09 LC
34 2299S
House
Bill 813 (COMMITTEE SUBSTITUE)
By:
Representative Howard of the
121st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Augusta-Richmond County Coliseum Authority, approved
April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March
16, 1993 (Ga. L. 1993, p. 4087), so as to change the membership of the
Authority; to provide for the terms and appointment of members of the Authority;
to provide for qualifications of the members of the Authority; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Augusta-Richmond County Coliseum Authority, approved
April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16,
1993 (Ga. L. 1993, p. 4087), is amended by striking Section 2 and inserting in
its place a new Section 2 to read as follows:
"SECTION
2.
(a)
There is created a body corporate and politic to be known as the
Augusta-Richmond County Coliseum Authority which shall be deemed to be a
political subdivision of the State of Georgia and a public corporation and by
that name, style, and title said body may contract and be contracted with, sue
and be sued, implead and be impleaded, and complain and defend in all courts of
law and equity. Effective on and after July 1, 2009, the Authority shall
consist of seven members to be appointed as follows:
(1)
Six members shall be appointed by the Augusta-Richmond County Commission, with
the five commissioners of Super District 9 entitled to appoint three members and
the five commissioners of Super District 10 entitled to appoint three members;
and
(2)
One member shall be appointed by the legislative delegation which shall consist
of all members of the General Assembly representing all or a portion of Richmond
County. The member appointed by the legislative delegation shall be the
chairperson of the Authority.
In
order to be qualified to serve on the Authority, an appointee shall be a
resident of Richmond County and shall have experience in business.
(b)
Beginning on July 1, 2009, the appointees of the county commission shall serve a
term concurrent with the term of the Super District commissioner from the Super
District that made the appointment. The appointee from the legislative
delegation shall serve a two-year term, except as otherwise specified in
subsection (e) of this section. In order for an appointee of the county
commission to be removed from the Authority, seven members of the
Augusta-Richmond County Commission, including four members from the Super
District that made the appointment, without the necessity of a showing of cause,
must vote for the removal of the appointee.
(c)
The members of the Authority in office on June 30, 2009, shall not serve until
the regular expiration of the terms to which such members were appointed and the
terms of such members shall expire on midnight of June 30, 2009.
(d)
As soon as practicable on or after June 1, 2009, the Augusta-Richmond County
Commission shall appoint such members provided for in this section for terms
beginning on July 1, 2009, to replace the currently appointed members of the
Authority. All appointees to the Authority shall serve until their respective
successors are appointed and qualified. Members of the Authority appointed by
the Augusta-Richmond County Commission may be reappointed only after taking at
least a one-year break between appointments.
(e)
As soon as practicable on or after June 1, 2009, the legislative delegation
shall appoint such member provided for in this section for a term beginning on
July 1, 2009, and ending on December 31, 2010, or until his or her respective
successor is appointed and qualified. Subsequent appointees of the legislative
delegation shall serve two-year terms or until his or her respective successor
is appointed and qualified. A member of the Authority appointed by the
legislative delegation shall be allowed to succeed himself or herself and be
reappointed.
(f)
Immediately after their appointment, the members of the Augusta-Richmond County
Coliseum Authority shall enter upon their duties. They shall all attend an
orientation and training course approved by the Augusta-Richmond County
Commission. They shall elect one of their number as vice chairperson, and may
also elect a secretary and treasurer who need not necessarily be a member of the
Augusta-Richmond County Coliseum Authority. The vice chairperson and secretary
and treasurer shall serve for a period of one year and until their successors
are appointed and qualified. Four members of the Augusta-Richmond County
Coliseum Authority shall constitute a quorum. The chairperson shall be a
nonvoting member of the Authority, except he or she may vote to break a tie vote
by the other members. The chairperson shall form committees and appoint members
thereto as he or she deems necessary.
(g)
As soon as practicable after July 1, 2009, the members of the Augusta-Richmond
County Coliseum Authority shall cause to be published a manual governing the
acceptable business practices and management techniques to be followed by all
members during their service on the Authority. This manual shall also include a
statement of the purpose of the Augusta-Richmond County Coliseum Authority and a
statement of the vision for the future of the Authority.
(h)
In the event of a vacancy by reason of death, disqualification, removal,
resignation, or other reason, the body which appointed such member shall appoint
a person to serve the remainder of the term of such member. No vacancy on the
Augusta-Richmond County Coliseum Authority shall impair the right of the quorum
to exercise all their rights and to perform all of the duties of the
Authority.
(i)
The members of the Augusta-Richmond County Coliseum Authority shall serve
without compensation provided that all members shall be reimbursed for their
actual expenses necessarily incurred in the performance of their duties. The
Authority shall make rules and regulations governing the procedures to be
followed in conducting the business of the Authority. It shall have perpetual
existence."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.