05 LC
14 9048_EC
Senate
Bill 125
By: Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others
By: Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 50 and 12 of the Official Code of Georgia Annotated, relating
respectively to state government and conservation and natural resources, so as
to change provisions relating to the Department of Economic Development; to
promote tourism through a state_wide tourism marketing program and a more
focused administrative structure; to provide for implementation and for
coordination of other agencies by the Department of Economic Development; to
provide corresponding amendments to powers of the Board of Economic Development;
to provide for a Georgia Tourism Foundation and the solicitation and
disbursement of contributions; to transfer the assignment for administrative
purposes of certain venues and authorities with tourism roles to the Department
of Economic Development; to provide for appointment of the board of the Music
Hall of Fame Authority; to provide for an effective date; to repeal conflicting
laws, and for related purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by adding at the end of Article 1 of Chapter 7, relating generally to
the Department of Economic Development, a new Code Section 50_7_17 to read as
follows:
"50_7_17.
(a)
Statement of
policy and short title. The General
Assembly finds that it is in the state´s interest to present a cohesive and
vibrant message for the promotion of tourism in Georgia. This Code section,
therefore, shall be known and may be cited as the 'New Georgia Foundation for
Tourism Act.'
(b)
Definitions.
As used in this Code section, the term:
(1)
'Agency' means any officer, board, department, agency, commission, bureau,
authority, public corporation, instrumentality, or other entity of state
government when engaged in an activity conducive to marketing which promotes
tourism.
(2) 'Coordinate'
and 'coordination' include issuing rules, policies, standards, definitions,
specifications, coordination, and other guidance and direction.
(3)
'Department' means the Department of Economic Development.
(4)
'Implement' and 'implementation' include planning, writing, drafting, designing,
study, and market analysis; solicitation and acceptance of gifts, contributions,
and cooperation; contracting, procurement, retention of consultants,
outsourcing, similar activities, and other activities within the ordinary
meaning of the term in this context.
(5)
'Market' and 'marketing' include promotion, advertising, signage, public
relations, press relations, branding, and use of a 'look;' creation, use, and
licensing of trademark, copyright, and other intellectual property; discounts;
and other activities of similar nature or within the term as it is commonly
understood.
(c)
Establishment
of State_wide Tourism Marketing Program.
(1)
Generally.
For promotion of tourism in Georgia, the department may establish, implement,
and provide for implementing a State_wide Tourism Marketing Program, with common
and consistent features for implementation by the department and agencies.
Within the State_wide Tourism Marketing Program, the department may establish or
authorize various themes and component programs, but such themes and component
programs must have common and consistent features with the State_wide Tourism
Market Program.
(2)
Emphases.
As important and substantial components of the State_wide Tourism Marketing
Program, the department will place particular emphasis on branding and on the
state’s great heritage and culture.
(3)
Sharing of
powers. In marketing and implementation of
marketing for tourism, the department may exercise its powers under paragraphs
(9) and (11) of Code Section 50_7_8 and may authorize and delegate to agencies
all or parts of such powers for their own implementation.
(d)
Coordination.
(1)
Generally.
The department will implement the State_wide Tourism Marketing Program and will
also coordinate its implementation by individual agencies.
(2)
Delegation and agency
retention. The department may delegate
marketing implementation activities to agencies in promotion of tourism and may
allow agencies to retain marketing and implementation activities in the course
of its coordination. The department will coordinate agencies such that they
retain a measure of independence and freedom of action in marketing their own
specific activities and functions, consistently with the State_wide Tourism
Marketing Program.
(3)
Cooperation.
In addition to the specific administrative instructions of this Code section,
the department, the Georgia Technology Authority, the Department of
Administrative Services, and agencies and other departments and state
authorities will assist and cooperate with one another for the purposes of this
Code section.
(4)
Budget.
The department may establish an annual budget covering all the costs of
establishing and implementing the State_wide Tourism Marketing Program and
determine an equitable basis for prorating all or part of the annual costs among
the agencies, subject to approval by the Governor. Upon approval, the Governor
may direct that the necessary pro rata share of the agencies assessed be made
available for expenditure by the department in the same manner as appropriated
funds.
(5)
Exclusion from
APA. Coordination of marketing and
implementation of marketing for promotion of tourism will not be subject to the
'Georgia Administrative Procedure Act,' Article 1 of Chapter 13 of Title
50.
(6)
Agency
publications. Without limitation, the
department may determine when the publication of official reports and similar
documents, and the production of similar material in other media (such as film,
video, sound, and other electronic forms) are deemed conducive to promoting
tourism. Agencies will then publish or produce such material and information
using themes, 'look,' and other marketing elements promulgated by the department
for the State_wide Tourism Marketing Program.
(e)
Georgia
Tourism Foundation.
(1)
Establishment.
There is hereby established the Georgia Tourism Foundation, existing as a public
corporation and instrumentality of the state, exclusively limited to the
following charitable and public purposes and powers:
(A)
To solicit and accept contributions of money and in_kind contributions of
services and property for the State_wide Tourism Marketing Program;
(B)
To make and disburse contributions to the department for such purposes;
(C)
To seek recognition of tax exempt status by the United States Internal Revenue
Service and to seek confirmation concerning the deductibility of
contributions;
(D)
To formulate recommendations for the State_wide Tourism Marketing
Program;
(E)
Subject to approval of the Governor, to create subsidiaries with like character
and powers but with limited missions keyed to particular component programs and
activities of the department´s State_wide Tourism Marketing Program;
and
(F)
To provide for additional officers and governance through bylaws which are
consistent with the goals of lessening the government burden in promoting
tourism, establishing and maintaining tax exempt status, and soliciting
deductible contributions.
(2)
Members.
The governance of the Georgia Tourism Foundation shall be in members, consisting
of:
(A)
The commissioner of economic development, who will be chairperson;
(B)
The commissioner of natural resources;
(C)
Each of the executive directors of the Jekyll Island_State Park Authority, Stone
Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural
Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia
Railroad Excursion Authority;
(D)
One representative each from the Aviation, Music, Sports, and Golf Halls of
Fame; and
(E)
Additional private members appointed by the Governor under foundation bylaws.
The
chairpersons of the Senate Economic Development Committee and the House Economic
Development and Tourism Committee shall serve as ex officio nonvoting members of
the foundation.
(3)
Administration.
The Georgia Tourism Foundation will be attached to the department for
administrative purposes. The Attorney General will be the attorney for the
foundation. The department may solicit and accept contributions from the
foundation and authorize agencies to do so. The department may cooperate and
contract with the foundation for their mutual benefit and authorize agencies to
do so. Upon any dissolution of the foundation, its assets will devolve in trust
to the department or its successor for use only for marketing to promote tourism
for Georgia.
(4)
Public
purpose. The creation of the Georgia
Tourism Foundation and the carrying out of its corporate purposes are in all
respects for the benefit of the people of this state and constitute a public and
charitable purpose. Further, the foundation will be performing an essential
governmental function in the exercise of the powers conferred upon it by this
Code section. Accordingly, the foundation shall not be subject to taxation or
assessment in any manner, including without limitation taxation or assessment
upon any transaction, income, money, or other property or activity. The
exemptions granted in this Code section may not be extended to any private
person or
entity."
SECTION
2.
Said
Title 50 is further amended by striking paragraph (9) of Code Section 50_7_8,
relating to powers of the Board of Economic Development, and inserting in its
place a new paragraph to read as follows:
"(9)
To solicit
and receive gifts, donations, or
contributions from any person, firm, or corporation in furtherance of the
services, purposes, duties, responsibilities, or functions vested in the
board;"
SECTION
3.
Said
Title 50 is further amended by striking paragraph (11) of said Code Section
50_7_8 and inserting in its place a new paragraph to read as
follows:
"(11)
To authorize the Department of Economic Development to participate with public
and private groups, organizations, and businesses in joint
advertising
and promotional
marketing
projects that promote the economic and tourist development of the State of
Georgia and make efficient use of state appropriated
advertising
and promotional
marketing
funds. In connection with such projects, the department may receive supplies,
materials, equipment, services, and other personal property and intangible
benefits. It may also issue licenses to others for the use of property in its
custody or control, including intellectual property and other personal property,
but may not become a joint owner. In acquisitions under this paragraph, the
department shall be exempt from the provisions of
Chapter
Chapters
5 and
25 of this title. By way of illustration
and not limitation, the department may allow the use of its logo in advertising
and on uniforms provided by cooperating entities for wear by department
employees. The board shall adopt and amend its policies, regulations, rules, and
procedures as necessary to implement this provision and shall not be subject to
Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' in doing
so. In this
paragraph, 'marketing' means promotion, advertising, signage, public relations,
press relations, branding, and use of a 'look'; creation, use, and licensing of
trademark, copyright, and other intellectual property; discounts; and other
activities of similar nature or within the term as it is commonly understood.
The department will utilize competitive procedures and the Georgia Registry
whenever in its reasonable discretion it is in the best interest of the state to
do so. The Georgia Technology Authority will retain its authority over
technology but will defer to the department in matters of marketing of economic
development and implementation in such overlapping areas as creation of kiosks
and web page design and operation. The Department of Administrative Services
will retain its authority over purchasing in areas not peculiarly germane to
marketing implementation, such as printing and shipping, but will defer to the
department in matters of marketing of economic development and implementation in
overlapping
areas."
SECTION
4.
Said
Title 50 is further amended by striking subsection (b) of Code Section 50_12_64,
relating to the Golf Hall of Fame, and inserting in its place a new subsection
(b) to read as follows:
"(b)
The board is assigned to the
Department
of Administrative Services
Department of
Economic Development for administrative
purposes only, as specified in Code Section
50_4_3."
SECTION
5.
Said
Title 50 is further amended by striking subsection (b) of Code Section 50_12_70,
relating to the Aviation Hall of Fame, and inserting in its place a new
subsection (b) to read as follows:
"(b)
The board is assigned to the
Department
of Administrative Services
Department of
Economic Development for administrative
purposes only, as specified in Code Section
50_4_3."
SECTION
6.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources is amended by striking subsection (b) and (c) of Code Section
12_3_522, relating to the Music Hall of Fame Authority, and inserting in their
place new subsections to read as follows:
"(b)
The authority shall consist of
the same
persons who comprise the Board of Community Affairs. The terms of all members of
the authority serving immediately prior to July 1, 1998, shall expire effective
July 1, 1998.
nine members.
Initially, members shall serve staggered terms of office as follows: two members
for one year, two members for two years, two members for three years, and three
members for four years. Thereafter, each member shall serve for a term of four
years. All members shall be appointed by the Governor and confirmed by the
Senate and shall serve until the appointment and qualification of their
successors. The members appointed by the Governor shall be selected from the
state at large but shall be representative of all of the geographic areas of the
state. Such members also shall represent the state´s music industry. The
Governor is authorized to appoint any elected or appointed state, county,
municipal, or school board official or employee, except officials and employees
of the legislative or judicial branches of state government, as members of the
authority, and any person so appointed is authorized to serve as a member of the
authority. All successors shall be appointed in the same manner as original
appointments. Vacancies in office shall be filled in the same manner as
original appointments. An appointment to fill a vacancy shall be for the
unexpired term.
(c)(1)
Each member
shall serve under the same terms and conditions as provided for in Code Section
50_8_4. The authority shall hold a meeting
each year in July, and, at each July meeting, the authority shall elect its own
officers. Officers shall serve for terms of one year each beginning with their
election and qualification and ending with the election and qualification of
their respective successors. No person shall hold the same office for more than
one consecutive term, and no member of the authority shall hold more than any
one office of the authority. No vacancy on the authority shall impair the right
of the quorum to exercise all rights and perform all duties of the
authority.
(2)
The authority is assigned to the Department of Economic Development for
administrative purposes only, as specified in Code Section
50_4_3."
SECTION
7.
Said
Title 12 is further amended by striking subsection (g) of Code Section 12_3_562,
relating to the Sports Hall of Fame Authority, and inserting in its place a new
subsection to read as follows:
"(g)
The authority is assigned to the
Department
of Community Affairs
Department of
Economic Development for administrative
purposes
only."
SECTION
8.
Said
Title 12 is further amended in Code Section 12_3_582, relating to the Golf Hall
of Fame Authority, by adding a new subsection (i) to read as
follows:
"(i)
The authority is assigned to the Department of Economic Development for
administrative purposes only, as specified in Code Section
50_4_3."
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.