08 LC 35
1030S
The
Senate State and Local Governmental Operations Committee offered the following
substitute to HB 1463:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Augusta-Richmond County Coliseum Authority, approved
April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March
16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to
change the membership of the authority; to provide for the terms and appointment
of members of the authority; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Augusta-Richmond County Coliseum Authority, approved
April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16,
1993 (Ga. L. 1993, p. 4087), is amended by striking Section 2 and inserting in
its place a new Section 2 to read as follows:
"SECTION
2.
(a)
There is created a body corporate and politic to be known as the
Augusta-Richmond County Coliseum Commission, which shall be a successor to the
Augusta-Richmond County Coliseum Authority, and which shall be deemed to be a
political subdivision of the State of Georgia and a public corporation and by
that name, style, and title said body may contract and be contracted with, sue
and be sued, implead and be impleaded, and complain and defend in all courts of
law and equity. Effective on and after July 1, 2008, the commission shall
consist of nine members to be appointed as follows:
(1)
Eight members shall be appointed by the Augusta-Richmond County Commission, with
the five commissioners of Super District 9 entitled to appoint four members and
the five commissioners of Super District 10 entitled to appoint four members;
and
(2)
One member shall be appointed by the mayor of the City of Augusta,
Georgia.
In
order to be qualified to serve on the commission an appointee shall be a
resident of Richmond County and should have experience in one or more of the
following fields: business administration and management, business finance, the
food services industry, the entertainment industry, advertising, marketing, law,
or other related field.
(b)
The appointees shall serve two-year terms; provided, however, that two members
appointed from each of the Super Districts shall be appointed for an initial
term of one year. The commissioners of each Super District shall determine and
designate by majority vote which two members of the four members to be appointed
by such commissioners shall serve an initial term of only one year. In order
for an appointee to be removed from the authority, seven members of the
August-Richmond County Commission, without the necessity of a showing of cause,
must vote for the removal of the appointee.
(c)
The members of the authority in office on June 30, 2008, shall not serve until
the regular expiration of the terms to which such members were appointed and the
terms of such members shall expire on midnight of June 30, 2008. No member of
the authority who has held office at any time in the six months prior to the
effective date of this Act shall be eligible for re-appointment to the
commission created under the provisions of this Act.
(d)
As soon as practicable on or after June 1, 2008, the mayor and the
Augusta-Richmond County Commission shall appoint such members provided for in
this section for initial terms beginning on July 1, 2008, to replace the
previously appointed members. All appointees to the commission shall serve
until their respective successors are appointed and qualified. Members of the
commission shall be allowed to succeed themselves and be reappointed for a
maximum of two consecutive terms.
(e)
Immediately after their appointment, the members of the commission shall enter
upon their duties. They shall all attend an orientation and training course
approved by the Augusta-Richmond County Commission. They shall elect one of
their number as chairperson, another as vice chairperson, and may also elect a
secretary and treasurer who need not necessarily be a member of the commission.
The chairperson and vice chairperson, secretary and treasurer shall serve for a
period of one year and until their successors are appointed and qualified. Six
members of the commission shall constitute a quorum. The chairperson shall be a
nonvoting member of the commission, except he or she may vote to break a tie
vote by the other members. The chairperson shall form committees and appoint
members thereto as he or she deems necessary.
(f)
In the event of a vacancy by reason of death, disqualification, removal,
resignation, or other reason, the governing body which appointed such member
shall appoint a person to serve the remainder of the term of such member. No
vacancy on the commission shall impair the right of the quorum to exercise all
their rights and to perform all of the duties of the Authority.
(g)
The members of the commission shall serve without compensation provided that all
members shall be reimbursed for their actual expenses necessarily incurred in
the performance of their duties. The commission shall make rules and
regulations governing the procedures to be followed in conducting the business
of the commission. It shall have perpetual existence."
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.