HB516: HB516 State government; authorize county and regional library boards to conduct meetings via teleconference

25 HB 516/AP House Bill 516 (AS PASSED HOUSE AND SENATE) By: Representatives New of the 40th, Hawkins of the 27th, Ballard of the 147th, Scoggins of the 14th, Persinger of the 119th, and others A BILL TO BE ENTITLED AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,1 so as to designate the Attorney General as an applicable electe d representative who may2 approve issuance of certain private activity bonds; to establish procedures for public notices3 and hearings relative to such bonds; to authorize county and re gional library boards and4 community service boards to conduct teleconference meetings under certain circumstances;5 to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended9 by adding a new Code section to read as follows: 10 "50-1-14. 11 The Attorney General is designated as an applicable elected representative, as provided for12 in 26 U.S.C. Section 147(f)(2)(E) of the Internal Revenue Code, who may approve the13 issuance of one or more private activity bonds to finance or refinance a state charter school14 facility after a public hearing following reasonable notice in accordance with 26 U.S.C.15 Section 147(f) of the Internal Revenue Code and applicable state and federal rules. Within16 60 days of the Attorney General receiving a written request for a public hearing, he or she17 H. B. 516 - 1 - 25 HB 516/AP or his or her designee shall hold such hearing, as required by 26 U.S.C. Section 147(f) of18 the Internal Revenue Code. Within 30 days of such hearing, the Attorney General shall19 approve the issuance of private activity bonds to finance or refinance a state charter school20 facility if the applicable charter school is authorized by Arti cle 31A of Chapter 2 of21 Title 20 and is an organization described under 26 U.S.C. Section 501(c)(3) of the Internal22 Revenue Code, and such state charter school facility to be financed or refinanced by such23 private activity bonds will be owned or principally used by such state charter school." 24 SECTION 2.25 Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings open26 to the public, limitation on action to contest agency action, r ecording, notice of time and27 place, access to minutes, and teleconferences, is amended by re vising subsection (h) as28 follows:29 "(h)(1) The following bodies and committees thereof shall be au thorized to conduct30 meetings by teleconference, provided that any such meeting shal l be considered to be31 conducted in compliance with this chapter so long as the notice required by this chapter32 is provided and, if fewer than a quorum of the members of a body or committee thereof33 are physically present, means have been afforded for the public to have simultaneous34 access to the teleconference meeting:35 (A) Development authorities created pursuant to or authorized by the provisions of36 Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article I X , S e c t i o n V I ,37 Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the38 Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV39 of the Constitution;40 (B) Community improvement districts created pursuant to the provisions of Article IX,41 Section VII of the Georgia Constitution;42 (C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; and43 H. B. 516 - 2 - 25 HB 516/AP (D) The board of trustees or other governing body of any large retirement system as44 such term is defined in subsection (a) of Code Section 47-20-84;45 (E) The board of trustees of any county or regional public library created pursuant to46 Part 2 of Article 2 of Chapter 5 of Title 20; provided, however, that such meetings:47 (i) Shall be held at a physical location with at least 50 percent of the board members48 physically present; and49 (ii) Shall provide one or more methods for public viewing of s uch meetings and50 providing commentary at such meetings without being physically present at such51 meetings; and52 (F) Community service boards created pursuant to Article 1 of Chapter 2 of Title 37;53 provided, however, that such meetings:54 (i) Shall be held at a physical location with at least 50 percent of the board members55 physically present; and56 (ii) Shall provide one or more methods for public viewing of s uch meetings and57 providing commentary at such meetings without being physically present at such58 meetings.59 (2) The participation by teleconference of members of such bodies or committees thereof60 means full participation in the same manner as if such members were physically present. 61 In the event such teleconference meeting is a public hearing, and if fewer than a quorum62 of the members of a body or committee thereof are physically present, then members of63 the public shall be afforded the means to participate fully in the same manner as if such64 members of the public were physically present."65 SECTION 3.66 All laws and parts of laws in conflict with this Act are repealed.67 H. 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