07 LC
35 0642S
The
House Committee on Public Safety and Homeland Security offers the
following
substitute to SB 290:
substitute to SB 290:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 6 of the Official Code of Georgia Annotated, relating to aviation,
so as to create the Georgia Aviation Authority; to provide for a short title and
a definition; to provide for the membership, governance, operation, powers,
duties, and administrative attachment of the authority; to provide that the
general purpose of the authority shall be to acquire, operate, maintain, house,
and dispose of all state aviation assets; to provide for other matters related
to the authority and its creation; to provide for a performance audit of the
authority; to amend Code Section 32-2-2 of the Official Code of Georgia
Annotated, relating to powers and duties of the Department of Transportation, so
as to remove provisions relative to the authority of that department with
respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code
of Georgia Annotated, relating to state government transportation services, so
as to repeal Article 2, the "Air Transportation Act," relating to the powers and
duties of the Department of Transportation with respect to state air
transportation; to provide for other related matters; to provide for sunset
provisions; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
6 of the Official Code of Georgia Annotated, relating to aviation, is amended by
adding a new Chapter 5 to read as follows:
"CHAPTER
5
6-5-1.
This
chapter shall be known and may be cited as the 'Georgia Aviation Authority
Act.'
6-5-2.
As
used in this chapter, the term:
(1)
'Authority' means the Georgia Aviation Authority.
(2)
'State aircraft' means any aircraft, including equipment, owned, leased, rented,
chartered, or otherwise obtained by the authority.
6-5-3.
(a)
There is created a body corporate and politic to be known as the Georgia
Aviation Authority which shall be deemed to be an instrumentality of the state
and a public corporation, and by that name, style, and title the body may
contract and be contracted with, implead and be impleaded, and bring and defend
actions in all courts. The authority shall consist of the Governor or his or
her designee, the Lieutenant Governor or his or her designee, the Speaker of the
House of Representatives or his or her designee, the commissioner of
transportation, the commissioner of public safety, the commissioner of natural
resources, the director of the State Forestry Commission, and three persons from
the aviation business community with one member of the aviation business
community to be appointed by the Governor, one such member to be appointed by
the Speaker of the House of Representatives, and one such member to be appointed
by the President of the Senate. The authority shall make rules and regulations
for its own government. It shall have perpetual existence.
(b)
The authority is assigned to the Office of Planning and Budget for
administrative purposes only as prescribed in Code Section 50-4-3.
(c)
The authority may in its discretion employ an executive director and other
personnel. The authority may also by agreement with any department or agency of
state government make use of personnel of such department or
agency.
(d)
The authority may designate personnel positions employed by the authority as
peace officers who shall be required by the terms of their employment to give
their full time to the preservation of public order, the protection of life and
property, the detection of crime and such other duties as may be specified by
the authority. Personnel in such positions shall comply with the requirements
of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8
of Title 35 and shall have the power of arrest in the performance of their
duties.
6-5-4.
(a)
The general purpose of the authority shall be to acquire, operate, maintain,
house, and dispose of all state aviation assets, to provide aviation services
and oversight of state aircraft and aviation operations to ensure the safety of
state air travelers and aviation property, to achieve policy objectives through
aviation missions, and to provide for the efficient operation of state aircraft.
All aircraft owned or operated as of July 1, 2007, or a later date determined by
the Governor, by any other entity of state government shall be transferred on
that date to the custody and control of the authority; provided, however, that
this chapter shall have no application to aircraft owned or operated by the
Department of Defense. On and after July 1, 2007, or a later date determined by
the Governor, no other entity of state government shall acquire, lease, or
charter any aircraft other than through the authority. All state aircraft
required for the proper conduct of the business of the several administrative
departments, boards, bureaus, commissions, authorities, offices, or other
agencies of Georgia and authorized agents of the General Assembly, or either
branch thereof, and department owned airfields and their appurtenances shall be
managed and maintained by the authority. The cost for the use of such state
aircraft shall be charged by the authority to the using state entity. The
amount of such charge shall be determined by the authority. The authority shall
be authorized to dispose of any state aircraft and apply the proceeds derived
therefrom to the purchase of replacement aviation assets.
(b)
In the furtherance of its purpose, the authority shall have the power
to:
(1)
Organize, staff, train personnel to operate, maintain, house, purchase, and
dispose of aviation assets;
(2)
Purchase, maintain, develop, and modify facilities to support aviation assets
and operations;
(3)
Develop operating, maintenance, safety, security, training, education, and
scheduling standards for state aviation operations and conduct inspections,
audits, and other similar oversight to determine practices and compliance with
such standards;
(4)
Develop an accountability system for state aviation operations and
activities;
(5)
Identify the costs associated with the purchase, operation, maintenance, and
administration of state aircraft and aviation operations and related facilities,
training, and education, develop an appropriate billing structure, and charge
agencies and other state entities for the costs of state aircraft and aviation
operations; provided, however, that any billing to an agency by the authority
shall be suspended whenever the Governor declares a state of emergency on any
cost associated with aircraft used during and in response to the state of
emergency;
(6)
Retain appropriate external consulting and auditing expertise;
(7)
Engage aviation industry representatives to ensure best practices for state
aviation assets;
(8)
Delegate certain powers pursuant to this chapter to other state entities;
and
(9)
Otherwise implement appropriate and efficient management practices for state
aviation operations.
(c)
The authority shall provide support for those state agencies and departments
whose operations require aviation operations. No state entity other than the
authority shall be authorized to expend state funds to purchase, lease, rent,
charter, maintain, or repair state aircraft to be used in connection with state
business or to employ a person whose official duties consist of piloting state
aircraft without the approval of the authority.
(d)
The funds and assets of the authority, as well as the performance of the
authority, its services, and equipment, shall be independently audited
biennially. The initial audit shall be concluded no later than November 30,
2009. The results of such audit shall be open to inspection at reasonable times
by any person. A copy of the audit report shall be sent to the state auditor
and the state accounting officer. The authority shall also provide the
Governor, the Speaker of the House, the President of the Senate, the chairperson
of the House Committee on Public Safety and Homeland Security, and the
chairperson of the Senate Committee on Public Safety and Homeland Security with
a copy of the independent audit report which shall include a full report of the
activities and services of the authority. The performance audit report shall be
provided no later than December 31, 2009, and every two years
thereafter.
6-5-5.
In
addition to the powers specified in Code Section 6-5-4, the authority shall have
the powers:
(1)
To have a seal and alter the same at its 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 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. 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 pilots,
maintenance workers, engineering, architectural, aviation, and construction
experts, fiscal agents, and attorneys, and fix their compensation and otherwise
adopt policies that establish a system of sound personnel
management;
(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, or agency 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 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;
(7)
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
(8)
To do all things necessary or convenient to carry out the powers expressly given
in this chapter.
6-5-6.
All
moneys received pursuant to the authority of this chapter shall be deemed trust
funds to be held and applied solely as provided in this chapter.
6-5-7.
It
is found, determined, and declared that the creation of the authority and the
carrying out of its corporate purpose are in all respects for the benefit of the
people of this state and are a public purpose and the authority will be
performing an essential governmental function in the exercise of the power
conferred upon it by this chapter.
6-5-8.
Any
action to protect or enforce any rights under this chapter shall be brought in
the Superior Court of Fulton County.
6-5-9.
This
chapter, being for the welfare of the state and its inhabitants, shall be
liberally construed to effect the purposes hereof."
SECTION
2.
Code
Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and
duties of the Department of Transportation, is amended by revising paragraph
(16) of subsection (a) as follows:
"(16)
Reserved;
(A) All
state aircraft required for the proper conduct of the business of the several
administrative departments, boards, bureaus, commissions, authorities, offices,
or other agencies of Georgia and authorized agents of the General Assembly, or
either branch thereof, and department owned airfields and their appurtenances
shall be managed and maintained by the department. The cost for the use of such
state aircraft shall be charged by the department to the using agency. The
amount of such charge shall be determined by the department. The department
shall be authorized to dispose of any state aircraft and apply the proceeds
derived therefrom to the purchase of replacement aircraft when the director of
the Office of Planning and Budget shall authorize such actions, notwithstanding
any other provisions of law to the contrary.
(B)
The department shall have all those powers and duties formerly set forth in Code
Section 50-19-23, which statute relates to the maintenance and operation of
state aircraft, supervision of their pilots, and similar matters.
(C)
No department, board, bureau, commission, authority, office, or other agency of
Georgia shall be authorized to expend state funds to purchase, lease, rent,
charter, maintain, or repair state aircraft to be used in connection with state
business or to employ a person whose official duties consist of piloting state
aircraft except the Department of Transportation.
(D)
The Department of Administrative Services shall purchase all aircraft for the
department in the same manner as other state purchases.
(E)
Anything in this title to the contrary notwithstanding, the State Forestry
Commission, the Department of Natural Resources, and the Department of Public
Safety may, with the approval of the commissioner of transportation, expend
state funds to purchase, lease, rent, charter, maintain, or repair special
purpose aircraft necessary to conduct the particular business of said agencies
and may employ persons whose official duties consist of piloting said
aircraft;"
SECTION
3.
Chapter
19 of Title 50 of the Official Code of Georgia Annotated, relating to state
government transportation services, is amended by repealing and reserving
Article 2 as follows:
"ARTICLE
2
RESERVED
RESERVED
50-19-20.
This
article shall be known and may be cited as the 'Air Transportation
Act.'
50-19-21.
As
used in this article, the term:
(1)
'Department' means the Department of Transportation.
(2)
'State aircraft' means any aircraft, including equipment, owned, leased, rented,
or chartered by the Department of Transportation.
50-19-22.
All
state aircraft required for the proper conduct of the business of the several
administrative departments, boards, bureaus, commissions, authorities, offices,
or other agencies of the state or for authorized agents of the General Assembly,
or either branch thereof, shall be managed and maintained by the department. The
cost for the use of such state aircraft shall be charged by the department to
the using agency. The amount of the charge shall be determined by the
department.
50-19-23.
The
department shall have the following powers and duties:
(1)
To supervise, maintain, and schedule all state aircraft;
(2)
To maintain a detailed record of all flights made by state
aircraft;
(3)
To initiate a proficiency program for pilot employees;
(4)
To discontinue the employment of any pilot employed by the Department of
Transportation to fly state aircraft upon such pilot´s reaching 65 years of
age;
(5)
To establish priorities concerning the use of state aircraft;
(6)
To execute such contracts as may be necessary to carry out this article;
and
(7)
To assign special purpose state aircraft and personnel to any other department
or agency of state government.
50-19-24.
The
department shall have the following powers and duties:
(1)
To promulgate such rules and regulations as may be necessary to effectuate the
purposes of this article; and
(2)
To establish a timetable for bringing all state aircraft under this
article.
50-19-25.
No
department, board, bureau, commission, authority, office, or other agency of the
state shall be authorized to expend state funds to purchase, lease, rent,
charter, maintain, or repair state aircraft to be used in connection with state
business or to employ a person whose official duties consist of piloting state
aircraft, except the Department of Transportation.
50-19-26.
The
Department of Administrative Services shall purchase all aircraft for the
Department of Transportation in the same manner as other state purchases are
made."
SECTION
4.
The
provisions of this Act shall expire on July 1, 2011, unless the General Assembly
acts to extend these provisions.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.