07 LC 38
0345
House
Bill 814
By:
Representatives Manning of the
32nd,
Tumlin of the
38th,
Parsons of the
42nd,
Ehrhart of the
36th,
Setzler of the
35th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Cobb County Commission on Children and Youth, approved
February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act
approved May 30, 2003 (Ga. L. 2003, p. 3672), so as to re-create the Cobb County
Commission on Children and Youth; to provide for the manner of appointment of
members; to provide for duties and powers; to authorize the commission to
receive and expend funds; to provide for all related matters; to provide for an
annual report; to allow the commission to qualify for treatment under the
Internal Revenue Code as a tax exempt organization; to provide for a termination
date; to provide for 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 Cobb County Commission on Children and Youth, approved February
24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May
30, 2003 (Ga. L. 2003, p. 3672), is amended by revising Sections 1 through 12 as
follows:
"SECTION
1.
(a)
The Cobb County Commission on Children and Youth is re-created. The commission
shall be composed as follows:
(1)
Each member of the Cobb County State House and State Senate delegation shall
appoint one member to the commission. Each commission member appointed pursuant
to this paragraph shall reside in the respective district of the State House
Representative or State Senator who appointed such commission
member;
(2)
Six members to be appointed by the Board of Commissioners of Cobb County, three
of whom shall reside in Commission Districts 2 and 3 who shall be appointed by
members of the board who represent such districts and three of whom shall reside
in Commission Districts 1 and 4 who shall be appointed by members of the board
who represent such districts; and
(3)
Seven members to be appointed by the judiciary of the Cobb County courts,
including the superior court, the state court, the magistrate court, the
juvenile court, and the probate court.
Appointments
to the Cobb County Commission on Children and Youth shall include at least one
member from each of the following fields or professions:
(1)
Law enforcement;
(2)
Child welfare;
(3)
Medical;
(4)
The judiciary;
(5)
Education; and
(6)
The business and civic community.
(b)
All appointments to the commission shall be made within 30 days after the
effective date of this Act. All persons appointed to serve on the Cobb County
Commission on Children and Youth shall be residents of said county. If a member
of the commission moves his or her residence from the county, that member´s
position shall immediately become vacant and shall be filled in the same manner
as the initial appointment.
SECTION
2.
The
commission shall undertake a study of the needs, issues, and problems relating
to children and youth in Cobb County. The commission may meet at such times and
places as it deems necessary to perform its duties and accomplish the goals and
purposes of this resolution. The members of the commission shall elect a
chairperson and such other officers as it deems necessary from its membership at
the organizational meeting. The commission may adopt such rules or procedures as
it finds necessary or desirable for the governance of its operations. The
members of the commission shall serve without compensation or reimbursement for
expenses from public funds.
SECTION
3.
The
commission is authorized to receive, accept, and expend funds from public or
private sources for programs to benefit the children and youth of Cobb County.
The commission is authorized to expend such funds to employ an administrative
assistant or a coordinator, or both, who shall not be a member of the
commission, for such programs. The salary of such employee or employees shall be
set by the commission.
SECTION
4.
The
commission shall make an annual report on July 1 of each year of its findings
and recommendations to the members of the Cobb County legislative delegation,
the Board of Commissioners of Cobb County, and the judicial officers of Cobb
County.
SECTION
5.
The
commission shall be a corporate body specially created by this Act of the
General Assembly. The commission shall not exercise any governmental powers. The
purposes for which the commission is organized are exclusively charitable and
educational within the meaning of Section 501(c)(3) of the Internal Revenue Code
or the corresponding provisions of any future Internal Revenue Code and are, as
stated in Sections 2 and 3 of this Act, to conduct and carry on other such
activities as are compatible with the principal purpose and goal of the
commission and to conduct all said business as principal, agent, or otherwise as
permitted by Georgia law.
SECTION
6.
No
part of the net earnings, revenues, or other funds of the commission shall inure
to the benefit of or be distributable to the commission´s members or other
private persons with the exception that the commission shall be authorized and
empowered to pay such reasonable compensation for services rendered to it by its
employees and other private persons in furtherance of the purposes of the
commission, as authorized by the board of directors.
SECTION
7.
No
substantial part of the activities of the commission shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and the commission
shall not participate in, or intervene in (including the publishing or
distribution of statements), any political campaign on behalf of or in
opposition to any candidate for public office.
SECTION
8.
Notwithstanding
any other provisions of this Act, the commission shall not carry on any other
activities not permitted to be carried on by an organization exempt from federal
income tax under Section 501(c)(3) of the Internal Revenue Code or any
corresponding section of any future Internal Revenue Code or by an organization,
contributions to which are deductible under Section 170(c)(2) of the Internal
Revenue Code or any corresponding section of any future Internal Revenue
Code.
SECTION
9.
In
the event of dissolution, the residual assets of the commission shall be turned
over to one or more organizations which themselves are exempt as organizations
described in Sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code or
corresponding sections of any future Internal Revenue Code or to the federal,
state, or local government for exclusively public purposes. The residual assets
of the predecessor commission abolished as of February 1, 2008, may be
transferred to the commission re-created by this Act.
SECTION
10.
The
commission is organized pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code, as now or hereafter amended, and shall have and enjoy all
the rights and privileges herein set out, and such other additional powers and
privileges as may be necessary, proper, or incidental to the pursuit of the
purposes for which the commission was created.
SECTION
11.
The
commission shall stand abolished July 1, 2014.
SECTION
12.
All
laws and parts of laws in conflict with this Act are
repealed."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.