05 LC 19
6483/AP
House
Bill 372 (AS PASSED HOUSE AND SENATE)
By:
Representatives Coan of the
101st,
Brooks of the
63rd,
Keen of the
179th,
Richardson of the
19th,
Porter of the
143rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating
to the powers of the Georgia Education Authority (schools), so as to remove a
provision that allows the authority to lease public property to private schools;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20-2-553 of the Official Code of Georgia Annotated, relating to the
powers of the Georgia Education Authority (schools), is amended by striking
paragraph (5) of subsection (a) and inserting in lieu thereof the
following:
"(5)
To make contracts and leases and to execute all instruments necessary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which the authority
causes to be erected or acquired; and any and all political subdivisions,
departments, institutions, or agencies of the state are authorized to enter into
contracts, leases, or agreements with the authority upon such terms and for such
purposes as they deem advisable. Without limiting the generality of the above,
authority is specifically granted to the county boards of education, city boards
of education, or governing bodies of independent districts or systems, for and
on behalf of the units and institutions within their respective counties,
cities, or districts, and to the authority to enter into contracts and lease
agreements for the use of any structure, building, or facilities of the
authority for a term not exceeding 50 years, and the board of education or
equivalent governing body for and on behalf of the respective political
subdivision may obligate itself and its successors to use only such structure,
building, or facility and none other and so long as such property is used by
such political subdivision to pay an amount to be determined from year to year
for the use of such property so leased and also to obligate itself and its
successors as a part of the lease contract to pay the cost of maintaining,
repairing, and operating the property so leased from the authority.
Nothing
contained in this part shall prevent such political subdivisions, departments,
institutions, agencies, county boards of education, city boards of education, or
governing bodies of independent school districts or systems from subleasing any
structure, building, or facility of the authority for private educational
purposes to any person, group of persons, or corporation which is or will be
bona fide engaged in the operation of a private
school;"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.