---
title: HB 1523. Sumter County Public Facilities Authority; create
collection: bills
id: 2025-2026/hb1523
cite_as: HB 1523, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1523
md_url: https://georgiacommons.org/bills/2025-2026/hb1523.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1523/text
source_url: https://www.legis.ga.gov/legislation/73944
date: 2026-03-31
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 707
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1523.md?full=1
bill_number: HB 1523
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-20
last_action: Senate Tabled
sponsors:
  - Mike Cheokas
  - Patty Stinson
  - Clint Dixon
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1523/2025
upstream_id: 2130688
summaries_model: claude-sonnet-5
topic_tags:
  - local government authority
  - public facilities financing
  - revenue bonds
  - Sumter County government
---

# HB 1523. Sumter County Public Facilities Authority; create

## Text

House Bill 1523
By: Representatives Cheokas of the 151st and Stinson of the 150th
A BILL TO BE ENTITLED
AN ACT
An Act to create the Sumter County Public Facilities Authority and to provide for the
appointment of members of the authority; to confer powers upon the authority; to authorize
and provide for the issuance of revenue bonds; to provide that credit is not pledged; to
provide for security, validation, and protection of revenue bonds; to provide bondholder
remedies; to fix and provide the venue and jurisdiction; to provide for proceeds as trust
funds; to provide for tort immunity; to provide for the tax statues of property and revenue
bonds of the authority; to provide for reversion of assets; to provide for construction and
severability; to provide a short title; to provide for definitions; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Short Title.
This Act shall be known and may be cited as the "Sumter County Public Facilities Authority
Act."
SECTION 2.
Sumter County Public Facilities Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Sumter
County Public Facilities Authority," which shall be deemed to be a political subdivision of
the state and a public corporation, and by that name, style and title such 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. The authority shall have perpetual existence.
(b) The authority shall consist of five members appointed by the Sumter County Board of
Commissioners. The members of the board of commissioners may be appointed as members
of the authority. With respect to the initial appointments, two members shall be appointed
for a term of three years, two members shall be appointed for a term of two years, and one
member shall be appointed for a term of one year. Thereafter, all appointments shall be
made for terms of three years and until successors are appointed and qualified. Immediately
after such appointments the members of the authority shall enter upon their duties. To be
eligible for appointment as a member of the authority, a person shall be at least 21 years of
age, shall be a resident of the county for at least two years prior to the date of his or her
appointment, and shall not have been convicted of a felony. Any member of the authority
may be selected and appointed to succeed himself or herself.
(c) The members shall not be compensated for their services; provided, however, that such
members shall be reimbursed for their actual expenses necessarily incurred in the
performance of their duties.
(d) The members of the authority shall elect one of their number as chairperson and another
as vice chairperson. The members of the authority shall also elect a secretary, who need not
be a member of the authority, and may also elect a treasurer, who need not be a member of
the authority. The secretary may also serve as treasurer. If the secretary and treasurer are
not members of the authority, such officers shall have no voting rights. Each such officer
shall serve for a period of one year or until his or her successor is duly elected and qualified.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority
shall impair the right of the quorum to exercise all of the rights and perform all of the duties
of the authority.
SECTION 3.
Definitions.
As used in this Act, the term:
(1) "Authority" means the Sumter County Public Facilities Authority created by this Act.
(2) "Costs of the project" means and embraces the cost of construction; the cost of all
lands, properties, rights, easements and franchises acquired; the cost of all machinery and
equipment; financing charges; interest prior to and during construction and for six months
after completion of construction; the cost of engineering, architectural, fiscal agents,
accounting, legal, plans and specifications and expenses necessary or incidental to
determining the feasibility or practicability of the project; administrative expenses; working
capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip,
operate, maintain or finance the project.
(3) "County" means Sumter County, Georgia.
(4) "Project" means all buildings, facilities and equipment necessary or convenient for the
efficient operation of the county or any department, agency division or commission thereof;
the Sumter County School System; any municipal corporation within the county; and any
"undertaking" permitted by the Revenue Bond Law.
(5) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the
"Revenue Bond Law," or any other similar law hereinafter enacted.
(6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act.
(7) "Self-liquidating" means any project which the revenues and earnings to be derived by
the authority therefrom, including, but not limited to, any contractual payments with
governmental or private entities, and all properties used, leased, and sold in connection
therewith, together with any grants and any other available funds, will be sufficient to pay
the costs of operating, maintaining and repairing the project and to pay the principal and
interest on the revenue bonds or other obligations which may be issued for the purpose of
paying the costs of the project.
(8) "State" means the State of Georgia.
SECTION 4.
Powers.
The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate,
maintain, lease, and dispose of real and personal property of every kind and character for
its corporate purposes;
(3) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease and
dispose of projects;
(4) To execute contracts, leases, installment sale agreements and other agreements and
instruments necessary or convenient in connection with the acquisition, construction,
addition, extension, improvement, equipping, operation, maintenance, disposition or
financing of a project;
(5) To appoint, select and employ officers, agents and employees, including, but not
limited to, engineering architectural and construction experts, fiscal agents and attorneys,
and fix their respective compensation;
(6) To pay the costs of the project with the proceeds of revenue bonds, notes or other
forms of obligations issued by the authority or from any grant or contribution from the
United States of America or any agency or instrumentality thereof or from the state or any
agency, instrumentality, municipality or political subdivision thereof or from any other
source whatsoever;
(7) To pledge to the payment of revenue bonds, notes and other forms of obligations issued
by the authority any and all revenues and properties of the authority, both real and
personal;
(8) To accept loans or grants of money or materials or property of any kind from the
United States of America or any agency or instrumentality thereof, upon such terms and
conditions as the United States of America or such agency or instrumentality may require;
(9) To accept loans or grants of money or materials or property of any kind from the state
or any agency, instrumentality, municipality or political subdivision thereof, upon such
terms and conditions as the state or such agency, instrumentality, municipality or political
subdivision may require;
(10) To borrow money for any of its corporate purposes and to issue or execute revenue
bonds, notes and other forms of obligations, deeds to secure debt, security agreements and
such other instruments as may be necessary or convenient to evidence and secure such
borrowing;
(11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner
in which its business is transacted;
(12) To prescribe rules, regulations, service policies and procedures for the operation of
any project;
(13) To exercise any power usually possessed by private corporations performing similar
functions; and
(14) To do all things necessary or convenient to carry out the powers expressly given in
this Act.
SECTION 5.
Revenue Bonds.
The authority shall have power and is hereby authorized to provide by resolution for the
issuance of revenue bonds for the purpose of paying all or any part of the costs of the project
and for the purpose of refunding revenue bonds or other obligations previously issued. The
principal of and interest on such revenue bonds shall be payable solely from the revenues and
properties pledged to the payment of such revenue bonds. The revenue bonds issued by the
authority shall contain such terms as the authority shall determine are in the best interest of
the authority; provided, however, no revenue bonds shall have a maturity exceeding 40 years.
SECTION 6.
Same; Signatures; Seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or
vice chairperson of the authority and the attesting manual or facsimile signature of the
secretary or secretary-treasurer of the authority, and the official seal of the authority shall be
impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile
signature of such persons as at the actual time of the execution of such revenue bonds shall
be duly authorized or hold the proper office, although at the date of issuance of such revenue
bonds such person may not have been so authorized or shall not have held such office. In
the event any officer whose signature shall appear on any revenue bond shall cease to be such
officer before the delivery of such revenue bond, such signature shall nevertheless be valid
and sufficient for all purposes, the same as if that person had remained in office until such
delivery.
SECTION 7.
Same; Negotiability; Exemption from Taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents
of negotiable instruments under the laws of the state. As provided by general law, all
revenue bonds, their transfer and the income therefrom shall be exempt from all taxation
within the state.
SECTION 8.
Same; Conditions Precedent to Issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the
resolution, the authority shall determine that the project financed or refinanced with the
proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any
other proceedings or the happening of any other conditions or things other than those
proceedings, conditions and things which are specified or required by this Act. Any
resolution providing for the issuance of revenue bonds under the provisions of this Act shall
become effective immediately upon its passage and need not be published or posted, and any
such resolution may be passed at any regular or special or adjourned meeting of the authority.
SECTION 9.
Same; Credit not Pledged.
Revenue bonds shall not be deemed to constitute a debt of the state or any political
subdivision or municipal corporation of the state nor a pledge of the faith and credit of the
state or any political subdivision or municipal corporation of the state. Revenue bonds shall
be payable solely from the revenues and properties pledged to the payment of such revenue
bonds. The issuance of revenue bonds shall not directly, indirectly or contingently obligate
the state or any political subdivision or municipal corporation of the state to levy or to pledge
any form of taxation whatsoever for the payment of such revenue bonds or to make any
appropriation for their payment. All revenue bonds shall contain recitals on their face
covering substantially the foregoing provisions of this section. Notwithstanding the
foregoing provisions, this Act shall not affect the ability of the authority and a political
subdivision or municipal corporation of the state from entering into an intergovernmental
contract pursuant to which the political subdivision or municipal corporation agrees to pay
amounts sufficient to pay operating charges and other costs of the authority or any project
including, without limitation, the principal of and interest on revenue bonds, in consideration
for services or facilities of the authority.
SECTION 10.
Same; Trust Indenture as Security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust
indenture by and between the authority and a corporate trustee, which may be any trust
company or bank having the powers of a trust company within or without the state. Such
trust indenture may contain such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in relation to the acquisition and
construction of the project, the maintenance, operation, repair and insuring of the project, and
the custody, safeguarding and application of all moneys.
SECTION 11.
Same; Remedies of Bondholders.
Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the
extent the rights herein given may be restricted by resolution passed before the issuance of
the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action,
mandamus or other proceedings, protect and enforce any and all rights it may have under the
laws of the state, including specifically, but without limitation, the Revenue Bond Law, or
granted hereunder or under such resolution or trust indenture, and may enforce and compel
performance of all duties required by this Act or by such resolution or trust indenture to be
performed by the authority or any officer thereof, including the fixing, charging and
collecting of revenues, fees, tolls, fines and other charges for the use of the facilities and
services furnished.
SECTION 12.
Same; Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with
the procedure of the Revenue Bond Law. The petition for validation shall also make party
defendant to such action any political subdivision or municipal corporation of the state that
has contracted with the authority for services or facilities relating to the project for which
revenue bonds are to be issued and sought to be validated, and such defendant shall be
required to show cause, if any exists, why such contract or contracts shall not be adjudicated
as a part of the basis for the security for the payment of any such revenue bonds. The
revenue bonds when validated, and the judgment of validation shall be final and conclusive
with respect to such revenue bonds and the security for the payment thereof and interest
thereon and against the authority and all other defendants.
SECTION 13.
Same; Interest of Bondholders Protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers,
duties or existence of the authority or its officers, employees or agents, shall not be
diminished or impaired in any manner that will affect adversely the interests and rights of the
holders of such revenue bonds, and no other entity, department, agency or authority will be
created which will compete with the authority to such an extent as to affect adversely the
interest and rights of the holders of such revenue bonds. The provisions of this Act shall be
for the benefit of the authority and the holders of any such revenue bonds, and upon the
issuance of such revenue bonds under the provisions hereof, shall constitute a contract with
the holders of such revenue bonds.
SECTION 14.
Venue and Jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or
action against such authority shall be brought in the Superior Court of Sumter County,
Georgia, and any action pertaining to validation of any revenue bonds issued under the
provisions of this Act shall likewise be brought in such court, which shall have exclusive,
original jurisdiction of such actions.
SECTION 15.
Moneys Received Considered Trust Funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale
of revenue bonds, as grants or other contributions, or as revenue, income, fees and earnings,
shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 16.
Purpose of the Authority; Scope of Operations.
Without limiting the generality of any provision of this Act, the general purpose of the
authority is declared to be that of providing public buildings, facilities, equipment and
services for the citizens in the county. The scope of operations of the authority shall be
limited to the county.
SECTION 17.
Tort Immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption
from liability for torts and negligence as the county. The officers, agents and employees of
the authority when in the performance of the work of the authority shall have the same
immunity and exemption from liability for torts and negligence as the officers, agents and
employees of the county when in the performance of their public duties or work of the
county.
SECTION 18.
Property Acquired for Public Purpose.
The exercise of the powers conferred upon the authority under this Act shall constitute an
essential governmental function for a public purpose, and the property it acquires shall be
deemed to be public property. To the maximum extent permitted by laws of this state, the
authority shall not be required to pay taxes or assessments upon any of its real or personal
property and all revenue bonds, notes and other forms of obligations issued by the authority.
Nothing provided in this section shall include an exemption from sales and use tax on
property purchased by or for the use of the authority.
SECTION 19.
Reversion of Assets Upon Dissolution.
Upon the dissolution of the authority, all assets owned by the authority shall become property
of the county subject to any property rights vested in other parties.
SECTION 20.
Effect on Other Governments.
This Act shall not and does not in any way take from any political subdivision or municipal
corporation of the state the authority to own, operate and maintain public facilities or to issue
revenue bonds as provided by the Revenue Bond Law.
SECTION 21.
Liberal Construction of Act.
This Act being for the welfare of various political subdivisions and municipal corporations
of the state and its inhabitants and shall be liberally construed to effect the purposes hereof.
SECTION 22.
Severability; Effect of Partial Invalidity of Act.
The provisions of this Act are severable, and if any of its provisions shall be held
unconstitutional by any court of competent jurisdiction, the decision of such court shall not
affect or impair any of the remaining provisions.
SECTION 23.
Repealer.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1523 would create the Sumter County Public Facilities Authority, a new local government body empowered to build public facilities and issue revenue bonds to pay for them.

### Plain-language summary

This bill sets up a new public corporation called the Sumter County Public Facilities Authority. The authority would be run by five members appointed by the Sumter County Board of Commissioners, serving staggered three-year terms, and would have the power to acquire property, build and operate public buildings and facilities, and hire staff.
To pay for these projects, which could serve the county, the Sumter County School System, or any city within the county, the authority could issue revenue bonds with maturities up to 40 years. These bonds would be repaid only from project revenues, not from county or state tax dollars, and would not count as public debt. The bill also sets rules for bond validation in Sumter County Superior Court, grants the authority tort immunity similar to the county's, and provides that its assets would revert to the county if the authority is ever dissolved.

### What it does

- Creates the Sumter County Public Facilities Authority as a political subdivision of the state with power to sue, be sued, and hold property.
- Establishes a five-member board appointed by the Sumter County Board of Commissioners, with staggered three-year terms and a 21-year minimum age requirement.
- Authorizes the authority to issue revenue bonds, capped at 40-year maturities, to fund construction of public buildings and facilities.
- Specifies that revenue bonds are not backed by county or state taxes and create no obligation for the county to levy taxes to pay them.
- Grants the authority tax exemption on its property and tort immunity equal to that of Sumter County government.
- Requires that if the authority is dissolved, its remaining assets pass to Sumter County.

### Who it affects

Sumter County residents, the Sumter County Board of Commissioners, the Sumter County School System, municipalities within the county, and potential bondholders or investors who might purchase revenue bonds issued by the new authority.

### Why it matters

The bill gives Sumter County a new financing tool to build public buildings and facilities, such as those used by the school system or local government, without directly using county tax revenue, since bond repayment comes from project revenues rather than taxpayer funds.

### Key provisions

- Section 2 creates the authority and sets appointment rules, terms, quorum requirements, and eligibility criteria for its five members.
- Section 4 lists the authority's powers, including acquiring property, borrowing money, and contracting for construction and services.
- Section 5 authorizes revenue bonds for project costs or refunding prior bonds, capping bond maturity at 40 years.
- Section 9 states that revenue bonds do not constitute debt of the state or county and do not require any tax pledge to repay them.
- Section 12 requires revenue bonds to be validated through the Revenue Bond Law process in Sumter County Superior Court.
- Section 17 grants the authority the same tort immunity as Sumter County government.
- Section 18 exempts the authority's property and bonds from taxation but not from sales and use tax on purchases.
- Section 19 provides that authority assets revert to Sumter County if the authority is dissolved.

## Status

- Status: Engrossed (2026-03-20)
- Last action: Senate Tabled (2026-03-31)
- Sponsors: Mike Cheokas, Patty Stinson, Clint Dixon
- Official page: https://www.legis.ga.gov/legislation/73944

> The history, votes, and amendments (707 characters) are at https://georgiacommons.org/bills/2025-2026/hb1523.md?full=1