08 LC 38
0666S/AP
House
Bill 1216 (AS PASSED HOUSE AND SENATE)
By:
Representatives Stephens of the
164th,
Smith of the
129th,
Wilkinson of the
52nd,
Maddox of the
172nd,
Lunsford of the
110th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to change regional development centers to regional
commissions; to provide for new boundaries; to provide for definitions; to
provide for membership in the commissions; to provide for legislative intent; to
provide for duties and powers; to provide for certain procedures regarding dues
structure and funding; to provide for councils to govern the commissions; to
provide for membership to said council; to provide the council with certain
duties and powers; to provide for an executive director of the council; to
provide certain duties and powers to the state auditor regarding the regional
commissions; to provide for duties and procedures regarding regional commissions
relationship with other governmental entities; to provide for the transfer of
certain assets, liabilities, contracts, staff, records, or debts of certain
regional development centers; to amend the Official Code of Georgia Annotated to
change references to reflect such changes; to provide for related matters; to
provide for effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 50 of the Official Code of Georgia Annotated, relating to general
provisions regarding the Department of Community Affairs, is amended by revising
subparagraph (a)(18)(B) of Code Section 50-8-2, relating to definitions, as
follows:
"(B)
Has made its
local plan implementation mechanisms consistent with
those established
regulations
consistent with
in
its comprehensive plan and with the minimum standards and procedures;
and"
SECTION
2.
Said
chapter is further amended by revising subsections (f) and (g) of Code Section
50-8-4, relating to the Board of Community Affairs, as follows:
"(f)(1)
The initial territorial boundaries for the operation of the regional commissions
shall be as follows: Region 1 shall be made up of Bartow, Catoosa, Chattooga,
Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk,
Walker, and Whitfield; Region 2 shall be made up of Banks, Dawson, Forsyth,
Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and
White; Region 3 shall be made up of Cherokee, Clayton, Cobb, DeKalb, Douglas,
Fayette, Fulton, Gwinnett, Henry, and Rockdale; Region 4 shall be made up of
Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and
Upson; Region 5 shall be made up of Barrow, Clarke, Elbert, Greene, Jackson,
Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 6 shall
be made up of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski,
Putnam, Twiggs, and Wilkinson; Region 7 shall be made up of Burke, Columbia,
Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro,
Warren, Washington, and Wilkes; Region 8 shall be made up of Chattahoochee,
Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley,
Stewart, Sumter, Talbot, Taylor, and Webster; Region 9 shall be made up of
Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens,
Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox;
Region 10 shall be made up of Baker, Calhoun, Colquitt, Decatur, Dougherty,
Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth;
Region 11 shall be made up of Atkinson, Bacon, Ben Hill, Berrien, Brantley,
Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce,
Tift, Turner, and Ware; and Region 12 shall be made up of Bryan, Bulloch,
Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven. The
board for each regional commission shall ratify the boundaries provided for in
this paragraph. If a regional commission fails to ratify such boundaries, such
commission shall continue to operate under the existing boundaries for such
commission prior to June 30, 2009. The provisions of Article 2 of this chapter
shall apply to a regional commission failing to ratify the boundaries provided
for in this Code section; provided, however, that such commission shall not be
eligible to receive funding pursuant to Code Section 50-8-33.
(2)
Notwithstanding the territorial boundaries established pursuant to paragraph (1)
of this subsection, the
The
board shall determine and establish, from time to time, the territorial
boundaries for the region of operation by each regional
development
center
commission as
well as the total number of the regions;
provided, however,
that
any action of the board altering the boundaries of a regional
development
center
commission or
changing the total number of the regions
shall not be effective until approved by the General Assembly at the next
regular session following such action by the board by means of the adoption of a
joint resolution ratifying such action.
The
boundaries of each region shall be established initially so that, for the period
through June 30, 1990, each region will cover the same territorial area as
covered by the regional development center´s predecessor area planning and
development commission in effect on June 30,
1989. Each county shall be wholly within
the region of one regional
development
center
commission,
and no county shall be divided among more than one region. Without limiting the
generality of the foregoing, the board shall establish the boundaries of any
region for which a metropolitan area planning and development commission,
created pursuant to Article 4 of this chapter, also serves as the regional
development
center
commission.
(g)
In addition to ratification by resolution, the General Assembly may ratify
regional
development
center
commission
boundary changes by
Act; and
the particular changes adopted by the Board of Community Affairs on January 13,
1999, and February 10, 1999, and affecting Johnson and Emanuel counties are
ratified to become effective July 1,
1999."
SECTION
3.
Said
chapter is further amended by revising subsection (b) of Code Section 50-8-7,
relating to planning and technical assistance and information gathering and
distributing, as follows:
"(b)
The department shall undertake and carry out, and shall coordinate with other
state agencies and local governments in undertaking and carrying out, such
gathering of information, such distribution of information, and such studies and
recommendations as the board or the commissioner may deem necessary for
performing local government services and as may be specified by law. Such
coordinating, gathering, and distribution of information and studies may
include, but shall not be limited to, the following:
(1)
The department shall coordinate and participate in compiling, and other state
agencies and local governments shall participate in compiling, a Georgia data
base and network to serve as a comprehensive source of information available, in
an accessible form, to local governments and state agencies. The Georgia data
base and network shall collect, analyze, and disseminate information with
respect to local governments, regional
development
centers
commissions,
and state agencies. The Georgia data base and network shall include information
obtained or available from other governments and information developed by the
department. To maintain the Georgia data base and network, the department shall
make, and shall coordinate with other state agencies and local governments in
making, comprehensive studies, investigations, and surveys of the physical,
social, economic, governmental, demographic, and other conditions of the state
and of local governments and of such other aspects of the state as may be
necessary to serve the purposes of the department. The department shall make
available the Georgia data base and network, or provide access to the Georgia
data base and network, to other state agencies, local governments, members of
the General Assembly, and residents of the state;
(2)
The
department shall maintain a strategic rural economic development plan in
cooperation with the regional development centers, the university system of the
state, other state agencies and departments, and local governments. The plan
shall include, without being limited to, identifying industries for which the
rural areas of the state have a comparative advantage, exploring resources for
venture capital for the rural areas of the state, and providing state financial
assistance to support local initiatives for rural economic development in rural
areas;
(3)
The department may assist the Governor, the General Assembly, any committees of
the General Assembly, any state department, any state agency, any state
authority, or any local government with studies, surveys, investigations, maps,
reports, plans, recommendations, advice, and information prepared, developed, or
obtained by the department;
(4)(3)
The department may undertake studies, investigations, and surveys to identify
potential physical, social, economic, governmental, demographic, or other
problems and opportunities in the urban, suburban, and rural areas of the state
and to assist local governments in preparing to avoid the consequences of such
problems or to take advantage of such opportunities; and
(5)(4)
The department may write, draft, prepare, or publish any studies, surveys,
investigations, maps, reports, plans, recommendations, advice, and information
with respect to local
or
regional government affairs. The
department may distribute or otherwise disseminate any such studies, surveys,
investigations, maps, reports, plans, recommendations, advice, and information
to any government, any state authority or state agency, or any private
entity."
SECTION
4.
Said
chapter is further amended by revising Code Section 50-8-7.1, relating to
assisting the Governor in planning, establishing minimum standards and
procedures for coordinated and comprehensive planning, and supervising regional
development centers, as follows:
"50-8-7.1.
(a)
The department shall perform the duties, responsibilities, and functions and may
exercise the power and authority described in this Code section. The
department, utilizing the comprehensive plans of qualified local governments,
shall undertake and carry out such activities as may be necessary to assist the
Governor in encouraging, coordinating, developing, and implementing coordinated
and comprehensive planning. Such activities may include, but shall not be
limited to, the following:
(1)
The department, utilizing the comprehensive plans of
regional
commissions and qualified local
governments, shall assist the Governor in coordinated and comprehensive planning
on the state level and throughout the state, including, but not limited to,
assistance in the development of a comprehensive plan for the
state;
(2)
The department, utilizing the comprehensive plans of
regional
commissions and qualified local
governments, shall assist the Governor in defining the state´s long-term
goals, objectives, and priorities and implementing those goals, objectives, and
priorities through coordinated and comprehensive planning;
(3)
The department shall examine and analyze plans of state agencies, comprehensive
plans of regional
development
centers
commissions,
and comprehensive plans of municipalities and counties, undertaken as part of
the coordinated and comprehensive planning process, and advise the Governor with
respect to those plans; and
(4)
The department shall serve as policy liaison for the Governor, with respect to
coordinated and comprehensive planning, with and among state agencies and local
governments.
(b)
The department shall establish in accordance with the provisions of Code Section
50-8-7.2 minimum standards and procedures for coordinated and comprehensive
planning, including standards and procedures for preparation of plans, for
implementation of plans, and for participation in the coordinated and
comprehensive planning process. The department shall undertake and carry out
such activities as may be specified by law. Such activities may include, but
shall not be limited to, the following:
(1)
As part of such minimum standards and procedures, the department shall establish
minimum elements which shall be addressed and included in comprehensive plans of
local governments which are prepared as part of the coordinated and
comprehensive planning process. These elements shall include, but shall not be
limited to, housing, human services, natural resources, the environment, vital
areas, historic
and
cultural resources, infrastructure, land
use other than zoning, recreation, transportation, and economic
development;
(2)
The department shall establish minimum standards and procedures which shall be
used by local governments in developing, preparing, and implementing their
comprehensive plans. The department shall incorporate the minimum standards and
procedures with respect to natural resources, the environment, and vital areas
of the state established and administered by the Department of Natural Resources
pursuant to Code Section 12-2-8. In establishing such minimum standards and
procedures, the department shall be authorized to differentiate among local
governments and among regions based upon factors which the department determines
merit differentiation, such as total population, density of population,
geographic features, the size of tax base, the type and character of services
furnished by local governments, the size of budget, and other
factors;
(3)
The department shall develop planning procedures with respect to regionally
important resources, for planning with respect to developments of regional
impact, and for encouraging interjurisdictional cooperation among local
governments. The department shall determine, in its judgment and for each
region, what shall constitute developments of regional impact. Such
determinations by the department shall be made for each region after receiving
any necessary information from the regional
development
center
commission
for the region, from local governments within the region, and from others within
the region. The department´s determinations shall be publicly promulgated,
using such means as the commissioner may determine, so that all local
governments within a region will receive notice of the department´s
determinations affecting that region; and
(4)
The department shall establish and shall promulgate procedures for obtaining
input from, and participation by, local governments and the public in
establishing, amending, and updating from time to time the minimum standards and
procedures.
(c)
The department shall undertake and carry out such activities as the board or the
commissioner may deem necessary for supervising regional
development
centers
commissions
and as may be specified by law. Such activities may include, but shall not be
limited to, the following:
(1)
The department shall recommend to the board from time to time the boundaries for
the regions for each of the regional
development
centers
commissions;
and
(2)
The department shall review and comment on comprehensive plans prepared by, and
coordinated and comprehensive planning activities undertaken by or under the
direction of, regional
development
centers
commissions.
(d)
The department shall undertake and carry out such activities as may be necessary
to mediate, or otherwise assist in resolving, conflicts. Such activities may
include, but shall not be limited to, the following:
(1)
The department may establish such procedures and guidelines for mediation or
other forms of resolving conflicts as the commissioner may deem necessary. The
procedures and guidelines shall specify the times within which steps in the
mediation or other form of conflict resolution shall take place and shall
provide that such times shall not exceed, in the aggregate, 90 days from the
date on which mediation or other conflict resolution begins. The department
shall promulgate and make public all such procedures and
guidelines;
(2)
The department may act to mediate or otherwise assist in resolving conflicts
upon written request from any regional
development
center
commission
or local government or may act, without any such request, on its own
initiative;
(3)
The department may establish rules and procedures which require that local
governments submit for review any proposed action which would, based upon
guidelines which the department may establish, affect regionally important
resources or further any development of regional impact. Any such proposed
action by a local government (other than a regional
development
center
commission)
shall be submitted for review to the local government´s regional
development
center
commission.
Any such proposed action by a regional
development
center
commission
shall be submitted for review to the department. Review shall be in accordance
with rules and procedures established by the department. The review shall
result in a public finding by the regional
development
center
commission
or the department, as the case may be, that the action will be in the best
interest of the
region
and state or that it will not be in the
best interest of the
region
and state;
(4)
Any conflict which remains after review pursuant to the procedures established
under paragraph (3) of this subsection shall be submitted to mediation or such
other form of resolving conflicts as the commissioner may deem necessary;
and
(5)
The department may decline to certify a local government as a qualified local
government or may take or recommend action which would reduce state or other
funding for a regional
development
center
commission
if such local government or regional
development
center
commission,
as the case may be, is a party to a conflict but fails to participate in the
department´s mediation or other means of resolving conflicts in a manner
which, in the judgment of the department and a majority of the Board of
Community Affairs, reflects a good faith effort to resolve the
conflict."
SECTION
5.
Said
chapter is further amended by revising Article 2, relating to regional
development centers, in its entirety as follows:
"ARTICLE
2
50-8-30.
The
local governments of the State of Georgia are of vital importance to the state
and its citizens. The state has an essential public interest in promoting,
developing, sustaining, and assisting local governments. The natural resources,
environment, and vital areas of the state are also of vital importance to the
state and its citizens. The state has an essential public interest in
establishing minimum standards for land use in order to protect and preserve its
natural resources, environment, and vital areas. Coordinated and comprehensive
planning by local governments, under direction from the state, is necessary in
order to serve these essential public interests of the state. The purpose of
this article is to provide for regional commissions to develop, promote, and
assist in establishing coordinated and comprehensive land use, environmental,
transportation, and historic preservation planning in the state, to assist local
governments to participate in an orderly process for coordinated and
comprehensive planning, to assist local governments to prepare and implement
comprehensive plans which will develop and promote the essential public
interests of the state and its citizens and advance positive governmental
relations among the state, regional, and local levels, and to prepare and
implement comprehensive regional plans which will develop and promote the
essential public interests of the state and its citizens. This article shall be
construed liberally to achieve its purpose. This article is enacted pursuant to
the authority granted the General Assembly in the Constitution of the State of
Georgia, including, but not limited to, the authority provided in Article III,
Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III
and IV."
50-8-31.
As
used in this article, the term:
(1)
'Commission' means a regional commission established pursuant to this article,
including its predecessor, a 'regional development center.'
(2)
'Commissioner' means the commissioner of community affairs.
(3)
'Comprehensive plan' means any plan by a county or municipality covering such
county or municipality or any plan by a regional commission covering the
commission´s region proposed or prepared pursuant to the minimum standards
and procedures for preparation of comprehensive plans and for implementation of
comprehensive plans, established by the department in accordance with Article 1
of this chapter.
(4)
'Conflict' means any conflict, dispute, or inconsistency arising:
(A)
Between or among comprehensive plans for any counties or municipalities, as
proposed, prepared, proposed to be implemented, or implemented;
(B)
Between or among comprehensive plans for any counties or municipalities and
comprehensive plans for the region which includes such counties or
municipalities, as such plans may be proposed, prepared, proposed to be
implemented, or implemented;
(C)
With respect to or in connection with any action proposed to be taken or taken
by any county, municipality, or other local government relating to or affecting
regionally important resources, as defined by the department; or
(D)
With respect to or in connection with any action proposed to be taken or taken
by any county, municipality, or other local government relating to or affecting
developments of regional impact, as defined by the department.
(5)
'Constitution' means the Constitution of the State of Georgia.
(6)
'Contract' means any contract, agreement, or other legally binding
arrangement.
(7)
'Coordinated and comprehensive planning' means planning by counties and
municipalities and by regional commissions in accordance with the minimum
standards and procedures.
(8)
'Council' means the council governing each regional commission.
(9)
'County' means any county of this state, including any consolidated
governments.
(10)
'Department' means the Department of Community Affairs.
(11)
'Governing body' means the board of commissioners of a county, sole commissioner
of a county, council, commissioners, or other governing authority for a county
or municipality.
(12)
'Government' means any governmental unit on the federal, state, or local level
and any department, agency, or authority of any such governmental unit and shall
include all local governments, school districts, state agencies, and state
authorities.
(13)
'Governmental services' means those necessary services provided by local units
of government of this state.
(14)
'Human service programs' means any activity authorized by law to be undertaken
by the state or by any unit of local government in which it is undertaken, the
funds for which program are provided by or through the United States government,
an adjoining state, this state, any unit of local government, any agency or
instrumentality of the foregoing, or a public or private organization, the
purpose of which is to provide assistance to and relieve the special burdens of
the young, the indigent, the aged, persons with disabilities, the unemployed, or
the ill.
(15)
'Local government' means any county, municipality, or other political
subdivision of the state; any regional commission; any public agency or public
authority, except any state agency or state authority, created under the
Constitution or by Act of the General Assembly; and shall include public
agencies and public authorities which are created or activated pursuant to the
Constitution or Act of the General Assembly or by action of the governing body
of any county, municipality, or other political subdivision of the state,
separately or in any combination, and shall include any group of counties or
municipalities which forms the group to carry out jointly any lawful purposes
but shall not include school districts.
(16)
'Local plan' means the comprehensive plan for any county or
municipality.
(17)
'Minimum standards and procedures' means the minimum standards and procedures,
including the minimum elements which shall be addressed and included, for
preparation of comprehensive plans, for implementation of comprehensive plans,
and for participation in the coordinated and comprehensive planning process, as
established by the department. Minimum standards and procedures shall include
any elements, standards, and procedures for such purposes prescribed by a
regional commission for counties and municipalities within its region and
approved in advance by the department, in accordance with Article 1 of this
chapter.
(18)
'Municipality' has the same meaning as provided in Code Section
36-30-1.
(19)
'Necessary' means necessary, desirable, or appropriate, as determined by the
commissioner, unless the context clearly indicates a different
meaning.
(20)
'Nonpublic council member' means any council member who is a resident of a
county within the region, who is not an elected or appointed official or
employee of any county or municipality, and who is appointed as a nonpublic
member for that county pursuant to subsection (b) of Code Section
50-8-34.
(21)
'Nonpublic funds' means the servicing and processing fees which are received by
a nonprofit corporation for administering federal or state revolving loan
programs or loan packaging programs.
(22)
'Qualified local government' means a county or municipality which:
(A)
Has a comprehensive plan in conformity with the minimum standards and
procedures;
(B)
Has made its local plan implementation mechanisms consistent with those
established in its comprehensive plan and with the minimum standards and
procedures; and
(C)
Has not failed to participate in the department´s mediation or other means
of resolving conflicts in a manner which, in the judgment of the department,
reflects a good faith effort to resolve any conflict.
(23)
'Region' means the territorial area within the boundaries of operation for any
regional commission, as such boundaries shall be established from time to time
by the board of the department.
(24)
'Regional commission' means a commission established under this
article.
(25)
'Regional plan' means the comprehensive plan for a region.
(26)
'State' means the State of Georgia.
50-8-32.
Regional
commissions are created and established as public agencies and instrumentalities
of their members which shall facilitate coordinated and comprehensive planning
in conformity with minimum standards and procedures established pursuant to law.
Regional commissions shall function as the regional planning entity for land
use, environmental, transportation, and historic preservation planning in each
designated region of the state. Each such agency and instrumentality shall be
known as a regional commission and shall be designated, by name for all
purposes, with such identifying words before the term 'regional commission' as
the Board of Community Affairs may, from time to time in accordance with the
provisions of subsection (f) of Code Section 50-8-4, choose and designate by
official action. The number of regional commissions and the region within which
each regional commission shall operate shall initially be established and
subsequently may be changed from time to time by the Board of Community Affairs
pursuant to Code Section 50-8-4. Each county shall be wholly within the region
of one regional commission, and no county shall be divided among more than one
region. Without limiting the generality of the foregoing, the Board of
Community Affairs shall establish the boundaries of any region for which a
metropolitan area planning and development commission, created pursuant to
Article 4 of this chapter, also serves as the regional commission.
50-8-33.
(a)
Each municipality and county in the state shall automatically be a member of the
regional commission for the region which includes the municipality or county, as
the case may be.
(b)(1)
Each county and municipality in the state shall pay the annual dues for
membership in its regional commission. Each county and the municipalities
within such county shall continue to use the arrangement for the payment of dues
which was in effect on June 30, 2009, for the payment of dues to the regional
development centers which preceded the regional commissions created by this
article until a revised arrangement for the amount, apportionment, and payment
of annual dues is established by the county and the municipalities within such
county. If an arrangement for the payment of such dues is structured so that a
county pays dues only on behalf of residents of the unincorporated areas of the
county, then the annual dues paid by such county shall come solely from revenues
derived from the unincorporated areas of the county.
(2)
State funds appropriated to the department and available for the purpose of
assisting regional commissions shall be distributed in accordance with this
paragraph. The department shall establish a minimum funding amount for regional
commissions, conditioned upon the amount of state funds appropriated, and a
supplemental funding formula to be used for the distribution of available state
funds in excess of the minimum funding amount. While each regional commission
must assess and collect annual dues in the amount of 25¢ for each resident
of each county within the regional commission, based upon the most recent
estimate of population approved by the department for this purpose, to be
eligible for any minimum funding from state appropriated funds, each regional
commission must assess and collect annual dues in the aggregate averaging a
minimum amount of $1.00 for each resident of each county within the regional
commission, based upon the most recent estimate of population approved by the
department for this purpose. To be eligible for any supplemental funding, each
regional commission shall apply to the department in a manner established by the
department to determine eligibility for funds distributed pursuant to the
supplemental funding formula.
(3)
The initial supplemental funding formula established by the department to be
used for the distribution of available state funds in excess of the minimum
funding amount shall be promulgated by the department in accordance with the
procedures of Code Section 50-8-7.2.
50-8-34.
(a)
The council of each regional commission shall establish policy and direction for
the regional commission and shall perform such other functions as may be
provided or authorized by law.
(b)
The manner of selecting such regional commission council members shall be as
prescribed by its bylaws and membership on the council shall be determined as
follows:
(1)
The council shall include the chief elected official of each county governing
body in the region for a period of time concurrent with each such elected
official´s term of elected office. If the chief elected official for a
county is unable to serve on the council, he or she shall appoint another
elected county official. In the case of a consolidated government where there
is not another municipality located within the boundaries of the county, a
second member of such consolidated government shall be appointed to the
board;
(2)
The council shall include one elected official from one municipality in each
county in the region for a period of time concurrent with each such elected
official´s term of elected office;
(3)
The council shall include three residents of the region appointed by the
Governor, each for a term of two years. One of such three appointees shall be a
member of a school board located within the region or a superintendent of
schools within the region, and two of such three appointees shall be nonpublic
council members;
(4)
The council shall include one nonpublic council member appointed by the
Lieutenant Governor for a term of two years and one nonpublic council member
appointed by the Speaker of the House of Representatives for a term of two
years; and
(5)
The council may include any additional members determined necessary by the
commissioner for purposes of complying with laws or regulations, or otherwise.
Any such additional members shall be selected by the council and shall serve for
a term of one year.
(c)
The term of a member shall terminate immediately upon:
(1)
Resignation by a member;
(2)
Death of a member or inability to serve as a member due to medical infirmity or
other incapacity; or
(3)
Any change in local elective office or residence of a member which would cause
the composition of the council not to comply with the requirements of subsection
(b) of this Code section.
(d)
Each member of the council shall have one vote. Establishment of a quorum for
purposes of the conduct of business shall be determined by the bylaws of the
regional commission.
(e)
Each regional commission council shall elect from among its council members a
chairperson, vice chairperson, and secretary or treasurer who shall serve for a
term of two years and until their successors are elected and qualified. Such
elections shall be held biennially at a meeting designated for that purpose in
the regional commission´s bylaws.
(f)
Each council shall exercise the following powers:
(1)
The powers, duties, responsibilities, and functions enumerated in Code Section
50-8-35;
(2)
The appointment and removal of a full-time executive director for the regional
commission;
(3)
The establishment of such committees as the council shall deem
appropriate;
(4)
The adoption of an annual work program for the regional commission;
(5)
The adoption of an annual budget to support the annual work program;
and
(6)
The determination of the policies and programs to be implemented and operated by
the regional commission as may be provided or authorized by law.
50-8-34.1.
(a)
Each regional commission shall have an executive director who shall serve at the
pleasure of the council and who shall be subject to appointment and removal by a
majority vote of the members of the council. The executive director shall
perform such duties as assigned by the council.
(b)
Each regional commission council shall require performance standards for
measurement of the activities of the regional commission. The council shall
conduct an annual performance review of the executive director of the regional
commission measured by standards developed by the council.
50-8-35.
(a)
Each regional commission, as authorized by the council of such regional
commission and consistent with federal and state law, shall perform the duties,
responsibilities, and functions and may exercise the power and authority
described in this Code section. Each commission may exercise the following
power and authority:
(1)
Each commission may adopt bylaws and make rules and regulations for the conduct
of its affairs;
(2)
Each commission may make and enter into all contracts necessary or incidental to
the performance of its duties and functions so long as the chairperson of the
commission´s council and the executive director of the commission jointly
execute any such contracts between a regional commission and state or federal
agencies, or any other such contracts as determined by the bylaws or the
council. Neither a commission, nor any nonprofit corporation established or
controlled by that commission, may enter into any contract obligating that
regional commission or nonprofit corporation to perform services for any
political subdivision, individual, or business entity located wholly outside the
boundaries of that commission´s region, except that one commission, on its
own behalf and not on behalf or for the direct benefit of any political
subdivision, individual, or business entity within that commission´s
boundaries, may contract with another commission to provide services for the
benefit of one or both commissions. A commission may contract with any state
agency for coordinated and comprehensive planning covering areas not within the
territorial boundary of the commission, provided that any such contract is made
with the approval of the regional commission´s council;
(3)
Each commission may acquire and dispose of real and personal
property;
(4)
Each commission may utilize the services of the Department of Administrative
Services;
(5)
Each commission may prepare studies of the area´s resources as they affect
existing and emerging problems of industry, commerce, transportation,
population, housing, agriculture, public services, local governments, and any
other matters relating to area planning and development;
(6)
Each commission may collect, process, and analyze, at regular intervals, the
social and economic statistics for the region, which statistics are necessary to
planning studies, and make the results available to the general
public;
(7)
Each commission may participate with local, state, or federal governmental
agencies, educational institutions, and public and private organizations in the
coordination and implementation of research and development
activities;
(8)
Each commission may cooperate with all units of local government and planning
and development agencies within the commission´s region and coordinate area
planning and development activities with those of the state and of the units of
local government within the commission´s region as well as neighboring
regions and with the programs of federal departments, agencies, and regional
commissions; and provide such technical assistance, including data processing
and grant administration services for local governments, as may be requested of
it by a unit or units of local government within the commission´s region;
and such technical assistance shall not be limited to planning and development
activities but may include technical assistance of any nature requested by a
unit or units of local government within the commission´s
region;
(9)
Each commission may carry out such other programs as its council or the
department shall require from time to time;
(10)
Each commission may, when appropriate, administer funds involving more than one
political subdivision;
(11)
Each commission may, upon the signed resolution of its council and written
approval by each unit of local government affected, initiate, continue, or renew
arrangements with the United States government, an adjoining state, this state,
a unit of local government, any agency or instrumentality of the foregoing, or a
public or private organization for the management, administration, or operation
of human service programs by such regional commission. The commission shall be
permitted to enter into contracts to provide, or to provide directly with the
council´s approval, governmental services on behalf of the local
governments. Direct services shall be provided to a municipality or county only
after such municipality or county has passed a resolution requesting such
services and the council has approved the municipality´s or county´s
resolution. Contracts for direct services pursuant to this paragraph shall be
for one year, subject to renewal. Direct services shall not include human
service programs. Contracts for government services may specifically authorize
governmental services other than human service programs in writing from time to
time and for any specified period of time. Services provided by human services
programs may be provided if the regional commission enters into contracts with
other authorized entities, including units of local government, for the delivery
of goods or services to individual consumers. A commission providing direct
services pursuant to this paragraph shall not provide such services on a for
profit basis. Regional commissions shall be authorized to provide technical
assistance to units of local government in areas of governmental services;
and
(12)
Each commission may provide the following benefits to its employees, their
dependents, and survivors, in addition to any compensation or other benefits
provided to such persons:
(A)
Retirement, pension, disability, medical, and hospitalization benefits, through
the purchase of insurance or otherwise;
(B)
Life insurance coverage and coverage under federal old age and survivors´
insurance programs;
(C)
Sick leave, annual leave, military leave, and holiday leave; and
(D)
Any other similar benefits including, but not limited to, death
benefits.
(b)
Each commission shall adopt personnel policies and practices with specific
reference to job descriptions and qualifications. Minimum qualifications for
the professional personnel of each regional commission shall be established by
the council of the regional commission.
(c)
Each commission shall undertake and carry out such planning and technical
assistance activities as its council or the department may deem necessary for
the development, preparation, and implementation of comprehensive plans for the
commission´s region and for municipalities and counties within the
commission´s region and such planning and technical assistance activities
as its council or the department may deem necessary for coordinated and
comprehensive planning within the commission´s region. Such planning and
technical assistance activities may include, but shall not be limited to, the
following:
(1)
A commission may coordinate and assist local governments in preparing local
plans for submission to the regional commission;
(2)
A commission may provide technical planning assistance to local
governments;
(3)
A commission may develop and prepare a local plan for a county or municipality
if the county or municipality enters into a contract with a commission for that
purpose;
(4)
A commission may require that comprehensive plans within its region include
elements in addition to those established by the department as minimum standards
and procedures but, before imposing any such requirement, the commission shall
have received the department´s approval of any additional elements to be
included in such comprehensive plans;
(5)
A commission may establish within its comprehensive plan goals, objectives,
policies, and recommendations consistent with those established by the
Governor´s Development Council or by the department, for its region;
and
(6)
Each commission shall prepare and adopt a regional plan and submit the regional
plan to the department. The regional plan shall take into consideration issues
and opportunities facing the region, the commissioner´s recommendations to
address such issues, and local plans within the region. The regional plan may
be prepared but shall not be adopted by the council until after a proposed
regional plan has been made public, reviewed, and approved as meeting the
minimum requirements of the department; and after the council has held, or
caused to be held by a designated hearing officer, a public hearing on the
regional plan, in accordance with such procedures as the department may
establish.
(d)
Each commission shall participate in compiling a Georgia data base and network,
coordinated by the department, to serve as a comprehensive source of public
information available, in an accessible form, to local governments, state
agencies, and members of the General Assembly.
(e)
A commission shall serve as liaison with other governments, including federal
government agencies and state agencies. In this capacity, a commission may
administer programs within the state upon the request of its council and may
administer federal or state government programs upon designation by the federal
or state government. Each commission shall be designated as the official
planning agency for all state and federal programs to be carried out in the
region if such designation is required and if the department concurs in such
designation. A commission may take all action and shall have all power and
authority necessary to carry out its responsibilities, duties, and functions
under any such state or federal programs.
(f)(1)(A)
In order to accomplish the intent of subsection (e) of this Code section, each
regional commission is authorized to create nonprofit corporations to administer
federal or state revolving loan programs or loan packaging programs, and to
administer federal or state housing and development programs and funds available
only to nonprofit corporations. Each such nonprofit corporation must be
authorized by the commission´s council and each unit of local government
affected.
(B)
Any nonprofit corporation which, prior to April 1, 1994, has been created by a
commission or its predecessor and has had articles of incorporation which are
regular on their face accepted for filing by the Secretary of State shall be
recognized as and have legal status as a validly created nonprofit corporation
under the laws of this state for all purposes, notwithstanding the requirements
of subparagraph (A) of this paragraph and notwithstanding any lack of express
statutory authority on the part of the commission to carry out such
incorporation at the time of filing of the articles of incorporation. Nothing
in this subparagraph, however, shall excuse such a nonprofit corporation from
complying on and after April 1, 1994, with any and all requirements imposed by
law for continuation of its corporate existence in the same manner as other
nonprofit corporations created under this paragraph are required to comply with
legal requirements for their continued existence.
(2)
Employees and any other authorized representatives of a nonprofit corporation
created pursuant to paragraph (1) of this subsection are authorized to expend
nonpublic funds of such corporation for the business meals and incidental
expenses of bona fide industrial prospects and other persons who attend any
meeting at the request of the nonprofit corporation to discuss the location or
development of new business, industry, or tourism within the commission´s
region. All such expenditures shall be verified by vouchers showing date,
place, purpose, and persons for whom such expenditures were made. All receipts
of nonpublic funds shall be evidenced by vouchers showing the date, amount, and
source of each receipt. A schedule shall be included in each annual audit which
reports the beginning balance of unexpended nonpublic funds; the date, amount,
and source of all receipts of nonpublic funds; the date, place, purpose, and
persons for whom expenditures were made for all such expenditures of nonpublic
funds; and the ending balance of unexpended nonpublic funds. The auditor shall
verify and test such beginning balances, receipts, expenditures, and ending
balances sufficient to express an opinion thereon in accordance with generally
accepted government auditing standards.
(3)
A nonprofit corporation shall keep books of account reflecting all funds
received, expended, and administered by the nonprofit corporation which shall be
independently audited at least once in each fiscal year during which a nonprofit
corporation functions. Such audit shall be conducted in accordance with
generally accepted government auditing standards. The state auditor shall
promulgate policies and procedures for procurement of such audit of the
financial affairs of a nonprofit corporation and shall annually review the audit
procurement process to determine compliance with established policies and
procedures. The nonprofit corporation shall be responsible for the costs
associated with such audit. The auditor´s report shall be presented to the
commissioner, who shall make such report available to each council member within
the region and to the Board of Community Affairs. The books of account shall be
kept in a standard, uniform format to be determined by the state auditor and the
commissioner. Each nonprofit corporation shall update its books of account on a
quarterly basis and shall present the quarterly update to the
commissioner.
(4)
Each nonprofit corporation shall submit to the department copies of all filings
made to federal, state, or local taxing authorities, including filings related
to tax exemptions simultaneous with such filings.
(5)(A)
Each annual audit report of a nonprofit corporation shall be completed and a
copy of the report forwarded to the state auditor within 180 days after the
close of the nonprofit corporation´s fiscal year. In addition to the audit
report, the nonprofit corporation shall forward to the state auditor, within 30
days after the audit report due date, written comments on the findings and
recommendations in the report, including a plan for corrective action taken or
planned and comments on the status of corrective action taken on prior findings.
If corrective action is not necessary, the written comments should include a
statement describing the reason it is not.
(B)
The state auditor shall review the audit report and written comments submitted
to his or her office to ensure that they meet the requirements for audits
provided for in paragraph (3) of this subsection. If the state auditor finds
the requirements for audits have not been complied with, the state auditor
shall, within 60 days of his or her receipt of the audit or written comments,
notify the nonprofit corporation and the auditor who performed the audit and
shall submit to them a list of the deficiencies to be corrected. A copy of this
notification shall also be sent by the state auditor to the commission related
to the nonprofit corporation, the chief elected official of each county and
municipality within the commission´s region, and to each member of the
General Assembly whose senatorial or representative district includes any part
of the commission´s region.
(C)
If the state auditor has not received any required audit or written comments by
the date specified in subparagraph (A) of this paragraph, the state auditor
shall within 30 days of such date notify the nonprofit corporation that the
audit has not been received as required by law. A copy of this notification
shall also be sent by the state auditor to the commission related to the
nonprofit corporation, the chief elected official of each county and
municipality within the related commission´s region, and to each member of
the General Assembly whose senatorial or representative district includes any
part of the related commission´s region.
(D)
The state auditor, for good cause shown by those nonprofit corporations in which
an audit is in the process of being conducted or will promptly be conducted, may
waive the requirement for completion of the audit within 180 days. Such waiver
shall be for an additional period of not more than 180 days and no such waiver
shall be granted for more than two successive years to the same nonprofit
corporation.
(6)
A copy of the report and of any comments made by the state auditor pursuant to
subparagraph (B) of paragraph (5) of this subsection shall be maintained as a
public record for public inspection during the regular working hours at the
principal office of the nonprofit corporation and the related
commission.
(7)
Upon a failure, refusal, or neglect to have an annual audit made or a failure to
file a copy of the annual audit report with the state auditor or a failure to
correct auditing deficiencies noted by the state auditor, the state auditor
shall cause a prominent notice to be published in the legal organ of and any
other newspapers of general circulation within each county and municipality
within the related commission´s region. Such notice shall be a prominently
displayed advertisement or news article and shall not be placed in that section
of the newspaper where legal notices appear. Such notice shall be published
once a week for two consecutive weeks and shall state that the nonprofit
corporation has failed or refused to file an audit report or to correct auditing
deficiencies, as the case may be, for the fiscal year or years in question.
Such notice shall further state that such failure or refusal is in violation of
state law.
(8)
The state auditor may waive the requirement of correction of auditing
deficiencies for a period of one year from the required audit filing date,
provided that evidence is presented that substantial progress is being made
toward removing the cause of the need for the waiver. No such waiver for the
same set of deficiencies shall be granted for more than two successive years to
the same nonprofit corporation.
(g)
A commission shall be prohibited from either creating or controlling or causing
to be created any nonprofit corporation, except as authorized in paragraph (1)
of subsection (f) of this Code section.
(h)
Neither a commission nor a nonprofit corporation either created or controlled or
caused to be created by the commission shall administer any federal program
which prohibits the state auditor from conducting a performance audit relative
to such program.
(i)
In any case where a commission contracts with a state agency, the contract shall
include a provision requiring cancellation of the contract if the department
determines that the commission or a nonprofit corporation either created or
controlled or caused to be created by the commission is not fully cooperating
with a performance audit conducted by the department.
(j)
Each commission shall develop a department approved continuing education program
for professional staff members of such commissions.
50-8-36.
(a)
Each local plan shall be submitted for review, comment, and recommendation to
the appropriate regional commission and shall become effective in accordance
with this Code section. Each municipality and county within a region shall
submit its local plan to the regional commission for that region for review,
comment, and recommendation by the regional commission. The commission shall
maintain all local plans which it receives in this manner in files available for
inspection by the public.
(b)
Within ten days after receipt of a local plan, the regional commission shall
notify each municipality or county within its region which may be affected by
the local plan of the general nature of the plan, the date of its submission,
and the identity of the submitting municipality or county. In addition, any
local governments contiguous to, or operating within, the submitting
municipality or county shall be notified by the regional commission in the same
manner.
(c)
Within 15 days after the regional commission gives the notice required by
subsection (b) of this Code section, any local government within the region and
any other local government which received notice from the regional commission
may present, to the regional commission, its views on the local plan in a public
meeting or hearing which shall be held in accordance with rules established by
the regional commission with prior approval of the department.
(d)
The regional commission shall determine whether the adoption or implementation
of the local plan would present any conflict. The regional commission may
recommend a modification of the local plan in such a manner as to eliminate any
conflict or alleviate any problem or difficulty which such conflict may create.
The regional commission´s determination shall be in writing, shall be made
public, and shall be communicated by written notice given to the municipality or
county which submitted the local plan within 15 days after the date of the
public meeting or hearing.
(e)
The municipality or county which submitted the local plan may request
reconsideration of any recommendation by a regional commission within ten days
after the regional commission´s recommendation is made public. For
purposes of such reconsideration, the regional commission shall schedule,
announce, and hold a public hearing within 15 days after receipt of the request
for reconsideration. Notice of the time and place of any such public hearing
shall be given by the regional commission to all members of the regional
commission, in accordance with such procedures as the regional commission may
establish, subject to the prior approval of the department. The regional
commission shall also give such notice to all affected municipalities and
counties and appropriate state regulatory boards and agencies.
(f)
Within ten days after the public hearing, the regional commission shall either
continue its recommendations or modify the recommendations. In either case, the
regional commission shall make public its determination and shall give written
notice of its determination to the municipality or county which submitted the
local plan.
(g)
No municipality or county shall take any action to adopt any local plan, or to
put into effect any local plan, until 60 days after the date when the
municipality or county, as the case may be, submitted its complete local plan to
the regional commission for review, comment, and recommendation, except that any
request for reconsideration of any recommendation by a regional commission
pursuant to subsection (e) of this Code section shall automatically operate to
extend the 60 day period to 90 days.
50-8-37.
A
regional commission shall review all applications of municipalities, counties,
authorities, commissions, boards, or agencies within the area for a loan or
grant from the United States, the state, or any agency thereof if review by a
region-wide agency or body is required by federal or state law, rule, or
regulation. In each case requiring review, the municipality, county, authority,
commission, board, or agency shall, prior to submitting its application to the
United States or state or agency thereof, transmit the same to the regional
commission for its review. The comments of the regional commission shall then
become a part of the application, to be appended thereto when finally submitted
for the consideration of the United States, the state, or any agency
thereof.
50-8-38.
(a)
A regional commission shall keep books of account reflecting all funds received,
expended, and administered by the regional commission which shall be
independently audited at least once in each fiscal year during which a regional
commission functions. Such audit shall be conducted in accordance with generally
accepted government auditing standards. The state auditor shall promulgate
policies and procedures for procurement of such audit of the financial affairs
of a regional commission and shall annually review the audit procurement process
to determine compliance with established policies and procedures. The regional
commission shall be responsible for the costs associated with such audit. The
auditor´s report shall be presented to the governing body of each member
within the region and to the department. Beginning July 1, 1990, the books of
account shall be kept in a standard, uniform format to be determined by the
state auditor and the commissioner. Each regional commission shall update its
books of account on a quarterly basis and shall present the quarterly update to
the commissioner. The state auditor shall conduct at least triennially a
performance audit of all state funds received by each regional commission and
the department shall provide funds for such audits. The state auditor shall
provide copies of a performance audit of a regional commission to the chief
elected official of each county and municipality within the regional
commission´s region.
(b)
In conducting a performance audit of a regional commission, the state auditor
shall be allowed access to all books, records, and documents of the regional
commission and all books, records, and documents of any nonprofit corporations
either created or controlled or caused to be created by the regional commission,
to the extent the state auditor deems necessary.
(c)(1)
Each annual audit report of a regional commission shall be completed and a copy
of the report forwarded to the state auditor within 180 days after the close of
the regional commission´s fiscal year. In addition to the audit report,
the regional commission shall forward to the state auditor, within 30 days after
the audit report due date, written comments on the findings and recommendations
in the report, including a plan for corrective action taken or planned and
comments on the status of corrective action taken on prior findings. If
corrective action is not necessary, the written comments should include a
statement describing the reason it is not.
(2)
The state auditor shall review the audit report and written comments submitted
to his or her office to ensure that they meet the requirements for audits
provided for in subsection (a) of this Code section. If the state auditor finds
the requirements for audits have not been complied with, the state auditor
shall, within 60 days of his or her receipt of the audit or the written
comments, notify the regional commission and the auditor who performed the audit
and shall submit to them a list of deficiencies to be corrected. A copy of this
notification shall also be sent by the state auditor to the chief elected
official of each county and municipality within the regional commission´s
region and to each member of the General Assembly whose senatorial or
representative district includes any part of the regional commission´s
region.
(3)
If the state auditor has not received any required audit or written comments by
the date specified in paragraph (1) of this subsection, the state auditor shall
within 30 days of such date notify the regional commission that the audit has
not been received as required by law. A copy of this notification shall also be
sent by the state auditor to the chief elected official of each county and
municipality within the regional commission´s region and to each member of
the General Assembly whose senatorial or representative district includes any
part of the regional commission´s region.
(4)
The state auditor, for good cause shown by those regional commissions in which
an audit is in the process of being conducted or will promptly be conducted, may
waive the requirement for completion of the audit within 180 days. Such waiver
shall be for an additional period of not more than 180 days and no such waiver
shall be granted for more than two successive years to the same regional
commission.
(d)
A copy of the report and of any comments made by the state auditor pursuant to
paragraph (2) of subsection (c) of this Code section shall be maintained as a
public record for public inspection during the regular working hours at the
principal office of the regional commission.
(e)
Upon a failure, refusal, or neglect to have an annual audit made or a failure to
file a copy of the annual audit report with the state auditor or a failure to
correct auditing deficiencies noted by the state auditor, the state auditor
shall cause a prominent notice to be published in the legal organ of and any
other newspapers of general circulation within each county and municipality
within the regional commission´s region. Such notice shall be a
prominently displayed advertisement or news article and shall not be placed in
that section of the newspaper where legal notices appear. Such notice shall be
published once a week for two consecutive weeks and shall state that the
regional commission has failed or refused to file an audit report or to correct
auditing deficiencies, as the case may be, for the fiscal year or years in
question. Such notice shall further state that such failure or refusal is in
violation of state law.
(f)
The state auditor may waive the requirement of correction of auditing
deficiencies for a period of one year from the required audit filing date,
provided that evidence is presented that substantial progress is being made
toward removing the cause of the need for the waiver. No such waiver for the
same set of deficiencies shall be granted for more than two successive years to
the same regional commission.
(g)
Any other provision of this chapter to the contrary notwithstanding, nothing in
this chapter shall be construed to require public disclosure of or access to any
documents or information relating to loans made by or assigned to the United
States Small Business Administration which are exempt from disclosure based upon
the federal Privacy Act of 1974, the federal Freedom of Information Act, or the
Code of Federal Regulations.
(h)
Notwithstanding any other provision of this chapter, the state auditor shall not
be authorized or required to conduct financial or performance audits of any
records or documents relating to loans made by or assigned to the United States
Business Administration or any other entity or agency of the United States
government if said agency´s administrator certifies in writing to the state
auditor that said records or documents may not be disclosed to state auditors
under applicable federal regulations.
50-8-39.
Upon
a regional commission´s ceasing operations, the local government members of
the regional commission shall, within 30 days of cessation of the regional
commission´s operations, appoint a receiver of the assets of the regional
commission for the protection of creditors. The receiver shall be authorized to
marshal, sell, or transfer assets, pay liabilities, and assess counties and
municipalities which were members of the regional commission. After the
completion of such liquidation, a distribution shall be made to the local
government members on a pro rata basis according to the amount of contributions
such members made to the regional commission.
50-8-40.
When
federal or state law or regulations require the designation of an area-wide or
multicounty public or private corporation, organization, or agency for
multicounty delivery of human service programs, the state agency administering
such programs shall send a notice of intent to designate such area-wide or
multicounty corporation, organization, or agency to units of local government
and the regional commissions in the area to be affected. The notice shall
discuss in general the details of the program and, when applicable, possible
local government involvement.
50-8-41.
Each
regional development center in existence as of June 30, 2009, shall
automatically be succeeded by the regional commission for the same region as of
July 1, 2009, and each such regional commission shall be governed, from and
after July 1, 2009, by this article. All contractual obligations, obligations to
employees, other duties, rights, and benefits of such regional development
center shall automatically become duties, obligations, rights, and benefits of
their respective successor regional commissions.
50-8-42.
Any
metropolitan area planning and development commission, created pursuant to
Article 4 of this chapter, shall also serve as the regional commission for
the area covered by such metropolitan area planning and development commission.
The duties, responsibilities, and functions and the power and authority granted
the metropolitan area planning and development commission by law are, and shall
be construed to be, cumulative with, and in addition to, the duties,
responsibilities, and functions and the power and authority granted regional
commissions by law. In the event of any conflict between the provisions of law
governing metropolitan planning and development commissions and those governing
regional commissions, however, the laws governing metropolitan area planning and
development commissions shall control and shall govern the metropolitan area
planning and development commission. For example, but without intending to
limit the generality of the foregoing statement, the provisions of Code Sections
50-8-84 through 50-8-87, regarding membership of a metropolitan area planning
and development commission, terms of officers, quorums, and elections of
officers, would govern a metropolitan area planning and development commission
instead of the provisions covering the same subject matter under this
article.
50-8-43.
The
governing authorities of the local governmental entities within each regional
commission may appropriate or loan their funds, facilities, equipment, and
supplies to the regional commission.
50-8-44.
Each
regional commission exists for nonprofit and public purposes; and it is found
and declared that the carrying out of the purposes of each regional commission
is exclusively for public benefit and its property is public property. Thus, no
regional commission shall be required to pay any state or local ad valorem,
sales, use, or income taxes.
50-8-45.
(a)
The following provisions apply to all regional commissions. The Department of
Administrative Services is authorized to permit regional commissions, on an
optional basis, to purchase their motor vehicles, material, equipment, services,
and supplies through the state and to issue purchase orders for regional
commissions for motor vehicles, material, equipment, services, and
supplies.
(b)
The regional commissions of this state are authorized to purchase stock from the
state´s central supply system operated by the Department of Administrative
Services.
(c)
The regional commissions of this state are authorized to purchase under
state-wide term contracts and price agreements established by the Department of
Administrative Services.
(d)
The regional commissions of this state are authorized to receive directly from
the Department of Administrative Services personal property declared surplus by
the state.
(e)
The commissioner of administrative services shall prescribe regulations
necessary for implementation of this Code section and is authorized to establish
minimum standards and uniform standard specifications and procedures for the
purchase and distribution and disposition of motor vehicles, material,
equipment, services, and supplies for the regional commissions of this
state.
50-8-46.
Nothing
in this article shall limit or compromise the right of the governing authority
of any county or municipality to exercise the power of zoning.
50-8-47.
The
outstanding assets, liabilities, contracts, staff, records, or debts of any
regional development center not existing after July 1, 2009, shall thereafter be
transferred or disposed of by the commission the boundaries of which contain the
boundaries of any former regional development district."
SECTION
6.
Said
chapter is further amended by revising Code Section 50-8-60, relating to
definitions regarding conflicts of interest in contract administration, as
follows:
"50-8-60.
As
used in this article, the term:
(1)
'Board
member' means any member of the board of a regional development center
established under Article 2 of this chapter.
(2)
'Business' means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, trust, or other
legal entity.
(3)(2)
'Center'
means a regional development center established under Article 2 of this
chapter
'Commission'
means a regional commission established pursuant to Article 2 of this
chapter.
(4)(3)
'Commissioner' means the commissioner of community affairs.
(4)
'Council member' means any member of the council of a regional commission
established under Article 2 of this chapter.
(5)
'Employee' means any person who, pursuant to a written or oral contract, is
employed by a
center
regional
commission or by a nonprofit
corporation.
(6)
'Family' means spouse and dependents.
(7)
'Nonprofit corporation' means any nonprofit corporation created or controlled by
a regional
development
center
commission
as expressly authorized by law, or as administratively authorized pursuant to
paragraph
(18) of Code Section 50-8-31 and
subsection (f) of Code Section 50-8-35.
(8)
'Person' means any person, corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, or other legal
entity.
(9)
'Substantial interest' means the direct or indirect ownership of more than 25
percent of the assets or stock of any business.
(10)
'Transact business' or 'transact any business' means to sell or lease any
personal property, real property, or services on behalf of oneself or on behalf
of any third party as an agent, broker, dealer, or representative; to purchase
surplus real or personal property on behalf of oneself or on behalf of any third
party as an agent, broker, dealer, or representative; or to obtain loans or loan
packaging services on behalf of oneself or any third party as an agent, dealer,
broker, or representative."
SECTION
7.
Said
chapter is further amended by revising Code Section 50-8-67, relating to
influence of election of board members prohibited and adoption of disciplinary
measures, as follows:
"50-8-67.
A
director or
chief administrative officer
member
of a regional
development
center
commission´s
council or executive director of a regional
commission shall not actively or directly
attempt to influence the election of persons as members of the
board
council
of such regional
development
center
commission.
A
An
executive director
or chief
administrative officer of a regional
development
center
commission
shall not participate in any partisan political activities. The
board
council
of a regional
development
center
commission
may adopt, as part of its personnel policies, disciplinary measures to be
imposed for noncompliance with this Code section."
SECTION
8.
Said
chapter is further amended by revising Code Section 50-8-83, relating to powers,
duties, and obligations of regional development centers, as
follows:
"50-8-83.
A
commission shall be, for its area, a regional
development
center
commission
as defined in and with all the powers, duties, and obligations of a regional
development
center
commission
set forth in Article 2 of this chapter and any other law of general application
pertaining to regional
development
centers
commissions
on July 1,
1989
2009;
and in addition shall have all of the other powers, duties, and obligations set
forth in this article."
SECTION
9.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to the
Metropolitan North Georgia Water Planning District, is amended by revising
paragraphs (4), (7), and (14) of and adding a new paragraph to Code Section
12-5-441, relating to definitions regarding water resources, as
follows:
"(4)
'Center'
means the regional development center created for any county or group of
counties included in each such region pursuant to the authority contained in
Article 2 of Chapter 8 of Title 50
Reserved."
"(5.1)
'Commission' means a regional commission established pursuant to this article,
including its predecessor, a 'regional development
center.'"
"(7)
'Flood plain' means that area adjacent to a major stream which is subject to
being flooded with a probable frequency of at least once every 100 years. The
center
regional
commission shall delineate the flood plain
and in doing so may utilize or adopt studies prepared by the Corps of Engineers,
United States Army, or such other studies as the
center
regional
commission deems
competent."
"(14)
'Plan' means the comprehensive plan or plans prepared by the
center
regional
commission pursuant to Code Section
12-5-443."
SECTION
10.
Said
chapter is further amended by revising subsection (b) of Code Section 12-5-579,
relating to staffing and cooperation between agencies, as follows:
"(b)
The Atlanta
Regional Commission, the Georgia Mountains Regional Development Center, the
Coosa Valley Regional Development Center, the Chattahoochee-Flint Regional
Development Center, and the Northeast Georgia Regional Development
Center
Any
commission, as defined by Code Section 50-8-31, falling within the geographic
boundaries of the district shall cooperate
with the district and shall assist it in its efforts."
SECTION
11.
Code
Section 2-6-28 of the Official Code of Georgia Annotated, relating to number and
boundaries of soil and water conservation districts, alteration of existing
districts, or formation of new districts, is amended in subsection (b) by
replacing "development center" with "commission."
SECTION
12.
Code
Section 8-2-113 of the Official Code of Georgia Annotated, relating to
promulgation of rules and regulations by commissioner, delegation of inspection
authority, rules and regulations continued in full effect, advisory committee,
powers of commissioner, and training programs, is amended in paragraph (9) of
subsection (d) by replacing "development center" with
"commission."
SECTION
13.
Part
1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to solid waste management, is amended by replacing
"development center" with "commission" wherever the former occurs
in:
(1)
Code Section 12-8-31.1, relating to local, multijurisdictional, or regional
solid waste plans; and
(2)
Code Section 12-8-32, relating to permits for regional solid waste disposal
facilities.
SECTION
14.
Code
Section 14-3-140 of the Official Code of Georgia Annotated, relating to
definitions regarding notice, is amended in paragraph (14) by replacing
"development center" with "commission."
SECTION
15.
Code
Section 31-6-43 of the Official Code of Georgia Annotated, relating to
acceptance or rejection of application for certificate, is amended in
subsections (a) and (g) by replacing "development center" with
"commission."
SECTION
16.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended
by replacing "development center" with "commission" wherever the former occurs in:
by replacing "development center" with "commission" wherever the former occurs in:
(1)
Code Section 36-70-2, relating to definitions regarding planning;
(2)
Code Section 36-70-3, relating to powers of municipalities and
counties;
(3)
Code Section 36-70-4, relating to municipality and county as members of regional
development centers, membership dues, and participation in compiling Department
of Community Affairs data base;
(4)
Code Section 36-80-20, relating to decal or seal required on vehicles owned or
leased by any county, municipality, regional development center, school system,
commission, board, or public authority; and
(5)
Code Section 36-81-8.1, relating to definitions regarding grant certification
forms.
SECTION
17.
Code
Section 44-3-3 of the Official Code of Georgia Annotated, relating to certain
necessary documents required prior to the sale of subdivided land, is amended in
subparagraph (a)(2)(P) by replacing "development center" with
"commission."
SECTION
18.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended
by replacing "development center" with "commission" wherever the former occurs in:
by replacing "development center" with "commission" wherever the former occurs in:
(1)
Code Section 50-8-2, relating to definitions regarding general provisions
relating to the Department of Community Affairs;
(2)
Code Section 50-8-8, relating to grants, loans, other disbursements of funds,
and state community development program;
(3)
Code Section 50-8-81, relating to legislative intent;
(4)
Code Section 50-8-121, relating to rural economic development
areas;
(5)
Code Section 50-8-122, relating to studies for proposed projects;
(6)
Code Section 50-8-212, relating to definitions regarding rural facilities
economic development;
(7)
Code Section 50-8-215, relating to policies and procedures for facilities
development committee;
(8)
Code Section 50-8-216, relating to preparation of comprehensive local plan for
less developed county; and
(9)
Code Section 50-29-2, relating to authority of public agencies that maintain
geographic information systems to contract for the provision of
services.
SECTION
19.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by replacing "development centers" with
"commissions" wherever the former occurs in:
(1)
Code Section 12-3-114, relating to policies to guide department in creating and
administering system;
(2)
Code Section 12-5-523, relating to cooperation with Water Council, involvement
of stakeholders, and initial draft plan;
(3)
Code Section 12-8-31, relating to state solid waste management plan;
and
(4)
Code Section 12-8-31.1, relating to local, multijurisdictional, or regional
solid waste plans.
SECTION
20.
Code
Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial
support and project grants for research, programs, and purchases, is amended in
subsections (b) and (c) by replacing "development center" with
"commission."
SECTION
21.
Code
Section 36-87-2 of the Official Code of Georgia Annotated, relating to authority
of counties and municipal corporations to participate in programs, is amended in
subparagraph (a)(2)(C) by replacing "development center" with
"commission."
SECTION
22.
Chapter
12 of Title 45 of the Official Code of Georgia Annotated, relating to the
governor, is amended by replacing "development centers" with "commissions"
wherever the former occurs in:
(1)
Code Section 45-12-172, relating to Office of Planning and Budget to review and
comment on proposed development programs and serve as liaison with levels of
government; and
(2)
Code Section 45-12-206, relating to cooperation of state agencies, counties,
municipalities, and other political subdivisions with Governor´s
Development Council.
SECTION
23.
Code
Section 48-13-51 of the Official Code of Georgia Annotated, relating to county
and municipal levies on public accommodations charges for promotion of tourism,
conventions, and trade shows, is amended in subparagraph (a)(8)(B) by replacing
"development centers" with "commissions."
SECTION
24.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by replacing "development centers" with "commissions" wherever the
former occurs in:
(1)
Code Section 50-8-2, relating to definitions regarding general provisions
relating to the Department of Community Affairs;
(2)
Code Section 50-8-122, relating to studies for proposed projects;
(3)
Code Section 50-8-123, relating to recommendation, approval, funding, and
implementation of projects; and