08 LC
33 2604S
The
Senate Education and Youth Committee offered the following substitute to HB
641:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to establish the Georgia Foundation
for Public Education and provide for its membership, duties, powers, and
purposes; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new Code section to read as
follows:
"20-2-14.1
(a)
There is established the Georgia Foundation for Public Education existing as a
public corporation and instrumentality of the state, exclusively limited to the
following charitable and public purposes and powers:
(1)
To solicit and accept contributions of money and in-kind contributions of
services and property for the purpose of supporting educational excellence in
Georgia;
(2)
To solicit and accept contributions of money and in-kind contributions of
services and property for the purpose of supporting educational excellence at
Georgia Academy for the Blind, Georgia School for the Deaf, and Atlanta Area
School for the Deaf;
(3)
To sell and dispose of contributed property and securities in accordance with
the prudent person rule;
(4)
To make and disburse contributions to the department and others for such
purposes;
(5)
To contract and be contracted with for purposes of the foundation;
and
(6)
To seek recognition of tax exempt status by the United States Internal Revenue
Service and to seek confirmation concerning the deductibility of
contributions.
(b)
The Georgia Foundation for Public Education shall be attached to the department
for administrative purposes. The Attorney General shall be the attorney for the
foundation. The State School Superintendent may solicit and accept
contributions from the foundation. The department may cooperate and contract
with the foundation for their mutual benefit and authorize others to do so.
Upon any dissolution of the foundation, its assets shall devolve in trust to the
State Board of Education or its successor for use only for the benefit of the
department and the schools listed in paragraph (2) of subsection (a) of this
Code section.
(c)
The creation of the foundation and the execution of its corporate purposes shall
be in all respects for the benefit of the people of this state and constitute a
public and charitable purpose. Further, the foundation performs an essential
governmental function in the exercise of the powers conferred upon it by this
Code section. Accordingly, the foundation shall not be subject to taxation or
assessment in any manner, including without limitation taxation or assessment
upon any transaction, income, money, or other property or activity. The
exemptions granted by this Code section shall not be extended to any private
person or entity.
(d)(1)
The foundation shall be governed by a board of directors composed of between
five and 15 members as determined by the State School Superintendent. Members
of the board of directors shall be appointed by either the State School
Superintendent or the State Board of Education. For every three board members
appointed by the State School Superintendent, the State Board of Education may
appoint two board members. At least two members of the board of directors
appointed by the State Board of Education shall represent the interests of
students who are blind or deaf. The chairperson of the Budget and Finance
Committee of the State Board of Education, or such committee´s successor,
shall be an ex officio member of the foundation board of directors. The
foundation board of directors shall draft and adopt governance bylaws, subject
to approval by the State School Superintendent.
(2)
The foundation shall have complete discretion to invest any and all assets as it
sees fit in accordance with the prudent person rule, and at no time shall the
assets of the foundation be considered assets of the state.
(3)
The foundation shall not be subject to state purchasing laws, as contained in
Article 3 of Chapter 5 of Title 50 or in other provisions of this Code, or
required to dispose of property in accordance with Article 4 of Chapter 5 of
Title 50.
(4)
The foundation shall be authorized to purchase insurance as provided by Code
Section 50-5-16.
(5)
The foundation shall have the authority to roll over any unused funds into the
next fiscal year.
(e)
The foundation´s operations shall not be subject to Article 1 of Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.'
(f)
The foundation shall be deemed to be a charitable organization for purposes of
voluntary contributions from state employees pursuant to Article 3 of Chapter 20
of Title 45."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.