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HB 449 - Stone Mountain Memorial Assn; exercise police powers

Henson, Michele (65th)	Bannister, Charles E (77th)	Ragas, Arnold M (64th)
Dix, Scott (76th)	Teper, Doug (61st)	Brooks, Tyrone (54th)

Status Summary	HC:	SI&P	SC:	EDT&C	FR:	02/03/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, so as to provide for the exercise of police powers by the association; and for other purposes.

HB 449                                            HB 449/CSFA 
 
      H. B. No. 449 (COMMITTEE SUBSTITUTE)(AM) 
      By:  Representatives Henson of the 65th, Bannister of the 
      77th, Ragas of the 64th, Dix of the 76th, Teper of the 61st 
      and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 12-3-194.1 of the Official Code of 
  1- 2  Georgia Annotated, relating to the police and legislative 
  1- 3  powers of the Stone Mountain Memorial Association, so as to 
  1- 4  provide for the exercise of police powers by the 
  1- 5  association; to provide for the appointment of peace 
  1- 6  officers by the association; to repeal conflicting laws; and 
  1- 7  for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Code Section 12-3-194.1 of the Official Code of Georgia 
  1-11  Annotated, relating to the police and legislative powers of 
  1-12  the Stone Mountain Memorial Association, is amended by 
  1-13  striking in their entirety subsections (a) and (b) and 
  1-14  inserting in lieu thereof the following: 
 
  1-15      "(a)(1) The association is empowered to exercise such of 
  1-16      the police powers of the state as may be necessary to 
  1-17      maintain peace and order and to enforce any and all user 
  1-18      and personal conduct restrictions upon the properties 
  1-19      and facilities and the persons under its jurisdiction to 
  1-20      the extent that such is lawful under the laws of the 
  1-21      nation and the state. 
 
  1-22      (2) In addition to the powers provided in paragraph (1) 
  1-23      of this subsection, the association is empowered to 
  1-24      exercise the police powers of the state in an area 
  1-25      extending not more than 500 yards from the park 
  1-26      boundaries adjacent to the entrances and exits, other 
  1-27      than entrances or exits adjacent to the corporate limits 
  1-28      of a municipality, which are used regularly by patrons 
  1-29      attending functions at Stone Mountain Park and in an 
  1-30      area extending not more than 500 yards from the tennis 
  1-31      center. 
 
  1-32    (b) The association shall have legislative power to adopt 
  1-33    reasonable ordinances relating to the property, affairs, 
  1-34    and administration of Stone Mountain Park, including, 
 
 
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  2- 1    without limitation, for which no provision has been made 
  2- 2    by general law and which are not inconsistent with the 
  2- 3    general laws or the Constitution of this state.  The 
  2- 4    association is further authorized to adopt ordinances 
  2- 5    adopting by reference any or all of the provisions of 
  2- 6    Chapter 6 of Title 40 in accordance with Code Section 
  2- 7    40-6-372, for which no provision has been made by general 
  2- 8    law and which are not inconsistent with the general laws 
  2- 9    and Constitution of  the State of Georgia. Within the 
  2-10    limits of Stone Mountain Park and within the area 
  2-11    described in paragraph (2) of subsection (a) of this Code 
  2-12    section, the The association is authorized to appoint 
  2-13    security peace officers, who are authorized and empowered 
  2-14    to serve and execute warrants and to make arrests for 
  2-15    violation of ordinances adopted by the association. Within 
  2-16    the limits of Stone Mountain Park and within the area 
  2-17    described in paragraph (2) of subsection (a) of this Code 
  2-18    section, such security peace officers shall have the same 
  2-19    authority, powers, and privileges regarding enforcement of 
  2-20    laws as sheriffs peace officers employed by county and 
  2-21    municipal police departments of this state. Prosecutions 
  2-22    for violations of the ordinances of the association shall 
  2-23    be upon citation or upon accusation as provided in Code 
  2-24    Sections 15-10-62 and 15-10-63. The association may 
  2-25    provide that ordinance violations may be tried upon 
  2-26    citations with or without a prosecuting attorney as well 
  2-27    as upon accusations in the manner prescribed in Code 
  2-28    Section 15-10-63." 
 
  2-29                           SECTION 2. 
 
  2-30  All laws and parts of laws in conflict with this Act are 
  2-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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