by the authority or for use by the 15-19 authority." SECTION 13. 15-20 Said chapter is further amended by adding at the end thereof 15-21 a new Code section to read as follows: 15-22 "50-26-22. (Index) 15-23 Effective July 1, 1996, without diminishing the powers of 15-24 the authority pursuant to Code Section 50-26-8, all 15-25 personnel positions authorized by the authority in fiscal 15-26 year 1996 shall be transferred to the Department of 15-27 Community Affairs. All employees of the authority on June 15-28 30, 1996, whose positions are transferred by the authority 15-29 to the Department of Community Affairs shall become 15-30 employees of the Department of Community Affairs, shall 15-31 become employees in the unclassified service of the state 15-32 merit system as defined by Code Section 45-20-6." SECTION 14. 15-33 This Act shall become effective on July 1, 1996. SECTION 15. 15-34 All laws and parts of laws in conflict with this Act are 15-35 repealed. H. B. No. 1419 (SUB) -15- (Index)

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