09 SB85/AP
Senate
Bill 85
By:
Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st,
Butterworth of the 50th, Tolleson of the 20th and others
AS
PASSED
AN
ACT
To
amend Title 6 of the Official Code of Georgia Annotated, relating to aviation,
so as to create the Georgia Aviation Authority; to provide for a short title and
definitions; to provide for the membership, governance, operation, powers,
duties, and administrative attachment of the authority; to provide that the
general purpose of the authority shall be to acquire, operate, maintain, house,
and dispose of all state aviation assets; to provide for the transfer of certain
employees for administrative purposes only; to provide for other matters related
to the authority and its creation; to provide for audits of the authority; to
provide for an exemption from taxes; to provide for automatic repeal of the
authority; to amend Code Section 32-2-2 of the Official Code of Georgia
Annotated, relating to powers and duties of the Department of Transportation, so
as to remove provisions relative to the authority of that department with
respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code
of Georgia Annotated, relating to state government transportation services, so
as to repeal Article 2, the "Air Transportation Act," relating to the powers and
duties of the Department of Transportation with respect to state air
transportation; to provide for other related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
6 of the Official Code of Georgia Annotated, relating to aviation, is amended by
adding a new chapter to read as follows:
"CHAPTER
5
6-5-1.
This
chapter shall be known and may be cited as the 'Georgia Aviation Authority
Act.'
6-5-2.
As
used in this chapter, the term:
(1)
'Authority' means the Georgia Aviation Authority.
(2)
'State aircraft' means any aircraft, including equipment, owned, leased, rented,
chartered, or otherwise obtained by the authority.
6-5-3.
(a)
There is created a body corporate and politic to be known as the Georgia
Aviation Authority which shall be deemed to be an instrumentality of the state
and a public corporation, and by that name, style, and title the body may
contract and be contracted with, implead and be impleaded, and bring and defend
actions in all courts. The authority shall consist of the Governor or his or
her designee, the Lieutenant Governor or his or her designee, the Speaker of the
House of Representatives or his or her designee, the commissioner of
transportation, the commissioner of public safety, the commissioner of natural
resources, the director of the State Forestry Commission, and two persons from
the aviation business community with one such member of the aviation business
community to be appointed by the Speaker of the House of Representatives, and
the other such member of the aviation business community to be appointed by the
President of the Senate. The chairperson of the authority shall be a member of
the authority elected for a two-year term by a majority vote of the members of
the authority. A chairperson may not serve more than two consecutive terms as
chairperson. The authority shall make rules and regulations for its own
governance. It shall have perpetual existence.
(b)
The authority is assigned to the Department of Administrative Services for
administrative purposes only as prescribed in Code Section 50-4-3.
(c)
The authority may in its discretion employ an executive director and other
personnel. The authority may also by agreement with any department or agency of
state government make use of personnel of such department or
agency.
(d)
The authority shall be subject to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(e)
The authority may designate personnel positions employed by the authority as
peace officers who shall be required by the terms of their employment to give
their full time to the preservation of public order, the protection of life and
property, the detection of crime, and such other duties as may be specified by
the authority. Personnel in such positions shall comply with the requirements
of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training
Act,' and shall have the power of arrest in the performance of their
duties.
6-5-4.
(a)
The general purpose of the authority shall be to acquire, operate, maintain,
house, and dispose of all state aviation assets, to provide aviation services
and oversight of state aircraft and aviation operations to ensure the safety of
state air travelers and aviation property, to achieve policy objectives through
aviation missions, and to provide for the efficient operation of state aircraft.
All aircraft owned or operated as of July 1, 2009, or a later date determined by
the Governor, by any other entity of state government shall be transferred on
that date to the custody and control of the authority; provided, however, that
this chapter shall have no application to aircraft owned or operated by the
Department of Defense. On and after July 1, 2009, or a later date determined by
the Governor, no other entity of state government shall acquire, lease, or
charter any aircraft other than through the authority. Any person who is
employed by an entity of state government as a pilot and who is required by the
terms of his or her employment to comply with the requirements of Chapter 8 of
Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall remain
in the employment of the employing agency but shall be transferred for
administrative purposes only to the authority on July 1, 2009, in compliance
with subsection (c) of Code Section 6-5-3. All state aircraft required for the
proper conduct of the business of the several administrative departments,
boards, bureaus, commissions, authorities, offices, or other agencies of Georgia
and authorized agents of the General Assembly, or either branch thereof, and
department owned airfields and their appurtenances shall be managed and
maintained by the authority. The cost for the use of such state aircraft shall
be charged by the authority to the using state entity. The amount of such
charge shall be determined by the authority. The authority shall be authorized
to dispose of any state aircraft and apply the proceeds derived therefrom to the
purchase of replacement aviation assets.
(b)
In the furtherance of its purpose, the authority shall have the power
to:
(1)
Organize, staff, train personnel to operate, maintain, house, purchase, and
dispose of aviation assets;
(2)
Purchase, maintain, develop, and modify facilities to support aviation assets
and operations;
(3)
Develop operating, maintenance, safety, security, training, education, and
scheduling standards for state aviation operations and conduct inspections,
audits, and other similar oversight to determine practices and compliance with
such standards;
(4)
Develop an accountability system for state aviation operations and
activities;
(5)
Identify the costs associated with the purchase, operation, maintenance, and
administration of state aircraft and aviation operations and related facilities,
training, and education, develop an appropriate billing structure, and charge
agencies and other state entities for the costs of state aircraft and aviation
operations; provided, however, that any billing to an agency by the authority
shall be suspended whenever the Governor declares a state of emergency on any
cost associated with aircraft used during and in response to the state of
emergency;
(6)
Retain appropriate external consulting and auditing expertise;
(7)
Engage aviation industry representatives to ensure best practices for state
aviation assets;
(8)
Delegate certain powers pursuant to this chapter to other state entities;
and
(9)
Otherwise implement appropriate and efficient management practices for state
aviation operations.
(c)
The authority shall provide priority support for those state agencies and
departments, including local and state public safety and law enforcement
entities, whose operations require aviation operations. No state entity other
than the authority shall be authorized to expend state funds to purchase, lease,
rent, charter, maintain, or repair state aircraft to be used in connection with
state business or to employ a person whose official duties consist of piloting
state aircraft without the approval of the authority.
(d)
The funds and assets of the authority, as well as the performance of the
authority, its services, and equipment, shall be audited annually by the state
auditor. The initial audit shall be concluded no later than December 30, 2010.
The results of such audit shall be open to inspection at reasonable times by any
person. A copy of the audit report shall be sent to the state accounting
officer. The authority shall also provide the Governor, the Speaker of the
House, the President of the Senate, the chairperson of the House Committee on
Public Safety and Homeland Security, the chairperson of the Senate Public Safety
Committee, the chairperson of the Senate Veterans, Military and Homeland
Security Committee, the chairperson of the House Committee on Transportation,
and the chairperson of the Senate Transportation Committee with a copy of the
state audit report which shall include a full report of the activities and
services of the authority. The performance audit report shall be provided no
later than December 31, 2013.
6-5-5.
In
addition to the powers specified in Code Section 6-5-4, the authority shall have
the powers:
(1)
To have a seal and alter the same at its pleasure;
(2)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate
purposes;
(3)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper real property or rights of easements therein or
franchises necessary or convenient for its corporate purposes and to use the
same so long as its corporate existence shall continue and to lease or make
contracts with respect to the use of or disposal of the same in any manner it
deems to the best advantage of the authority. No property shall be acquired
under this chapter upon which any lien or other encumbrance exists unless at the
time such property is so acquired a sufficient sum of money is deposited in
trust to pay and redeem the fair value of the lien or encumbrance; and if the
authority shall deem it expedient to construct any project on lands which are a
part of the real estate holdings of the state, the Governor is authorized to
execute for and on behalf of the state a lease of the lands to the authority for
such parcel or parcels as shall be needed for a period not to exceed 50 years.
If the authority shall deem it expedient to construct any project on any other
lands the title to which shall then be in the state, the Governor is authorized
to convey, for and in behalf of the state, title to such lands to the
authority;
(4)
To appoint and select officers, agents, and employees, including pilots,
maintenance workers, engineering, architectural, aviation, and construction
experts, fiscal agents, and attorneys, and fix their compensation and otherwise
adopt policies that establish a system of sound personnel
management;
(5)
To make contracts and leases and to execute all instruments necessary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which it causes to be
erected or acquired; and any and all political subdivisions, departments,
institutions, or agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for such purposes
as they deem advisable. Without limiting the generality of the above, authority
is specifically granted to any department, board, commission, or agency of the
state to enter into contracts and lease agreements for the use or concerning the
use of any structure, building, or facilities or a combination of any two or
more structures, buildings, or facilities of the authority for a term not
exceeding 50 years; and any department, board, commission, or agency of the
state may obligate itself to pay an agreed sum for the use of the property so
leased and also to obligate itself as part of the lease contract to pay the cost
of maintaining, repairing, and operating the property leased from the
authority;
(6)
To accept loans or grants of money or materials or property of any kind from the
United States or any agency or instrumentality thereof upon such terms and
conditions as the United States or the agency or instrumentality may
impose;
(7)
To exercise any power usually possessed by private corporations performing
similar functions, which is not in conflict with the Constitution and laws of
this state; and
(8)
To do all things necessary or convenient to carry out the powers expressly given
in this chapter.
6-5-6.
All
moneys received pursuant to the authority of this chapter shall be deemed trust
funds to be held and applied solely as provided in this chapter.
6-5-7.
(a)
It is found, determined, and declared that the creation of the authority and the
carrying out of its corporate purpose are in all respects for the benefit of the
people of this state and are a public purpose and the authority will be
performing an essential governmental function in the exercise of the power
conferred upon it by this chapter.
(b)
In order to ensure that addressing emergency law enforcement needs is the
authority's first priority, the authority, in coordination with the Board of
Public Safety, shall adopt policies and procedures to ensure that responding to
emergencies, imminent threats to individual and public safety, natural
disasters, or other emergency law enforcement needs is met. The authority shall
be exempt from all sales and use tax on property purchased, leased, or used by
the authority.
6-5-8.
Any
action to protect or enforce any rights under this chapter shall be brought in
the Superior Court of Fulton County.
6-5-9.
This
chapter, being for the welfare of the state and its inhabitants, shall be
liberally construed to effect the purposes hereof.
6-5-10.
This
chapter shall stand repealed on July 1, 2014, unless it is further extended by
an Act of the General Assembly."
SECTION
2.
Code
Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and
duties of the Department of Transportation, is amended by revising paragraph
(16) of subsection (a) as follows:
"(16)
Reserved;"
SECTION
3.
Chapter
19 of Title 50 of the Official Code of Georgia Annotated, relating to state
government transportation services, is amended by repealing and reserving
Article 2 as follows:
"ARTICLE
2
RESERVED "
RESERVED "
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.