hr66.html
05 LC 21 8058/AP
House Resolution 66 (AS PASSED HOUSE AND SENATE)
By: Representatives Smith of the 168th, Smith of the 70th, Sheldon of the 105th, Barnes of the 78th, Meadows of the 5th, and others

A RESOLUTION

Providing that the Department of Community Affairs may provide that the service area of any nonprofit corporation created by a regional development center and designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations; to provide for procedures; to provide for the transmission of copies of this resolution; to provide for an effective date; and for other purposes.

WHEREAS, subparagraph (f)(1)(A) of Code Section 50-8-35 of the Official Code of Georgia Annotated authorizes each regional development center to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs; and

WHEREAS, the Central Savannah River Area, Coastal Georgia, South Georgia, Middle Georgia, North Georgia, and Georgia Mountains Regional Development Centers have created and operated such nonprofit corporations, each of which has been designated as a certified development company by the federal Small Business Administration for the express purpose of delivering SBA program services; and

WHEREAS, under SBA regulation 13 CFR Part 120, pertaining to certified development companies, the minimum area of operations is the state in which the CDC is incorporated; and

WHEREAS, the regional development centers and their respective certified development companies desire to provide SBA program services to small businesses statewide for competitive purposes, as authorized by federal regulations; and

WHEREAS, in accordance with subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Annotated, the Board of Community Affairs has adopted procedures to provide for the state-wide provision of such services; and
WHEREAS, the board action delineating such boundary changes shall not be effective until approved by a joint resolution or Act of the General Assembly.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that each regional development centeŕs board of directors may adopt a resolution or amend an existing resolution establishing the specific operating area for the certified development company it created to include areas within the state beyond the geographic boundaries of the regional development center.

BE IT FURTHER RESOLVED that a certified development companýs articles of incorporation be amended to establish its area of operations consistent with such resolution by the regional development centeŕs board of directors.

BE IT FURTHER RESOLVED that, if so authorized by such resolution of the regional development centeŕs board and the certified development companýs articles of incorporation, the service area of any nonprofit corporation created by a regional development center and so designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit copies of this resolution to the Department of Community Affairs and to each regional development center.

BE IT FURTHER RESOLVED that the provisions of this resolution shall become effective upon approval of the Governor.