HB 576 - State Properties Commission; membership

Georgia House of Representatives - 1995/1996 Sessions

HB 576 - State Properties Commission; membership

Page Numbers - 1/ 2/ 3
Code Sections - 50-16-32
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House Comm: SI&P / Senate Comm: F&PU / House Vote: Yeas 118 Nays 0 Senate Vote: Yeas 40 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/3/95 Read 1st Time 2/20/95 2/6/95 Read 2nd Time 2/28/95 2/8/95 Favorably Reported 2/27/95 2/17/95 Read 3rd Time 3/9/95 2/17/95 Passed/Adopted 3/9/95 FS Comm/Floor Amend/Sub 3/23/95 Sent to Governor 4/20/95 Signed by Governor 469 Act/Veto Number 4/20/95 Effective Date ---------------------------------------- Code Sections amended: 50-16-32, 50-16-35
HB 576 LC 10 1198S A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 2 of Chapter 16 of Title 50 of the Official 1- 2 Code of Georgia Annotated, known as the "State Properties 1- 3 Code," so as to change the provisions relating to the 1- 4 membership and organization of the State Properties 1- 5 Commission; to provide for the powers and duties of the 1- 6 executive director of the commission; to provide an 1- 7 effective date; to repeal conflicting laws; and for other 1- 8 purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Article 2 of Chapter 16 of Title 50 of the Official Code of 1-11 Georgia Annotated, known as the "State Properties Code," is 1-12 amended by striking in its entirety Code Section 50-16-32, 1-13 relating to the creation, membership, and organization of 1-14 the State Properties Commission, and inserting in lieu 1-15 thereof a new Code Section 50-16-32 to read as follows: 1-16 "50-16-32. (Index) 1-17 (a) There is created within the executive branch of state 1-18 government a public body which shall be known as the State 1-19 Properties Commission and which shall consist of ten nine 1-20 members and be composed of the Governor; the Secretary of 1-21 State; the director of the Office of Treasury and Fiscal 1-22 Services; the state auditor; three citizens appointed by 1-23 the Speaker of the House of Representatives for terms 1-24 ending on April 1 in each odd-numbered year; and three 1-25 citizens appointed by the Lieutenant Governor for terms 1-26 ending on April 1 in each odd-numbered year. The term of 1-27 office of the appointed members of the commission is 1-28 continued until their successors are duly appointed and 1-29 qualified. The Lieutenant Governor may serve as an 1-30 appointed citizen member. 1-31 (b) The Governor shall be the chairman of the commission, 1-32 the state auditor shall be its vice-chairman, and the 1-33 Secretary of State director of the Office of Treasury and -1- (Index) LC 10 1198S 2- 1 Fiscal Services shall be its secretary. Five members of 2- 2 the commission shall constitute a quorum. No vacancy on 2- 3 the commission shall impair the right of the quorum to 2- 4 exercise the powers and perform the duties of the 2- 5 commission. With the sole exception of acquisitions of 2- 6 real property, which acquisitions shall require six five 2- 7 affirmative votes of the membership of the commission 2- 8 present and voting at any meeting, the business, powers, 2- 9 and duties of the commission may be transacted, exercised, 2-10 and performed by a majority vote of the commission members 2-11 present and voting at a meeting when more than a quorum is 2-12 present and voting or by a majority vote of a quorum when 2-13 only a quorum is present and voting at a meeting. An 2-14 abstention in voting shall be considered as that member 2-15 not being present and not voting in the matter on which 2-16 the vote is taken. No person may be appointed, elected, 2-17 or serve on the commission who is a member of the 2-18 legislative or judicial branch of government. In the 2-19 event any ex officio member is determined to be in either 2-20 the legislative or judicial branch of government, the 2-21 General Assembly declares that it would have passed this 2-22 article without such ex officio position on the commission 2-23 and would have reduced the quorum and vote required of the 2-24 commission on all actions accordingly. 2-25 (c) Meetings shall be held on the call of the chairman, 2-26 vice-chairman, or two commission members whenever 2-27 necessary to the performance of the duties of the 2-28 commission. Minutes or transcripts shall be kept of all 2-29 meetings of the commission and in the minutes or 2-30 transcripts there shall be kept a record of the vote of 2-31 each commission member on all questions, acquisitions, 2-32 transactions, and all other matters coming before the 2-33 commission. The secretary shall give or cause to be given 2-34 to each commission member, not less than three days prior 2-35 to the meeting, written notice of the date, time, and 2-36 place of each meeting of the commission. 2-37 (d) The commission shall adopt a seal for its use and may 2-38 adopt bylaws for its internal government and procedures. 2-39 (e) Members of the commission who are also state officials 2-40 shall receive only their traveling and other actual 2-41 expenses incurred in the performance of their official 2-42 duties as commission members. Citizen members shall 2-43 receive the same expense allowance per day as that 2-44 received by a member of the General Assembly for each day -2- (Index) LC 10 1198S 3- 1 any such member of the commission is in attendance at a 3- 2 meeting or carrying out official duties of the commission 3- 3 inside or outside the state, plus reimbursement for actual 3- 4 transportation costs while traveling by public carrier or 3- 5 the legal mileage rate for the use of a personal 3- 6 automobile inside or outside the state while attending 3- 7 meetings or carrying out their official duties as members 3- 8 of the commission." SECTION 2. 3- 9 Said article is further amended by striking in its entirety 3-10 subsection (a) of Code Section 50-16-35, relating to the 3-11 employment of personnel by the State Properties Commission, 3-12 and inserting in lieu thereof a new subsection (a) to read 3-13 as follows: 3-14 "(a) The commission is authorized to employ an executive 3-15 director and such other employees, on either a full-time 3-16 or part-time basis, as may be necessary to discharge the 3-17 duties of the commission. The executive director shall 3-18 supervise and conduct the activities of the commission 3-19 under the commission's direction. Unless the commission 3-20 or chairman otherwise directs, the executive director may 3-21 execute and attest on behalf of the commission any 3-22 instrument in furtherance of an activity authorized by the 3-23 commission. Unless the commission, chairman, or secretary 3-24 otherwise instructs, the executive director may report the 3-25 minutes of the commission, keep and affix its seal, attest 3-26 its instruments, and keep and certify its records." SECTION 3. 3-27 This Act shall become effective upon its approval by the 3-28 Governor or upon its becoming law without such approval. SECTION 4. 3-29 All laws and parts of laws in conflict with this Act are 3-30 repealed. -3- (Index)

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