07 LC
35 0439
Senate
Bill 130
By:
Senators Grant of the 25th, Whitehead, Sr. of the 24th, Cowsert of the 46th,
Douglas of the 17th and Pearson of the 51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating
to agricultural marketing facilities, organizations, and programs, so as to
repeal Article 1, relating to the Georgia Building Authority (Markets); to amend
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, so as
to repeal Article 2, relating to the Georgia Building Authority (Hospital); to
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to repeal Chapter 3, relating to the Georgia Building
Authority (Penal); to amend Article 1 of Chapter 9 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions for the Georgia
Building Authority, to subrogate the Georgia Building Authority for certain
repealed agencies by transferring certain operational powers to the Georgia
Building Authority and by transferring the rights, privileges, functions,
assets, obligations, employees, and immunities of the Georgia Building Authority
(Markets), the Georgia Building Authority (Hospital), the Georgia Building
Authority (Penal), and the Agency for Removal of Hazardous Materials to the
Georgia Building Authority; to amend Chapter 9 of Title 50 of the Official Code
of Georgia Annotated, relating to the Georgia Building Authority, so as to
repeal Article 4, relating to the Hazardous Materials Removal Agency; to reserve
certain chapters and articles; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 2 of the Official Code of Georgia Annotated, relating to
agricultural marketing facilities, organizations, and programs, is amended by
repealing Article 1, relating to the Georgia Building Authority (Markets), and
designating said article as reserved.
SECTION
2.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, is
amended by repealing Article 2, relating to the Georgia Building Authority
(Hospital), and designating said article as reserved.
SECTION
3.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by repealing Chapter 3, relating to the Georgia Building Authority
(Penal), and designating said chapter as reserved.
SECTION
4.
Article
1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions for the Georgia Building Authority, is amended by revising
Code Section 50-9-5, relating to general powers of the authority, as
follows:
"50-9-5.
The
authority shall have the powers:
(1)
To have a seal and alter the same at pleasure;
(2)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate
purposes;
(3)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation, in accordance with any and all
laws applicable to the condemnation of property for public use, real property or
rights of easements therein or franchises necessary or convenient for its
corporate purposes and to use the same so long as its corporate existence shall
continue and to lease or make contracts with respect to the use of or disposal
of the same in any manner it deems to the best advantage of the authority, the
authority being under no obligation to accept and pay for any property condemned
under this chapter except from the funds provided under the authority of this
chapter; and in any proceedings to condemn, such orders may be made by the court
having jurisdiction of the action or proceeding as may be just to the authority
and to the owners of the property to be condemned. No property shall be acquired
under this chapter upon which any lien or other encumbrance exists unless at the
time such property is so acquired a sufficient sum of money is deposited in
trust to pay and redeem the fair value of the lien or encumbrance; and if the
authority shall deem it expedient to construct any project on lands which are a
part of the real estate holdings of the state, the Governor is authorized to
execute for and on behalf of the state a lease of the lands to the authority for
such parcel or parcels as shall be needed for a period not to exceed 50 years.
If the authority shall deem it expedient to construct any project on any other
lands the title to which shall then be in the state, the Governor is authorized
to convey, for and in behalf of the state, title to such lands to the
authority;
(4)
To appoint and select officers, agents, and employees, including engineering,
architectural, and construction experts, fiscal agents, and attorneys, and fix
their compensation and to serve as financial adviser and agent to other state
authorities;
(5)
To make contracts and leases and to execute all instruments necessary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which it causes to be
erected or acquired; and any and all political subdivisions, departments,
institutions, or agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for such purposes
as they deem advisable. Without limiting the generality of the above, authority
is specifically granted to any department, board, commission, agency, or
appellate court of the state to enter into contracts and lease agreements for
the use or concerning the use of any structure, building, or facilities or a
combination of any two or more structures, buildings, or facilities of the
authority for a term not exceeding 50 years; and any department, board,
commission, or agency of the state may obligate itself to pay an agreed sum for
the use of the property so leased and also to obligate itself as part of the
lease contract to pay the cost of maintaining, repairing, and operating the
property leased from the authority;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects, as defined in Code Section 50-9-2,
to be located on property owned by or leased by the authority, the cost of any
such project to be paid in whole or in part from the proceeds of revenue bonds
of the authority or from such proceeds and any grant from the United States or
any agency or instrumentality thereof;
(7)
To accept loans or grants of money or materials or property of any kind from the
United States or any agency or instrumentality thereof upon such terms and
conditions as the United States or the agency or instrumentality may
impose;
(8)
To borrow money for any of its corporate purposes and to issue negotiable
revenue bonds payable solely from funds pledged for that purpose and to provide
for the payment of the same and for the rights of the holders
thereof;
(9)
By or through its agents or employees, to enter upon any lands, waters, and
premises in the state for the purpose of making such surveys, soundings,
drillings, and examinations as the authority may deem necessary or convenient
for the purposes of this article; and such entry shall not be deemed a trespass;
the authority shall, however, make reimbursement for any actual damage resulting
from such activities;
(10)
To make reasonable regulations for the installation, construction, maintenance,
repair, renewal, removal, and relocation of the pipes, mains, conduits, cables,
wires, poles, towers, tracks, and other equipment and appliances of any public
utility in, on, along, over, or under any project;
(11)
To accept loans and grants of money or materials or property of any kind from
the United States of America or any agency or instrumentality thereof upon such
terms and conditions as the United States government or such agency or
instrumentality may impose;
(12)
Through its own staff and resources or through the procurement of services and
resources from the private sector, to establish and administer a program for the
abatement and removal of asbestos and other hazardous materials from premises of
the state, state authorities, counties, municipal corporations, local and
independent school systems, and other units and authorities of state and local
government;
(9)(13)
To exercise any power usually possessed by private corporations performing
similar functions, which is not in conflict with the Constitution and laws of
this state; and
(10)(14)
To do all things necessary or convenient to carry out the powers expressly given
in this chapter."
SECTION
5.
Said
article is further amended by adding a new Code section to read as
follows:
"50-9-17.
(a)
As used in this Code section, the term:
(1)
'Authority' means the Georgia Building Authority as set forth in Code Section
50-9-2.
(2)
'Transferred authorities' means the Georgia Building Authority (Markets) set
forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority
(Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building
Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal
of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each
entity existed as of June 30, 2007.
(b)
Beginning July 1, 2007, all functions, duties, responsibilities, and obligations
of the transferred authorities shall belong to the authority. The authority
shall also succeed to the rights, claims, remedies, securities, and any other
debt or obligation owing to the transferred authorities.
(c)
The authority shall be substituted for the transferred authorities on any bonds,
claims, causes of action, contracts, leases, agreements, or other indebtedness
or obligations of the transferred authorities. Contracts held by the
transferred authorities shall be considered contracts of the authority, and any
rights of renewal, prerogatives, benefits, and rights of enforcement under such
contracts shall also be transferred to the authority.
(d)
Appropriations for functions transferred from the transferred authorities to the
authority may be transferred as provided in Code Section 45-12-90, relating to
disposition of appropriations for duties, purposes, and objects which have been
transferred. Personnel, equipment, and facilities previously employed for such
transferred functions shall likewise be transferred to the authority. Upon the
effective date of the transfer, all personnel positions authorized for the
transferred authorities shall be transferred to the authority and all employees
whose positions are transferred to the authority shall become employees of the
authority in the unclassified service as provided in Code Section
45-20-6.
(e)
All assets, moneys, properties both tangible and intangible, and other valuable
instruments and consideration belonging to the transferred authorities on the
date of transfer shall become the property and assets of the
authority.
(f)
Rules and regulations previously adopted by the transferred authorities shall
remain in full force and effect as rules and regulations of the authority until
amended, repealed, or superseded by action of the authority."
SECTION
6.
Chapter
9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia
Building Authority, is amended by repealing Article 4, relating to the Hazardous
Materials Removal Agency, and designating said article as reserved.
SECTION
7.
This
Act shall become effective on July 1, 2007.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.