hb1184_HB_1184_CSFA_5.html
06 HB 1184/CSFA
House Bill 1184 (COMMITTEE SUBSTITUTE) (AM)
By: Representatives Stephens of the 164th and Bryant of the 160th


A BILL TO BE ENTITLED
AN ACT

To amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking Code Section 12-6-131, relating to creation of foundation, board of trustees and their terms, and purpose of foundation, and inserting in its place a new Code section to read as follows:
"12-6-131.
(a) The Herty Foundation Advanced Materials Development Center is created as a body politic and corporate, with perpetual succession of members for the purposes stated in this part, and as such shall have full power and authority to make bylaws for its own governance and rules and regulations for the governance of the directors and employees, to contract with all necessary employees for the successful operation of the foundation center, to bring and defend actions by the name and style aforesaid, and to have and use a common seal. The foundation center generally shall be clothed with all the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation.
(b) There is created and established a board of trustees for the Herty Foundation Advanced Materials Development Center, to be composed of five members to be appointed by the Governor. Trustees shall be named for five-year terms staggered so that one term will expire each year. Their successors shall be named for five-year terms.
(c) The purposes of the foundation are to experiment in pulpwood of all kinds, to discover and determine uses for which the same are adaptable, to conduct research and experimentation with respect to natural and synthetic fibers and materials of all types, to produce and manufacture for others goods and products using such pulpwood, fibers, and materials, and to permit those states, subdivisions, corporations, and individuals who contribute to the maintenance and support of the foundation to share fully and equally in the accomplishments and services of the foundation The purposes of the Herty Advanced Materials Development Center are to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials of all types that serve to enhance the economy of the State of Georgia.
(d) The foundation center is assigned to the State Forestry Commission for administrative purposes only."

SECTION 2.
Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation, and inserting in its place a new Code section to read as follows:
"12-6-133.
The foundation center shall have the following powers:
(1) To establish and modify from time to time a system of experimentation in pulpwood natural and synthetic materials of all types;
(2) To conduct research and experimentation, development, and commercialization with respect to natural and synthetic fibers and materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural and synthetic materials of all types that serve to enhance the economy of the State of Georgia and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and materials material;
(3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere;
(4) To acquire and own realty and personal property regardless of where located; and
(5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the foundation center as stated in Code Section 12-6-131."

SECTION 3.
Said part is further amended by striking Code Section 12-6-134, relating to the purpose of the Herty Foundation, acceptance of donations and appropriations, certain duties, and reports, and inserting in its place a new Code section to read as follows:
"12-6-134.
(a) The Herty Foundation Advanced Materials Development Center is declared to be a public foundation center created, designed, and intended for the purpose of rendering services not only to the citizens of Georgia but, in equal manner and to the same extent, to the citizens of the other states of the South.
(b) The foundation center is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the foundation center is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations.
(c) The foundation center is required to permit the citizens of those states or subdivisions contributing to the support of the foundation center to visit and go upon the premises, observe the experiments, and in general to exercise and enjoy a full and free privilege at and around experimental stations.
(d) The foundation center is directed, after conducting experiments for this state or for other states which contribute to the support of the foundation, to make a full and intelligent report of the results of such experimentation to produce an annual report on its activities and to make such report available upon request."

SECTION 4.
Said part is further amended by striking Code Section 12-6-135, relating to the appointment of directors from states making financial contribution to the Herty Foundation and effect of cessation of contributions, and inserting in its place a new Code section to read as follows:
"12-6-135.
If at any time any other state making financial contributions or appropriations to the support of the foundation center desires to be represented on the board of directors, authority is given to the governor of such other state to appoint one citizen of his or her state to become a director of the foundation center, who shall upon being thus appointed have and enjoy the same rights and powers as the five original members, provided that when any state ceases for a period of one year to contribute to the support of the foundation center, the member of the board of directors appointed by such state shall automatically cease to be a member of the board and shall cease to enjoy and exercise the powers of such director."

SECTION 5.
Said part is further amended by striking Code Section 12-6-136, relating to service of process upon the Herty Foundation, and inserting in its place a new Code section to read as follows:
"12-6-136.
No process shall be deemed served upon the foundation center by service upon any person other than one of the five trustees provided for in Code Section 12-6-131."

SECTION 6.
Said part is further amended by striking Code Section 12-6-137, relating to the Herty Foundatiońs title to property, and inserting in its place a new Code section to read as follows:
"12-6-137.
The title to the properties of the foundation center shall be vested in the five trustees whose residence shall be in Georgia and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which actions may be brought and the proceedings regarding service to be as now provided by law, provided that in the event the foundation center is dissolved, the assets of the foundation center shall revert to the State of Georgia."

SECTION 7.
Said part is further amended by striking Code Section 12-6-138, relating to the Herty Foundatiońs support of experimental work, and inserting in its place a new Code section to read as follows:

"12-6-138.
The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or foundations centers in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds."

SECTION 8.
Said part is further amended by striking Code Section 12-6-139, relating to audit of the Herty Foundatiońs accounts, and inserting in its place a new Code section to read as follows:
"12-6-139.
It shall be the duty of the state auditor to audit the books and accounts of the foundation center and to submit such audit to the Governor, who shall notify the members of the General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient."

SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.