10 LC 36
1628S
The
Senate Transportation Committee offered the following substitute to SB
51:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia
Annotated, relating to the Georgia Rail Passenger Authority, so as to allow for
the indemnification of private parties; to provide for other powers; to revise
the composition of the membership of the authority; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating
to the Georgia Rail Passenger Authority, is amended by revising paragraph (22)
of Code Section 46-9-273, relating to the general powers of the authority, as
follows:
"(22)
To do all
things necessary, proper, or convenient to carry out the powers conferred by
this article.
To do any and
all things necessary, desirable, convenient, or incidental for the
accomplishment of the objectives of this chapter and to exercise any power
usually possessed by private corporations performing similar functions which is
not in conflict with the public purposes of the authority or the Constitution
and laws of this state, including:
(A)
The power to retain accounting and financial services;
(B)
The power to purchase all kinds of insurance, including, without limitation,
insurance against tort liability and against risks of damage to
property;
(C)
The power to indemnify and hold harmless any parties contracting with the
authority or its agents from damage to persons or property; and
(D)
The power to act as self-insurer with respect to any loss or liability and to
create insurance reserves;
Provided,
however, that the exercise of such powers provided under this paragraph shall be
subject to the approval of the State Transportation
Board."
SECTION
2.
Said
article is further amended by revising subsection (a) of Code Section 46-9-274,
relating to the membership of the authority, as follows:
"(a)
The authority shall be composed of
seven
members
appointed by the Governor. One member shall be appointed from and shall be a
resident of each of the congressional districts and two members shall be
appointed from the state at
large.: three
members to be appointed by the Governor, two members to be appointed by the
Lieutenant Governor, and two members to be appointed by the Speaker of the House
of Representatives. All members shall be
appointed for terms of four years and until their successors are appointed and
qualified.
The
Governor, in
In
making appointments to the authority,
shall
consider
consideration
shall be given to obtaining reasonable
representation thereon of persons from the tourism and hospitality industry, the
manufacturing industry, the banking and finance industry, citizens and
consumers, labor, and the transportation industry, but it is specifically
provided that the appointments shall be at the discretion of the
Governor
appointing
authorities. In the event of a vacancy on
the authority, the
Governor
appropriate
appointing authority shall fill such
vacancy for the unexpired term."
SECTION
3.
This
Act shall become effective on July 1, 2010.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.