05 LC
25 3954
Senate
Bill 186
By: Senator Whitehead, Sr. of the 24th
By: Senator Whitehead, Sr. of the 24th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating
to the Georgia Medical Center Authority, so as to change certain provisions
relating to establishment of the authority, appointment of members, terms of
office, vacancies, removal from office, compensation, authority´s
existence, and accountability of members; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
15 of Title 20 of the Official Code of Georgia Annotated, relating to the
Georgia Medical Center Authority, is amended by striking Code Section 20_15_3,
relating to establishment of the authority, appointment of members, terms of
office, vacancies, removal from office, compensation, authority´s
existence, and accountability of members, and inserting in lieu thereof the
following:
"20_15_3.
(a)
There is created a body corporate and politic to be known as the Georgia Medical
Center Authority which shall be deemed to be an instrumentality of the State of
Georgia and a public corporation; and by that name, style, and title such body
may contract and be contracted with, sue and be sued, implead and be impleaded,
and complain and defend in all courts of this state.
(b)
The authority shall consist of
15
7
members.
Eleven members shall be appointed by the Governor for staggered initial terms of
office as follows:
four
members for two years, and seven members for three years. Two members shall be
appointed by the Speaker of the House of Representatives to serve initial terms
of office of two years and two members shall be appointed by the President of
the Senate to serve initial terms of office of two
years.
(1)
Those persons appointed to the authority prior to July 1, 2005, and serving for
terms to expire in June, 2006, shall continue to serve for the remainder of the
terms to which they were appointed;
(2)(A)
In 2005 and quadrennially thereafter, the Governor shall appoint two
members.
(B)
In 2006 and quadrennially thereafter, the Governor shall appoint three
members;
(3)
In 2005 and quadrennially thereafter, the Senate Committee on Assignments shall
appoint one member; and
(4)
In 2006 and quadrennially thereafter, the Speaker of the House of
Representatives shall appoint one member.
After
their initial terms of office, members
Except as
otherwise provided by paragraph (1) of this subsection,
members shall serve for terms of office of
four years
each.
Members shall serve for the terms of office
specified and until the appointment and
qualification of their respective successors.
No person
may be appointed as a member of the authority unless that person has been a
resident of this state for at least two years and is at least 21 years of
age. Any elected or appointed state,
county, municipal, or school board official or employee, except members of the
board of regents and officials and employees of the legislative or judicial
branches of state government, are authorized to be appointed as members of the
authority, and any person so appointed is authorized to serve as a member of the
authority.
(c)
All successors shall be appointed in the same manner as original appointments.
Members may be
eligible for reappointment. Vacancies in
office shall be filled in the same manner as original appointments. An
appointment to fill a vacancy shall be for the unexpired term. The authority
shall elect its own officers. A majority of the membership of the authority
constitutes
shall
constitute a quorum.
No action
shall be taken by the authority except in the presence of a quorum and upon
approval of a majority of those members
present. No vacancy on the authority shall
impair the right of the quorum to exercise all rights and perform all duties of
the authority. The authority shall otherwise provide for its own organization
and conduct of business according to
Robert´s Rules of
Order.
(d)
The Governor, after notice and opportunity for hearing, may remove from office
any member of the authority for any of the following reasons:
(1)
Inability or neglect to perform the duties required of members;
(2)
Failure to attend, without prior approval of the chairperson of the authority,
four consecutive regularly scheduled meetings of the authority;
(3)
Incompetence; or
(4)
Dishonest conduct.
(e)
The members of the authority shall receive a daily expense allowance and
reimbursement for transportation costs as provided for in Code Section 45_7_21;
and the members of the authority shall not receive any other compensation for
their services as such.
(f)
The authority shall have perpetual existence. Any change in name or composition
of the authority shall in no way affect the vested rights of any person under
this chapter or impair the obligations of any contracts existing under this
chapter.
(g)
The members of the authority shall be accountable in all respects as trustees.
The authority shall keep suitable and proper books and records of all receipts,
income, and expenditures of every kind and shall submit for inspection all the
books, together with the proper statement of the authority´s financial
position, to the state auditor.
(h)
The authority is assigned to the Department of Community Affairs for
administrative purposes
only."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.