HB1529.html
04 LC 28 1658-EC/AP

House Bill 1529 (AS PASSED HOUSE AND SENATE)
By: Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2, and Morris of the 120th



A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Center for Trade and Technology Transfer, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to aquaculture development, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, Code Section 49-5-241 of the Official Code of Georgia Annotated, relating to members of the Child Care Council, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; to change the title of the commissioner of industry, trade, and tourism to the commissioner of economic development; to make editorial revisions; to provide for gender neutrality; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking paragraph (9) of Code Section 7-1-745, relating to powers of business development corporations, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Department of Industry, Trade, and Tourism Economic Development, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of the business prosperity and economic well-being of such communities or of this state or any political subdivision thereof;".

SECTION 2.
Said title is further amended by striking paragraph (9) of Code Section 7-1-945, relating to powers of small minority business development corporations, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Department of Industry, Trade, and Tourism Economic Development, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of small minority business and the economic well-being of such communities or of this state or any political subdivision thereof;".

SECTION 3.
Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," is amended by striking subsection (a) of Code Section 10-9-4, relating to purpose of the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the Department of Industry, Trade, and Tourism Economic Development or others, and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state."

SECTION 4.
Said chapter is further amended by striking Code Section 10-9-5, relating to transfer of duties from the Department of Industry, Tourism, and Trade, and inserting in lieu thereof a new Code Section 10-9-5 to read as follows:
"10-9-5.
The authority is authorized and directed to contract with the Department of Industry, Trade, and Tourism Economic Development to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Industry, Trade, and Tourism Economic Development is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Industry, Trade, and Tourism Economic Development, as herein authorized, the authority on behalf of the Department of Industry, Trade, and Tourism Economic Development shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry, Trade, and Tourism Economic Development, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the Department of Industry, Trade, and Tourism Economic Development shall prevent the Department of Industry, Trade, and Tourism Economic Development from contracting with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenient to the department."

SECTION 5.
Said chapter is further amended by striking Code Section 10-9-12, relating to acceptance of grants, contributions, and gifts of money, property, or services, and inserting in lieu thereof a new Code Section 10-9-12 to read as follows:
"10-9-12.
The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry, Trade, and Tourism Economic Development, shall have authority to accept from any entity or agency of the United States, of this state, or of any county, municipality, political subdivision, or public authority and from any private individual or entity, grants, contributions, or gifts of either money or property, real or personal, tangible or intangible, or services or other things of value, in the furtherance of the purposes and powers of the authority. Incident to the acceptance of any such grant, contribution, or gift, the authority may accept and bind itself to express terms and conditions imposed incident to the grant, contribution, or gift governing the use and application of the money or property or the use of disposition of any property acquired therewith, provided that such term or condition is expressly accepted by the authority, is consistent with the purposes and powers of the authority under this chapter, and is not inconsistent with the Constitution or laws of this state. Any such term or condition may require the authority to hold any money or property in trust separate from other money or property of the authority and any such money or property so held shall not be subject to any claims against or liability of the authority not arising from the use or application of the money or property so held or the operation of the property so held or acquired therewith."

SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 10-9-16.2, relating to disposition of real property not required by the authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) This Code section does not apply to any real property:
(1) Held by the authority for management under Code Section 10-9-5 or contract with the Department of Industry, Trade, and Tourism Economic Development pursuant to such Code section;
(2) Held by the authority as lessee under lease from the Department of Industry, Trade, and Tourism Economic Development;
(3) Acquired by the authority with the proceeds of revenue bonds issued under Article 3 of this chapter; or
(4) Acquired with the proceeds of appropriations or bonds issued by the state assigned to the authority for management."

SECTION 7.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking subsection (j) of Code Section 12-2-4, relating to the powers and duties of the Department of Natural Resources, and inserting in lieu thereof a new subsection (j) to read as follows:
"(j) It is the intent and purpose, in creating the Department of Natural Resources, that the department shall confer with, cooperate with, and work in harmony with the Department of Industry, Trade, and Tourism Economic Development on all new activities of the Department of Natural Resources."

SECTION 8.
Said title is further amended by striking Code Section 12-3-640, relating to designation of official gardens and nature centers, and inserting in lieu thereof a new Code Section 12-3-640 to read as follows:
"12-3-640.
In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor´s Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conservation Park in Lumpkin, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder´s Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother´s Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder´s Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of Industry, Trade, and Tourism Economic Development and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia."

SECTION 9.
Said title is further amended by striking subsection (a) of Code Section 12-3-654, relating to the composition of the Georgia Agrirama Development Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority shall consist of 15 members as follows:
(1) The commissioner of the Department of Natural Resources or his or her designee;
(2) The president of the Georgia Farm Bureau Federation or his or her designee;
(3) A member of the Public Service Commission to be appointed by the Governor;
(4) The director of the Tourist Division of the Department of Industry, Trade, and Tourism Economic Development;
(5) The director of the Coastal Plains Experiment Station;
(6) A member of the Chamber of Commerce of Tift County to be appointed by the board of directors of that organization;
(7) The director of the State Soil and Water Conservation Commission; and
(8) Eight members to be appointed by the Governor, two of whom shall be residents of Tift County, and another who shall have a background in public education. The members appointed by the Governor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term."

SECTION 10.
Said title is further amended by striking subsection (b) of Code Section 12-5-331, relating to the duties and powers of the Department of Natural Resources as to the development of the state´s rivers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Such information pertinent to the development of Georgia´s rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Industry, Trade, and Tourism Economic Development and, subject to approval of the Governor and the Secretary of State, with the Division of Archives and History."
SECTION 11.
Said title is further amended by striking subsection (a) of Code Section 12-8-33, relating to the Recycling Market Development Council, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected or appointed municipal official to be appointed by the Governor;
(3) One member who is an elected or appointed member of a county governing authority to be appointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives;
(5) One member appointed by the Lieutenant Governor President of the Senate; and
(6) One representative each from the Department of Administrative Services; the Department of Industry, Trade, and Tourism Economic Development; the Department of Community Affairs; and the Department of Natural Resources."

SECTION 12.
Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Center for Trade and Technology Transfer, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Center for Trade and Technology Transfer, which shall function as an economic assistance, information, and technical resource service center. There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of 11 members to be appointed as follows: (1) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the Commissioner of the Department of Industry, Trade and Tourism commissioner of economic development. The members of the board of directors shall serve for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members of the board of directors shall be appointed not later than July 1, 1999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each member shall, however, be entitled to the same pay for per diem and expenses as are members of the Georgia General Assembly."

SECTION 13.
Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to aquaculture development, is amended by striking paragraph (8) of subsection (a) of Code Section 27-4-253, relating to the Aquaculture Development Commission, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) The commissioner of industry, trade, and tourism economic development or his or her representative; and".

SECTION 14.
Said article is further amended by striking subsection (c) of Code Section 27-4-254, relating to the duty of the Aquaculture Development Commission to develop an aquaculture development plan, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Staff support for the commission shall be provided by the Department of Natural Resources with assistance from the Department of Agriculture and the Department of Industry, Trade, and Tourism Economic Development."

SECTION 15.
Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, is amended by striking subsection (b) of Code Section 45-7-7, relating to compensation and allowances of certain officials not being changed without giving public notice, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affairs, the director of the Employees´ Retirement System of Georgia, the director of the State Forestry Commission, the director of investigation of the Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices Commission, the commissioner of human resources, the commissioner of industry, trade, and tourism economic development, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the executive director of the State Soil and Water Conservation Commission, the executive secretary-treasurer of the Teachers Retirement System of Georgia, the commissioner of transportation, and the executive director of the State Ethics Commission."

SECTION 16.
Said chapter is further amended by striking paragraph (5) of subsection (a) of Code Section 45-7-21, relating to reimbursement of travel costs for certain officials, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Board of Industry, Trade, and Tourism Economic Development;".

SECTION 17.
Said chapter is further amended by striking Code Section 45-7-22, relating to reimbursement for relocation expenses, and inserting in lieu thereof a new Code Section 45-7-22 to read as follows:
"45-7-22.
Notwithstanding any law, rule, or regulation to the contrary, a state department may reimburse an employee of state government for expenses incurred for transportation of household goods and expenses incident to a change of residence from one part of the state to another as a result of an action of the state department requiring such relocation when such action is in the best interest of the department; provided, however, that the Department of Industry, Trade, and Tourism Economic Development may also reimburse an employee of that department for transportation of household goods and expenses incident to a change of residence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department."

SECTION 18.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (3) of subsection (a) of Code Section 48-7-31.1, relating to conditions for allocating taxpayer´s income pursuant to agreement, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Following the commissioner´s referral of the proposal to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the proposal, certifies that:
(A) The new facility or expansion will have a significant beneficial economic effect on the region for which it is planned; and
(B) The benefits to the public from the new facility or expansion exceed its costs to the public."

SECTION 19.
Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Following the commissioner´s referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the expansion will have a beneficial economic effect on the region for which it is planned;".

SECTION 20.
Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-40.24, relating to conditions for taking job tax credit by business enterprises, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Following the commissioner´s referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer´s application and any necessary supporting documentation. Although the panel´s certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties;
(ii) Ten percent above such average wage for projects located in tier 2 counties; or
(iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or
(B) The project demonstrates high growth potential based upon the prior year´s Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer´s Georgia net taxable income in each of the two preceding years also grew by 20 percent or more."

SECTION 21.
Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-40.25, relating to conditions for credit by business enterprises with existing manufacturing facilities, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Following the commissioner´s referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer´s application and any necessary supporting documentation. Although the panel´s certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties;
(ii) Ten percent above such average wage for projects located in tier 2 counties; or
(iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or
(B) The project demonstrates high growth potential based upon the prior year´s Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer´s Georgia net taxable income in each of the two preceding years also grew by 20 percent or more."

SECTION 22.
Said title is further amended by striking subparagraph (C) of paragraph (73) of Code Section 48-8-3, relating to sales and use tax exemptions, and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying the tax. As a condition precedent to the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Industry, Trade, and Tourism Economic Development;".

SECTION 23.
Code Section 49-5-241 of the Official Code of Georgia Annotated, relating to members of the Child Care Council, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The 15 voting members shall be appointed as follows:
(1) Two members shall be representatives of local or state chambers of commerce;
(2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state;
(3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state;
(4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children;
(5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3;
(6) One member shall represent licensed or commissioned church or synagogue day-care centers;
(7) One member shall be an expert or have special academic or research responsibilities in early childhood development;
(8) One member shall represent a child care resource and referral agency;
(9) One member shall represent a Head Start organization; and
(10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House of Representatives.
At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker of the House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism economic development, or the designee of the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism economic development, all of whom shall be ex officio members."

SECTION 24.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (b) of Code Section 50-3-64, relating to the official historical drama, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Industry, Trade, and Tourism Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the historic drama and to visit the State of Georgia for tourism purposes."

SECTION 25.
Said title is further amended by striking subsection (b) of Code Section 50-3-69, relating to the official musical theatre, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Industry, Trade, and Tourism Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Jekyll Island Musical Theatre Festival and to visit the State of Georgia for tourism purposes."

SECTION 26.
Said title is further amended by striking subsection (b) of Code Section 50-3-74, relating to the official railroad museum, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Industry, Trade, and Tourism Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Central of Georgia Railroad Shops Complex and to visit the State of Georgia for tourism purposes."

SECTION 27.
Said title is further amended by striking subsection (b) of Code Section 50-3-77, relating to the official state transportation history museum, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Industry, Trade, and Tourism Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes."

SECTION 28.
Said title is further amended by striking subparagraph (N) of paragraph (1) of Code Section 50-5-31, relating to definitions relating to administrative space management, and inserting in lieu thereof a new subparagraph (N) to read as follows:
"(N) Space in buildings located on and used in direct support of any welcome center or rest station under the jurisdiction of the Tourist Division of the Department of Industry, Trade, and Tourism Economic Development;".

SECTION 29.
Said title is further amended by striking Code Section 50-7-1, relating to the creation of the Department of Industry, Trade, and Tourism, and inserting in lieu thereof a new Code Section 50-7-1 to read as follows:
"50-7-1.
There is created as a part of the executive branch of the state government the Department of Industry, Trade, and Tourism Economic Development."

SECTION 30.
Said title is further amended by striking Code Section 50-7-2, relating to the commissioner of industry, trade, and tourism, and inserting in lieu thereof a new Code Section 50-7-2 to read as follows:
"50-7-2.
There is created the office of commissioner of industry, trade, and tourism economic development, who shall be executive officer and administrative head of the department. The commissioner shall be appointed by and serve at the pleasure of the Board of Industry, Trade, and Tourism Economic Development. His The compensation of the commissioner shall be fixed by the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction as the board shall provide. The commissioner shall receive expenses, including mileage, as do other state officials and employees. The board is authorized to designate an assistant commissioner and such other employees as are necessary to carry out and effectuate this chapter. The commissioner is further authorized and empowered to reimburse authorized personnel of the department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation."

SECTION 31.
Said title is further amended by striking Code Section 50-7-3, relating to the creation of the Board of Industry, Trade, and Tourism, and inserting in lieu thereof a new Code Section 50-7-3 to read as follows:
"50-7-3.
(a) The department shall be under the direction and supervision of a Board of Industry, Trade, and Tourism Economic Development.
(b) On and after July 1, 1999, the Board of Industry, Trade, and Tourism Economic Development shall consist of one member from each congressional district in the state and nine additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2000; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2001; three members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 2002; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2003; and two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2004. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member.
(c) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1999. The members of the Board of Industry, Trade, and Tourism Economic Development serving on April 1, 1999, shall remain in office until their successors are appointed and qualified.
(d) In addition to all other powers granted to the Board of Industry, Trade, and Tourism Economic Development under this chapter, the board may authorize the Department of Industry, Trade, and Tourism Economic Development to enter into and carry out intergovernmental contracts and agreements for the purpose of providing financial and other assistance in carrying out projects or undertakings which will further the public purposes of development of trade, commerce, industry, and employment opportunities at the state and local levels. The board may authorize such contracts and agreements between the department and other departments, agencies, and entities of state government and may also authorize such contracts and agreements between the department and local development authorities. Any such contracts and agreements shall be awarded pursuant to criteria and procedures developed by the board. Such criteria and procedures shall be designed to effectuate those proposed contracts and agreements which will be most effective in furthering the public purpose of development of trade, commerce, industry, and employment opportunities at the state and local levels. Neither the development of such criteria nor the award of such contracts and agreements shall be subject to Chapter 5 of this title; Chapter 13 of this title; or Article 5 of Chapter 5 of Title 28. The board and the department may expend funds appropriated or otherwise available to the board and the department for the public purposes described in this subsection."

SECTION 32.
Said title is further amended by striking paragraphs (10) and (11) of Code Section 50-7-8, relating to additional duties of the Board of Industry, Trade, and Tourism, and inserting in lieu thereof new paragraphs (10) and (11) to read as follows:
"(10) To authorize the Department of Industry, Trade, and Tourism Economic Development in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board; and
(11) To authorize the Department of Industry, Trade, and Tourism Economic Development to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds."

SECTION 33.
Said title is further amended by striking Code Section 50-7-12, relating to welcome centers, and inserting in lieu thereof a new Code Section 50-7-12 to read as follows:
"50-7-12.
(a) The Governor shall have authority to direct and provide for the construction of welcome centers at or near the point of entrance into this state of any federal highway. The Department of Transportation may exercise the power of eminent domain in acquiring fee simple title to suitable locations for the erection of such welcome centers. Any welcome center acquired prior to April 23, 1969, may be maintained and improved, regardless of whether the fee simple title therefor is in the state.
(b) It shall be the duty of the Department of Industry, Trade, and Tourism Economic Development to construct, operate, and maintain the welcome centers and keep them supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state.
(c) The Department of Industry, Trade, and Tourism Economic Development, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Industry, Trade, and Tourism Economic Development to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Industry, Trade, and Tourism Economic Development. The Department of Industry, Trade, and Tourism Economic Development is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state.
(d) The Department of Industry, Trade, and Tourism Economic Development, with the concurrence of the Department of Transportation, is authorized to provide for the installation and operation at welcome centers of automated teller machines and cash-dispensing machines. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Industry, Trade, and Tourism Economic Development to be in the best interest of the state and the traveling public."

SECTION 34.
Said title is further amended by striking Code Section 50-7-13, relating to revenue from vending machine sales, and inserting in lieu thereof a new Code Section 50-7-13 to read as follows:
"50-7-13.
Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Industry, Trade, and Tourism Economic Development to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of maintenance of all safety rest areas and litter pickup in these areas."

SECTION 35.
Said title is further amended by striking Code Section 50-7-14, relating to a tourist center within the vicinity of the domestic residence of a state citizen elected President, and inserting in lieu thereof a new Code Section 50-7-14 to read as follows:
"50-7-14.
(a) The Governor shall have authority to direct and provide for the construction of a tourist center on real property owned by or which may be acquired by the state within the general vicinity or area of the domestic residence of any citizen of this state when such citizen has been elected President of the United States and the Governor determines that the number of tourists and other persons visiting the area justifies the center.
(b) It shall be the duty of the Department of Industry, Trade, and Tourism Economic Development to construct, operate, and maintain the tourist center and keep it supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state.
(c) The Department of Industry, Trade, and Tourism Economic Development is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department. The Department of Industry, Trade, and Tourism Economic Development shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Industry, Trade, and Tourism Economic Development is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Industry, Trade, and Tourism Economic Development to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department.
(d) The Department of Industry, Trade, and Tourism Economic Development may also enter into contracts with other state, local, or federal agencies or with other persons to assist it in construction, operation, or maintenance of the center. The department may acquire real and personal property for such purposes."

SECTION 36.
Said title is further amended by striking Code Section 50-7-15, relating to expenditures for meals and expenses of persons seeking to locate business, industry, or tourist facilities in the state, and inserting in lieu thereof a new Code Section 50-7-15 to read as follows:
"50-7-15.
The Department of Industry, Trade, and Tourism Economic Development, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the department to discuss the location or development of new business, industry, or tourism within the state. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least every six months."

SECTION 37.
Said title is further amended by striking Code Section 50-7-30, relating to authority of the department with regard to marine research and industrial activities, and inserting in lieu thereof a new Code Section 50-7-30 to read as follows:
"50-7-30.
The principal activities of the Department of Industry, Trade, and Tourism Economic Development under this article are to promote participation in and arrange for the location of marine research and industrial activities. The department may delegate to its officers, agents, and employees such duties as it may deem proper to carry out the purposes of this article. The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals as shall be consonant with the purposes of this article."

SECTION 38.
Said title is further amended by striking Code Section 50-7-40, relating to construction, operation, and improvement of the Geo. L. Smith II Georgia World Congress Center, and inserting in lieu thereof a new Code Section 50-7-40 to read as follows:
"50-7-40.
The Department of Industry, Trade, and Tourism Economic Development is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes."

SECTION 39.
Said title is further amended by striking paragraph (1) of Code Section 50-7-50, relating to definitions concerning the Georgia International and Maritime Trade Center, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Department' means the Department of Industry, Trade, and Tourism Economic Development."

SECTION 40.
Said title is further amended by striking subsection (a) of Code Section 50-8-193, relating to state agencies encouraged to give certified projects priority in licensing and processing grants and loans, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Industry, Trade, and Tourism Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification."

SECTION 41.
Said title is further amended by striking subsection (a) of Code Section 50-10-3, relating to the creation of the Georgia Development Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman chairperson of the authority; the state auditor, ex officio; the commissioner of industry, trade, and tourism economic development, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026."

SECTION 42.
Said title is further amended by striking subsection (a) of Code Section 50-23-3, relating to the creation of the Georgia Environmental Facilities Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of industry, trade, and tourism economic development, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as such official remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years."

SECTION 43.
Said title is further amended by striking subsection (b) of Code Section 50-34-3, relating to the creation of the OneGeorgia Authority, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The authority shall consist of the Governor, who shall serve as chair of the authority; the Lieutenant Governor, who shall serve as vice chair of the authority; the director of the Office of Planning and Budget, who shall serve as secretary of the authority; the commissioner of community affairs; the commissioner of industry, trade, and tourism economic development; and the commissioner of revenue."

SECTION 44.
All laws and parts of laws in conflict with this Act are repealed.