HB1462: HB1462 Columbus Music Commission Act; enact

26 LC 61 0383 House Bill 1462 By: Representatives Reese of the 140th, Hugley of the 141st, and Buckner of the 137th A BILL TO BE ENTITLED AN ACT To provide for the creation of the Columbus Music Commission; to provide for a short title;1 to provide for findings; to provide for definitions; to provide for membership, terms of office,2 and vacancies; to confer powers and impose duties on the commission; to provide for bylaws;3 to provide for a quorum; to provide for audits; to provide for venue; to provide for tax4 exemptions from levy and sale; to provide for liberal construct ion; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Short title.9 This Act shall be known and may be cited as the "Columbus Music Commission Act."10 SECTION 2.11 Findings.12 It is found and determined that:13 H. B. 1462 - 1 - 26 LC 61 0383 (1) The music and recording industry is a complex ecosystem co mprising various14 components that work together to create, promote, distribute, and consume music;15 (2) The Columbus area is poised to become a destination hub for the music industry;16 (3) Artists, producers, labels, marketers, and many others all play critical roles in bringing17 music to life and ensuring it reaches audiences globally. Understanding these components18 is essential for a successful blueprint for the Columbus area's music industry; and19 (4) It will be the mandate of the Columbus Music Commission to promote the music20 industry in the Columbus area.21 SECTION 3.22 Definitions.23 As used in this Act, the following words and terms shall have the meaning specified unless24 the context or use clearly indicates a different meaning or intent:25 (1) "Board" means the board of directors of the Columbus Music Commission.26 (2) "Commission" means the Columbus Music Commission.27 SECTION 4.28 Columbus Music Commission created.29 There is created a body corporate and politic to be known as th e "Columbus Music30 Commission" which shall be deemed to be a public corporation. Such corporation shall be31 separate and distinct from any public corporation or other enti ty heretofore created by the32 General Assembly and shall be an instrumentality of the State o f Georgia exercising33 governmental and proprietary powers. The commission is created for the purpose of34 promoting the Columbus area as a music destination; recruiting and organizing music35 festivals and concerts; partnering with local businesses, schools, and organizations to create36 H. B. 1462 - 2 - 26 LC 61 0383 diverse music programs; working with local government and businesses to secure funding37 and sponsorships for music initiatives; advocating for music education and resources in local38 schools; and otherwise promoting the music industry in the Columbus area. In connection39 with the exercise of any of its powers, the members of the commission may make findings40 or determinations that the exercise of its powers will support the purposes for which the41 commission is created.42 SECTION 5.43 Board of directors.44 (a) The commission shall be governed by a board of directors consisting of nine members45 appointed by the members of the Georgia General Assembly House of Representatives and46 the members of the Georgia General Assembly Senate who represen t any portion of47 Columbus, Georgia.48 (b) The board of directors shall consist of:49 (1) Three members who shall be music producers, recording artists, or managers;50 (2) Two members who shall be local music venue owners or business leaders in music51 related industries;52 (3) Two members who shall be representatives from local arts organizations or cultural53 affairs departments; and54 (4) Two members who shall be city commission members or tourism officials.55 (c) Appointed members of the commission shall serve three-year terms. Members appointed56 to fill a vacancy shall serve the remainder of the unexpired term. No member appointed to57 the commission shall serve more than two consecutive complete terms. A member becomes58 eligible to serve again one year after his or her second consecutive complete term ended.59 H. B. 1462 - 3 - 26 LC 61 0383 (d) The board shall establish bylaws that elect officers, set election dates, outline nomination60 processes, and sets forth the rules and regulations of the commission. Once approved by the61 board, the bylaws shall be voted on by the general membership of the commission.62 (e) A majority of the members shall constitute a quorum.63 SECTION 6.64 Powers and duties.65 The commission shall have the following powers and duties:66 (1) To have a seal and alter the same at its pleasure;67 (2) To contract for services necessary to carry out its mission;68 (3) To adopt and alter its own bylaws;69 (4) To receive and utilize gifts, donations, and contributions of money and property and70 services as necessary to carry out its mission;71 (5) To exercise the powers conferred upon a "public corporation" by Article IX, Section72 III, Paragraph I of the Constitution of Georgia, such corporation being expressly declared73 to be a public corporation within the meaning of such provision of the Constitution of74 Georgia;75 (6) To appoint, select, and employ, with or without bidding as the commission may76 choose, officers, agents, and employees;77 (7) To acquire, construct, purchase, hold, own, lease as lesse e, expand, improve,78 renovate, repair, maintain, and operate real and personal property or interests therein;79 (8) To sell, lease as lessor, or otherwise transfer, pledge, o r dispose of any real and80 personal property interests therein. In connection with any su ch sale, lease, transfer81 assignment, or other disposition, the commission need not compl y with any other82 provision of law requiring public bidding or notice to the publ ic of such sale, lease,83 transfer, assignment, or other disposition;84 H. B. 1462 - 4 - 26 LC 61 0383 (9) To acquire projects and other property in its own name by gift or by purchase on such85 terms and conditions and in such manner as it may deem proper. If the commission shall86 deem it expedient to construct any project on real property or any interest therein or87 usufruct therein which is subject to the control of any other public body, then such other88 public body is hereby authorized to convey or lease such real property or interest therein89 to the commission for no consideration or for such consideration as may be agreed upon90 by the commission and such other public body, taking into consi deration the public91 benefit to be derived from such conveyance, lease, or usufruct. Any public body may92 transfer such real property or interest therein without regard to any determination as to93 whether or not such property or interest therein is surplus;94 (10) To make and execute with one or more public bodies and private persons contracts,95 lease agreements, rental agreements, installment sale agreements, and other instruments96 relating to the property of the commission and incident to the exercise of the powers of97 the commission, including contracts for constructing, leasing, renting, and selling its98 projects for the benefit of other public bodies and, without limiting the generality of the99 foregoing, authority is specifically granted to the commission and to other public bodies100 to enter into contracts, lease agreements, rental agreements, installment sale agreements,101 and related agreements with each other relating to the provision of any project or services102 for a term not exceeding 50 years, as provided in Article IX, Section III, Paragraph I(a)103 of the Constitution of Georgia;104 (11) To be a co-owner, along with other public bodies, or to t he extent allowed by the105 Constitution of Georgia, private persons of any property, if th e commission finds and106 determines that such co-ownership is in the best interests of t he commission and will107 serve the public purposes of the commission;108 (12) To purchase policies of insurance as may be deemed appropriate for its corporate109 purposes;110 H. B. 1462 - 5 - 26 LC 61 0383 (13) To operate, lease, sell, transfer, or otherwise dispose o f any property, real or111 personal, or assets of the commission, or to assign its rights under its contracts, lease112 agreements, or installment sale agreements or its right to receive payments thereunder,113 either directly or through trust or custodial arrangements wher eby interests are created114 in such contracts, lease agreements, or installment sale agreements or the payments to be115 received thereunder through the issuance of trust certificates, certificates of participation,116 custodial receipts, or other similar instruments. In connection with any such lease, sale,117 transfer, assignment, or other disposition, the commission need not comply with any118 other provision of law requiring public bidding or any notice to the public of such lease,119 sale, transfer, assignment, or other disposition;120 (14) To accept loans and grants of money or property of any kind from the United States121 or any public body or private person, and all public bodies are authorized to make grants122 to the commission, subject to any limitations in the Constitution of Georgia;123 (15) To make such rules and regulations governing its employees and property as it may124 in its discretion deem proper;125 (16) To be sued the same as any private corporation on any contractual obligation of the126 commission. The commission shall have the same rights to sue any other person or entity127 as any private corporation; and128 (17) To have and exercise the usual powers of private corporations, except such as are129 inconsistent with this Act, and to do any and all things necess ary and convenient to130 accomplish the purposes and powers of the commission as stated in this Act.131 H. B. 1462 - 6 - 26 LC 61 0383 SECTION 7.132 The board as trustees.133 The board shall be held accountable in all respects as trustees. The commission or its fiscal134 agent shall keep suitable records of all receipts, income, and expenditures of every kind.135 There shall be an independent audit of the commission if the commission received or spent136 money in a taxable year without the use of a fiscal agent.137 SECTION 8.138 Charitable and public functions.139 The creation of the commission and the carrying out of its corp orate purposes is in all140 respects for the benefit of the people of the state. The commission is an institution of purely141 public charity and will be performing an essential governmental function in the exercise of142 the power conferred upon it by this Act. The commission shall not be required to pay any143 taxes or assessments upon any of the property acquired or lease d by it or under its144 jurisdiction, control, possession, or supervision or upon its activities in the operation or any145 rates, fees, tolls, or other charges for the use of such projects or other income received by the146 commission.147 SECTION 9.148 Actions.149 Any action brought against the commission shall be brought in t he Superior Court of150 Muscogee County and such court shall have exclusive, original jurisdiction of such question.151 H. B. 1462 - 7 - 26 LC 61 0383 SECTION 10.152 Liberal construction.153 Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to154 effect the purposes of the Act.155 SECTION 11.156 Repealer.157 All laws and parts of laws in conflict with this Act are repealed.158 H. B. 1462 - 8 -