10 AM 33
0933
ADOPTED
Senators Wiles of the 37th, Hill of the 4th and Rogers of the 21st offered the following amendment:
Senators Wiles of the 37th, Hill of the 4th and Rogers of the 21st offered the following amendment:
Amend
the Senate Special Judiciary Committee substitute to HB 244 (LC 21 0664S) by
inserting after
"state;"
on line 5 the following:
to revise a power relating to nonprofit corporations;
to revise a power relating to nonprofit corporations;
By
inserting between lines 64 and 65 the following:
SECTION
1A.
Code
Section 50-23-5 of the Official Code of Georgia Annotated, relating to purpose,
powers, and duties of the Georgia Environmental Facilities Authority, is amended
by revising paragraph (23.2) of subsection (b) as follows:
"(23.2)
To incorporate one or more nonprofit corporations as subsidiary corporations of
the authority for the purpose of carrying out any of the powers of the authority
and to accomplish any of the purposes of the authority including but not limited
to accepting donations to be used to advance state-wide energy education and
energy efficiency and conservation initiatives.
Any such
subsidiary corporation shall be a nonprofit corporation, a public body corporate
and politic, a political subdivision of the state, and an instrumentality of the
state and shall exercise essential governmental
functions. Any subsidiary corporations
created pursuant to this power shall be created pursuant to Chapter 3 of Title
14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall
be authorized to accept such filings. Upon dissolution of any subsidiary
corporation of the authority, any assets shall revert to the authority or to any
successor to the authority or, failing such succession, to the State of Georgia.
The authority shall not be liable for the debts or obligations or bonds of any
subsidiary corporation or for the actions or omissions to act of any subsidiary
corporation unless the authority expressly so
consents.;"
