SB 549 - Ga. Military College Bd. of Trustees - composition

Georgia Senate - 1995/1996 Sessions

SB 549 - Ga. Military College Bd. of Trustees - composition

Page Numbers - 1/ 2/ 3/ 4
Code Sections - 20-3-542/ 20-3-542/ 20-3-543/ 20-3-543/ 20-3-562/ 20-3-564
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1. Griffin  25th          2. Tysinger  41st          3. Pollard  24th
4. Hill  4th

Senate Comm: H Ed / House Comm: D&VA / Senate Vote: Yeas 49 Nays 0 --------------------------------------------- Senate Action House --------------------------------------------- 1/12/96 Read 1st time 1/25/96 1/22/96 Favorably Reported 2/1/96 1/23/96 Read 2nd Time 1/26/96 1/24/96 Read 3rd Time 3/12/96 1/24/96 Passed/Adopted 3/12/96 3/20/96 Sent To Governor 4/1/96 Signed by Governor 625 Act/Veto Number --------------------------------------------- Code Sections amended: 20-3-542, 20-3-543, 20-3-562, 20-3-564, 20-3-567
SB 549 96 LC 10 1434 SENATE BILL 549 By: Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and Hill of the 4th A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 9 of Chapter 3 of Title 20 of the Official 1- 2 Code of Georgia Annotated, relating to Georgia Military 1- 3 College, so as to change the provisions relating to the 1- 4 composition of the Board of Trustees of the Georgia Military 1- 5 College; to change the provisions relating to terms of board 1- 6 members; to change the date for determining the 1- 7 applicability of the provisions relating to prior trusts; to 1- 8 change the provisions relating to the approval by the 1- 9 Governor of sales, leases, and other dispositions of 1-10 property; to change the provisions relating to scholarships; 1-11 to repeal conflicting laws; and for other purposes. 1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-13 Article 9 of Chapter 3 of Title 20 of the Official Code of 1-14 Georgia Annotated, relating to Georgia Military College, is 1-15 amended by striking in its entirety Code Section 20-3-542, 1-16 relating to the creation and composition of the Board of 1-17 Trustees of the Georgia Military College, which reads as 1-18 follows: 1-19 "20-3-542. (Index) 1-20 The board shall be composed of one member elected from 1-21 each of the six municipal voting districts of the City of 1-22 Milledgeville, the mayor of the City of Milledgeville, one 1-23 member appointed by the Governor from each congressional 1-24 district in the state, the adjutant general of Georgia as 1-25 an ex officio member, and two members appointed by the 1-26 Governor from the state at large. The Governor shall not 1-27 be a member of the board.", 1-28 and inserting in lieu thereof a new Code Section 20-3-542 to 1-29 read as follows: 1-30 "20-3-542. (Index) 1-31 The board shall be composed of the mayor of the City of 1-32 Milledgeville and six additional members, one of which S. B. 549 -1- (Index) LC 10 1434 2- 1 shall be elected from each of the six municipal voting 2- 2 districts of the City of Milledgeville, all as provided in 2- 3 the consent decree entered May 12, 1989, in Civil Action 2- 4 No. 88-262-1-MAC, United States District Court, Middle 2- 5 District of Georgia, Macon Division, entitled Louise N. 2- 6 Barnes v. James E. Baugh et al. Each member of the board 2- 7 now serving shall continue to serve until his or her 2- 8 successor is duly elected and qualified." SECTION 2. 2- 9 Said article is further amended by striking in its entirety 2-10 Code Section 20-3-543, relating to terms of members of the 2-11 Board of Trustees of the Georgia Military College, which 2-12 reads as follows: 2-13 "20-3-543. (Index) 2-14 The board members elected from the City of Milledgeville 2-15 shall serve in accordance with the city's electoral 2-16 provisions relating to the board. The initial members 2-17 appointed by the Governor from even-numbered congressional 2-18 districts and one member appointed from the state at large 2-19 shall take office on September 1, 1992, and shall serve 2-20 three-year terms, and the initial members appointed from 2-21 odd-numbered congressional districts and one member 2-22 appointed from the state at large shall take office on 2-23 September 1, 1992, and shall serve six-year terms. 2-24 Thereafter, each appointed member shall serve a six-year 2-25 term. It shall be the duty of the members of the board to 2-26 attend the meetings of the board.", 2-27 and inserting in lieu thereof a new Code Section 20-3-543 to 2-28 read as follows: 2-29 "20-3-543. (Index) 2-30 The terms of the members of the board now serving, the 2-31 terms of all future members, and the election of all 2-32 future members shall be governed by the consent decree 2-33 referenced in Code Section 20-3-542." SECTION 3. 2-34 Said article is further amended by striking in its entirety 2-35 Code Section 20-3-562, relating to validity of prior trust 2-36 provisions and substitution of trustee, and inserting in 2-37 lieu thereof a new Code Section 20-3-562 to read as follows: S. B. 549 -2- (Index) LC 10 1434 3- 1 "20-3-562. (Index) 3- 2 Any trust fund or property, real, personal, or mixed, that 3- 3 may have been created prior to July 1, 1990 1996, by will 3- 4 or otherwise, as a fund, gift, donation, or devise to any 3- 5 prior board of trustees of the college or to any executor 3- 6 or trustee to and for the benefit, use, or behoof of the 3- 7 college shall not lapse by virtue of any of the provisions 3- 8 of this article, but such trust shall remain valid and of 3- 9 full force and effect; and the beneficial interest under 3-10 any such deed of gift, will, or other conveyance shall 3-11 vest in the board of trustees as trustee to and for the 3-12 use, benefit, and behoof of the college. In any case 3-13 where provisions of any deed of gift, will, or other 3-14 conveyance referred to in this Code section require a 3-15 trustee and no trustee shall in any contingency exist, the 3-16 board shall be and become a substituted trustee to carry 3-17 out the beneficial purposes of such gift, devise, or 3-18 conveyance." SECTION 4. 3-19 Said article is further amended by striking in its entirety 3-20 Code Section 20-3-564, relating to the authority of the 3-21 Board of Trustees of the Georgia Military College to dispose 3-22 of property, and inserting in lieu thereof a new Code 3-23 Section 20-3-564 to read as follows: 3-24 "20-3-564. (Index) 3-25 All properties owned or held by the board of trustees 3-26 pursuant to this article which have been declared to be 3-27 the public property of the state may be sold, leased, or 3-28 otherwise disposed of by the board, subject to the 3-29 approval of the Governor, whenever the board may deem such 3-30 sale, lease, or other disposition in the best interest of 3-31 the college, if the board shall first determine that such 3-32 property can no longer be advantageously used by the 3-33 college; provided, however, that where any such property 3-34 has been granted or conveyed to the college or the board 3-35 for specified uses, such property shall only be sold, 3-36 leased, conveyed, or otherwise disposed of for similar 3-37 uses or purposes, which shall be in conformity with any 3-38 use or trust declared in any such grant or conveyance; 3-39 provided, further, that every such sale, lease, or other 3-40 disposition of real property shall be subject to the 3-41 approval of the Governor." S. B. 549 -3- (Index) LC 10 1434 SECTION 5. 4- 1 Said article is further amended by striking in its entirety 4- 2 subsection (a) of Code Section 20-3-567, relating to a 4- 3 program of scholarships at Georgia Military College, and 4- 4 inserting in lieu thereof a new subsection (a) to read as 4- 5 follows: 4- 6 "(a) The board of trustees shall have the authority to 4- 7 grant to qualified students who are citizens and bona fide 4- 8 residents of this state such scholarships as available 4- 9 funds allow. The basis for those scholarships shall be 4-10 financial need and student achievement, and the board of 4-11 trustees shall establish rules and regulations governing 4-12 the eligibility for and awarding of such scholarships; 4-13 provided, however, that all such scholarships which are 4-14 funded by money appropriated by the General Assembly of 4-15 Georgia shall be granted only to qualified students who 4-16 are citizens and bona fide residents of this state and 4-17 shall be apportioned on an equal basis by congressional 4-18 district." SECTION 6. 4-19 All laws and parts of laws in conflict with this Act are 4-20 repealed. S. B. 549 -4- (Index)

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