06 LC 14
9439S
The
House Committee on Special Rules offers the following substitute to HB
988:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating
to state government commissions and other agencies, so as to provide for the
establishment of the War of 1812 Bicentennial Commission; to provide for the
membership of the commission and the powers and duties of the commission; to
provide for expenses subject to available funds; to provide for matters relating
to commemorating the historic events that preceded and are associated with the
War of 1812; to provide for abolition of the commission; to provide for repeal
of the laws relating to such commission and the powers and duties of the
commission; to create the War of 1812 Commemoration Commission and provide for
its membership, powers, duties, and operations; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
12 of Title 50 of the Official Code of Georgia Annotated, relating to state
government commissions and other agencies, is amended by adding a new article to
read as follows:
"ARTICLE
9
50-12-140.
This
article shall be known and may be cited as the 'War of 1812 Bicentennial
Commission Act.'
50-12-141.
(a)
The General Assembly finds and declares that the War of 1812 was a perilous time
in our young
natiońs
history. The war was essentially fought over our
natiońs
sovereign right to free trade and the inviolability of our
natiońs
vessels on the high seas; it serves as a timeless reminder of the vulnerability
of
Georgiás
coastline and land borders to attack by elements of a hostile foreign power.
During the war period, July 18, 1812, through February 18, 1815, there were 39
counties in Georgia those being: Baldwin, Bryan, Bulloch, Burke, Camden,
Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel; Franklin, Glynn, Greene,
Hancock, Jackson, Jasper, Jefferson, Jones, Laurens, Liberty, Lincoln, Madison,
McIntosh, Montgomery, Morgan, Oglethorpe, Pulaski, Putnam, Richmond, Screven,
Tattnall, Telfair, Twiggs, Warren, Washington, Wayne, Wilkes, and Wilkinson;
Emanuel was added on Dec. 10, 1812. Although not designated within the borders
of the state, there existed during the war period territory that would
eventually be designated as counties of Georgia; in addition to which, new
counties were created from existing counties, and some counties whose boundaries
were later redefined were the site of historically significant activity during
the War of 1812. Among those counties, but not specifically limited to those
now mentioned, are: Appling, Bibb, Bleckley, Charlton, Coffee, Crawford, Crisp,
Dodge, Dooly, Early, Lee, Monroe, Muscogee, Pierce, Talbot, Taylor, Ware,
Wilcox, Worth, and Upson. While not all counties suffered combat, each of the
39 aforementioned counties contributed troops to the state militia; some had
fortifications situated within their respective boundaries; and all had militia
training grounds. Various regions of Georgia were affected by the War of 1812
in different ways: coastal regions were subject to combat with British forces,
British raiding parties, and the interdiction of coastal shipping between the
ports of Savannah and St. Marys; beyond Fort Hawkins (the present day City of
Macon), Georgia settlers and troops were subject to raids by rebel elements of
the Creek nation allied to Great Britain. Georgia territory occupied by British
forces included Brunswick, Cumberland Island, Jekyll Island, St. Marys, and St.
Simons Island. The same naval and military forces that burned Washington, D.C.,
and attacked Fort McHenry, inspiring Francis Scott Key to write the poem which
became known as the 'Star Spangled Banner,' also invaded Cumberland Island,
attacked St. Marys and the Battery at Cantonment Point Petre, and wreaked havoc
along
Georgiás
coast. The final combat between British military forces and American military
forces, specifically the Georgia Militia, took place on the St. Marys River,
near Coleraine, on February 23, 1815, and the final shots fired in anger between
British naval forces and American naval forces in American territorial sea took
place in Georgia waters on March 16, 1815, off Wassaw Island.
(b)
The bicentennial commemoration period offers an excellent opportunity to enhance
educational programs, add to the general knowledge of that era, and engender
history and heritage based tourism within the state. Therefore, it is in the
interest of the state to provide appropriate commemorative activities to
maximize public understanding of the meaning of the War of 1812 in the history
of Georgia.
(c)
The purpose of the commission is to ensure a suitable state-wide observance of
the War of 1812 by complementing, cooperating with, and providing assistance to
the programs and activities of the various counties involved in the
commemoration. The commission is to encourage War of 1812 observances that
provide an excellent visitor experience and beneficial interaction between
visitors and the natural and cultural resources of the various War of 1812
sites. The commission is to engage the state archeologist in compiling an
inventory of War of 1812 archeological assets on land and in waters under
Georgia jurisdiction or control and work in concert with the appropriate federal
government agencies when warranted to accomplish that goal.
(d)
The commission is also to welcome international involvement in the War of 1812
observances; contribute to, coordinate with, participate in, and enhance the
activities of the National War of 1812 Bicentennial Commission; foster and
promote the protection of War of 1812 resources; and assist in the appropriate
development of heritage and history based tourism and economic benefits to the
State of Georgia.
50-12-142.
As
used in this article, the term:
(1)
'Commemoration' means commemoration of the War of 1812.
(2)
'Commission' means the War of 1812 Bicentennial Commission established in this
article.
(3)
'Commissioner' means the commissioner of natural resources.
(4)
'Counties' means those counties mentioned in subsection (a) of Code Section
50-12-141, to wit: Appling, Baldwin, Bibb, Bleckley, Bryan, Bulloch, Burke,
Camden, Charlton, Chatham, Clarke, Coffee, Columbia, Crawford, Crisp, Dodge,
Dooly, Early, Effingham, Elbert, Emanuel, Franklin, Glynn, Greene, Hancock,
Jackson, Jasper, Jefferson, Jones, Laurens, Lee, Liberty, Lincoln, Madison,
McIntosh, Montgomery, Monroe, Morgan, Muscogee, Oglethorpe, Pierce, Pulaski,
Putnam, Richmond, Screven, Talbot, Tattnall, Taylor, Telfair, Twiggs, Ware,
Warren, Washington, Wayne, Wilcox, Wilkes, Wilkinson, Worth, and Upson, and
includes agencies and entities of each county.
(5)
'Qualified resident' means any resident of the State of Georgia with an interest
in, support for, and expertise appropriate to the commemoration.
50-12-143.
(a)
The commission shall be composed of 28 members as follows:
(1)
Thirteen members shall be qualified residents appointed by the commissioner
after consideration of nominations submitted by the county commissioners of
Baldwin, Bibb, Camden, Chatham, Crawford, Crisp, Fulton, Glynn, Liberty,
McIntosh, Pulaski, Telfair, and Twiggs counties;
(2)
Three members shall be qualified residents appointed by the commissioner after
consideration of nominations submitted by the mayors of the City of Savannah,
City of Macon, and the City of St. Marys;
(3)
Three members shall be employees of the Department of Natural Resources
appointed by the commissioner;
(4)
One shall be an employee of the Georgia Department of Defense;
(5)
One shall be an employee of the Department of Economic Development,
Tourism
Division;
(6)
One shall be an employee of the University System of Georgia from a department
of history;
(7)
One shall be an employee of the Department of Education;
(8)
Four shall be qualified residents appointed by the commissioner, of
whom:
(A)
One shall be recommended by the majority leader of the Senate;
(B)
One shall be recommended by the minority leader of the Senate;
(C)
One shall be recommended by the majority leader of the House of Representatives;
and
(D)
One shall be recommended by the minority leader of the House of Representatives;
and
(9)
One member shall be appointed by the commissioner from among individuals with
experience in the history of the War of 1812.
(b)
Those residents of Georgia nominated by the Governor to serve on the National
War of 1812 Bicentennial Commission shall ensure the coordination of efforts by
the State of Georgia War of 1812 Bicentennial Commission with the efforts of the
National War of 1812 Bicentennial Commission.
(c)
The appointments of members of the commission shall be made not later than 120
days after the date of enactment of this article.
(d)
A member shall be appointed for the life of the commission.
(e)
A vacancy on the commission:
(A)
Shall not affect the powers of the commission; and
(B)
Shall be filled in the same manner as the original appointment was
made.
(f)
The commission shall act only on an affirmative vote of a majority of the
members of the commission.
(g)
A majority of the members of the commission shall constitute a
quorum.
(h)
The commission shall select a chairperson and a vice chairperson from among the
members of the commission.
(i)
The commission shall hold its initial meeting no later than 60 days after the
date on which all members of the commission have been appointed.
(j)
During the years 2006 through 2011, not less than three times a year the
commission shall meet at the call of the chairperson or a majority of the
members of the commission.
(k)
During the years 2012 through 2015, not less than two times a year the
commission shall meet at the call of the chairperson or a majority of the
members of the commission.
(l)
The commission shall:
(1)
Plan, encourage, develop, execute, and coordinate programs, observances, and
activities commemorating the historic events that preceded and are associated
with the War of 1812;
(2)
Facilitate the commemoration throughout the State of Georgia;
(3)
Coordinate the activities of the commission with appropriate private, city, and
federal agencies including, but not limited to, the National Park Service and
the federal Department of Defense;
(4)
Encourage civic, patriotic, historical, educational, religious, economic,
tourism, and other organizations throughout the State of Georgia to organize and
participate in the commemoration to expand the understanding and appreciation of
the significance of the War of 1812;
(5)
Provide technical assistance to counties, cities, localities, the Department of
Natural Resources, and nonprofit organizations to further the commemoration and
commemorative events;
(6)
Subject to available funds, direct the following regional development centers to
coordinate the efforts of the participating counties within their respective
regions: Coastal Georgia, Central Savannah River, Heart of Georgia, Atlanta
Regional Commission, Southeast Georgia, Northeast Georgia, Middle Georgia,
Middle Flint Lower Chattahoochee, South Georgia, and Southwest
Georgia;
(7)
Subject to available funds, direct the aforementioned regional development
centers to provide a calendar of events to the state Departments of
Transportation, Economic Development, and Education no later than six months
prior to the event date;
(8)
Design, develop, and provide, during the commemoration period January 1, 2012,
through May 30, 2015, for the purposes of education and tourism, a website that
shall include a calendar of commemoration festivities state wide and an
explanation of events preceding and associated with the War of 1812 as it was
prosecuted on Georgia soil, in Georgia waters, and by military and naval units
associated with the State of Georgia deployed in other states or
territories;
(9)
Design, develop, and provide, during the commemoration period January 1, 2012,
through May 30, 2015, an exhibit that will travel throughout the state to
interpret events of the War of 1812 for the educational benefit of the residents
of and tourists to the State of Georgia;
(10)
Subject to available funds, direct the state archeologist to produce an
inventory of historically significant structures and, upon completion of said
inventory, shall execute surveys of sites associated with the War of
1812;
(11)
Subject to available funds, direct the state archeologist to produce, with the
assistance of a state historian, an inventory of historically significant
shipwrecks in Georgia waters and, upon completion of said inventory, shall, with
the cooperation of appropriate state and federal agencies, execute surveys of
significant shipwrecks associated with the War of 1812 in Georgia
waters;
(12)
Subject to available funds, direct a state historian to provide not later than
July 18, 2011, information relating the location of battlegrounds,
fortifications, historic sites, routes, trails, and other places of interest to
the State Department of Transportation so that agency may produce a 'War of 1812
Trail' map which shall be made available for the Georgia War of 1812
Bicentennial period: July 18, 2012, through March 16, 2015;
(13)
Subject to available funds, direct a state historian to compile for distribution
to appropriate state historic sites and Georgia schools a pamphlet including the
biographies of notable War of 1812 era Georgians: citizens, military figures,
political figures, and namesakes for Georgia counties;
(14)
Ensure that the War of 1812 commemorations provide a lasting legacy and
long-term public benefit leading to protection of the natural and cultural
resources associated with the War of 1812; and
(15)
Examine and review essential facilities and infrastructure at War of 1812 sites
and enable necessary improvements to enhance and maximize visitor experience at
the sites.
(m)
The commission shall prepare a strategic plan and annual performance plans for
any activity carried out by the commission under this article.
(n)
The commission shall have no authority to obligate state funds or to require any
unit of state or local government to expend or obligate funds. Where any
provisions of this article make any power or duty of the commission subject to
availability of funding, such provisions are intended to make the exercise of
such power or duty contingent on the commission having received grants,
donations, or contract funds sufficient for such purpose.
50-12-144.
(a)
The commission shall submit to the General Assembly an annual report that
contains a list of each gift, bequest, or devise to the commission or a member
of the commission with a value of more than $250.00, together with the identity
of the donor of each gift, bequest, or devise.
(b)
Not later than September 30, 2015, the commission shall submit to the
commissioner and the General Assembly a final report that includes:
(1)
A summary of the activities of the commission;
(2)
A final accounting of any funds received or expended by the commission;
and
(3)
The final disposition of any historically significant item acquired by the
commission and other properties not previously reported.
50-12-145.
(a)
The commission may:
(1)
Solicit, accept, use, and dispose of gifts or donations of money, services, and
real and personal property related to the commemoration;
(2)
Appoint such advisory committees as the commission determines to be necessary to
carry out this article;
(3)
Authorize any member or employee of the commission to take any action the
commission is authorized to take under this article;
(4)
Use the United States mails in the same manner and under the same conditions as
other agencies of the state government; and
(5)
Make grants to communities, nonprofit commemorative commissions or
organizations, and research and scholarly organizations to develop programs and
products to assist in researching, publishing, marketing, and distributing
information relating to the commemoration.
(b)
In carrying out this Code section, the commission may:
(1)
Procure supplies, services, and property; and
(2)
Make or enter into contracts, leases, or other legal agreements.
(c)
Any contract, lease, or other legal agreement made or entered into by the
commission shall not extend beyond the date of termination of the
commission.
(d)
The commission may secure directly from a state agency such information as the
commission considers to be necessary to carry out this Code section and, upon
request of the chairperson of the commission, the head of the agency shall
provide information to the commission.
50-12-146.
(a)
Except as provided in subsection (b) of this Code section, a member of the
commission shall serve without compensation.
(b)
A member of the commission who is an officer or employee of the State of Georgia
shall serve without compensation in addition to the compensation received for
the services of the member as an officer or employee of the State of
Georgia.
(c)
Subject to available funds, a member of the commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under the law while away from the home or regular place of
business of the member in the performance of the duties of the
commission.
(d)
Subject to available funds, the chairperson of the commission may, without
regard to merit system laws, including regulations, appoint and terminate an
executive director and such other additional personnel as are necessary to
enable the commission to perform the duties of the commission.
(e)
Subject to available funds, the employment of an executive director shall be
subject to confirmation by the commission.
(f)
Subject to available funds, the chairperson of the commission may fix the
compensation of the executive director and other personnel without regard to the
provisions of the law relating to classification of positions and general
schedule pay rates.
(g)
At the request of the commission and subject to available funds, the head of any
state agency may assign, on a reimbursable or nonreimbursable basis, any of the
personnel of the agency to the commission to assist the commission in carrying
out the duties of the commission under this article.
(h)
The assignment of an employee under subsection (g) of this Code section shall be
without loss of merit system status or privilege.
(i)
The commission may:
(1)
Accept the services of personnel assigned from counties and cities;
and
(2)
Subject to available funds, reimburse counties and cities for the services of
assigned personnel.
(j)
The commission may accept and use such voluntary and uncompensated services as
the commission determines necessary.
(k)
Subject to available funds, the commissioner shall provide to the commission, on
a reimbursable basis, such administrative support services as the commission may
request.
(l)
Subject to available funds, the chairperson of the commission may procure
temporary and intermittent services at rates for individuals that do not exceed
the daily equivalent of the annual rate.
(m)
Nothing in this Code section supersedes the authority of the counties or the
Department of Natural Resources concerning the commemoration.
(n)
Nothing in this article shall be construed to require state
appropriations.
50-12-147.
(a)
The commission shall terminate on December 31, 2015.
(b)
Not later than the date of termination, the commission shall transfer any
documents, materials, books, manuscripts, miscellaneous printed matter,
memorabilia, relics, and exhibits and any materials donated to the commission
that relate to the War of 1812 to the Fort Morris (Fort Defiance) State Historic
Site.
(c)
Any funds held by the commission on the date of termination shall be deposited
in the general fund of the treasury.
(d)
This article shall stand repealed in its entirety December 31,
2015."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.