Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 158 - State Properties Commission; membership; include Sec of State

Lucas, David E (124th)	Murphy, Thomas B (18th)	Coleman, Terry L (142nd)
Smyre, Calvin (136th)	Skipper, Jimmy (137th)	Walker, Larry (141st)

Status Summary	HC:	SI&P	SC:	F&PU	FR:	01/25/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission; and for other purposes.

HB 158                                              HB 158/AP 
 
      H. B. No. 158 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Lucas of the 124th, Murphy of the 18th, 
      Coleman of the 142nd, Smyre of the 136th, Skipper of the 
      137th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 16 of Title 50 of the Official 
  1- 2  Code of Georgia Annotated, known as the "State Properties 
  1- 3  Code," so as to change the provisions relating to the 
  1- 4  membership and organization of the State Properties 
  1- 5  Commission; to provide an effective date; to repeal 
  1- 6  conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Article 2 of Chapter 16 of Title 50 of the Official Code of 
  1-10  Georgia Annotated, known as the "State Properties Code," is 
  1-11  amended by striking subsections (a) and (b) of Code Section 
  1-12  50-16-32, relating to the creation, membership, and 
  1-13  organization of the State Properties Commission, and 
  1-14  inserting in lieu thereof new subsections (a) and (b) to 
  1-15  read as follows: 
 
  1-16    "(a) There is created within the executive branch of state 
  1-17    government a public body which shall be known as the State 
  1-18    Properties Commission and which shall consist of nine ten 
  1-19    members and be composed of the Governor; the Secretary of 
  1-20    State; the director of the Office of Treasury and Fiscal 
  1-21    Services; the state auditor; three citizens appointed by 
  1-22    the Speaker of the House of Representatives for terms 
  1-23    ending on April 1 in each odd-numbered year; and three 
  1-24    citizens appointed by the Lieutenant Governor for terms 
  1-25    ending on April 1 in each odd-numbered year.  The term of 
  1-26    office of the appointed members of the commission is 
  1-27    continued until their successors are duly appointed and 
  1-28    qualified.  The Lieutenant Governor may serve as an 
  1-29    appointed citizen member. 
 
  1-30    (b) The Governor shall be the chairman chairperson of the 
  1-31    commission, the state auditor shall be its vice-chairman 
  1-32    vice chairperson, and the director of the Office of 
  1-33    Treasury and Fiscal Services Secretary of State shall be 
  1-34    its secretary. Five Six members of the commission shall 
 
 
 
                                 -1- 
 
 
 
  2- 1    constitute a quorum.  No vacancy on the commission shall 
  2- 2    impair the right of the quorum to exercise the powers and 
  2- 3    perform the duties of the commission. With the sole 
  2- 4    exception of acquisitions of real property, which 
  2- 5    acquisitions shall require five six affirmative votes of 
  2- 6    the membership of the commission present and voting at any 
  2- 7    meeting, the business, powers, and duties of the 
  2- 8    commission may be transacted, exercised, and performed by 
  2- 9    a majority vote of the commission members present and 
  2-10    voting at a meeting when more than a quorum is present and 
  2-11    voting or by a majority vote of a quorum when only a 
  2-12    quorum is present and voting at a meeting.  An abstention 
  2-13    in voting shall be considered as that member not being 
  2-14    present and not voting in the matter on which the vote is 
  2-15    taken.  No person may be appointed, elected, or serve on 
  2-16    the commission who is a member of the legislative or 
  2-17    judicial branch of government.  In the event any ex 
  2-18    officio member is determined to be in either the 
  2-19    legislative or judicial branch of government, the General 
  2-20    Assembly declares that it would have passed this article 
  2-21    without such ex officio position on the commission and 
  2-22    would have reduced the quorum and vote required of the 
  2-23    commission on all actions accordingly." 
 
  2-24                           SECTION 2. 
 
  2-25  This Act shall become effective upon its approval by the 
  2-26  Governor or upon its becoming law without such approval. 
 
  2-27                           SECTION 3. 
 
  2-28  All laws and parts of laws in conflict with this Act are 
  2-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-