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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.
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