HB1488: HB1488 Hinesville Conference Center and Tourism Authority Act; enact

26 LC 47 3994/AP House Bill 1488 (AS PASSED HOUSE AND SENATE) By: Representatives Williams of the 168th and DeLoach of the 167th A BILL TO BE ENTITLED AN ACT To establish the Hinesville Conference Center and Tourism Autho rity; to provide for the1 purpose of the authority; to provide for definitions; to provid e for the membership of the2 authority; to provide for the election of officers, quorum, byl aws, and procedures at3 meetings; to provide for expenses of members; to provide for filling vacancies; to provide4 for the powers of the authority; to provide for an executive di rector; to provide for the use5 of funds by the authority; to provide for severability; to provide for a short title; to provide6 for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Hinesville Conference Center and Tourism10 Authority Act."11 SECTION 2.12 The purpose of this Act is to create the Hinesville Conference Center and Tourism Authority.13 The purpose of the authority is to oversee the construction, completion, and operation of a14 conference center which shall be used for civic, cultural, and educational purposes; for fairs,15 H. B. 1488 - 1 - 26 LC 47 3994/AP conferences, expositions, conventions, seminars, and other simi lar activities; for the16 promotion of the local economy; and for the purpose of directin g and promoting tourism,17 conferences, and trade shows in the area of the City of Hinesville.18 SECTION 3.19 As used in this Act, the term:20 (1) "Authority" shall mean the Hinesville Conference Center an d Tourism Authority21 created by this Act.22 (2) "Conference center" shall mean any structure or building which is or has been used,23 or which the authority may plan to use, for civic, cultural, and educational purposes; for the24 conduct of fairs, conferences, expositions, conventions, semina rs, and other similar25 activities; for the promotion of the local economy; and to direct, encourage, and promote26 tourism, conferences, and trade shows in the area of the City of Hinesville.27 SECTION 4.28 The authority shall consist of seven directors appointed by the governing authority of the29 City of Hinesville. Directors shall serve for terms of four years and until their successors are30 appointed and qualified.31 SECTION 5.32 The membership of the authority shall elect from among themselves a chairperson and vice33 chairperson, each of whom shall continue as voting members. The chairperson shall preside34 over the meetings of the authority, and the vice chairperson sh all preside in his or her35 absence, and such officers shall have such other powers, duties, and responsibilities as are36 set out elsewhere herein. The authority shall also choose a secretary, who may or may not37 be a member of the authority, to keep the minutes and records o f the authority. Four38 members of the authority shall constitute a quorum. A majority of the quorum may exercise39 H. B. 1488 - 2 - 26 LC 47 3994/AP any and all powers of the authority. The authority shall, as soon as practicable, adopt its own40 bylaws, rules, and procedures to govern its internal workings and the conduct of its business. 41 The authority shall meet at least once per month and at such ot her times as it may deem42 necessary.43 SECTION 6.44 The members shall receive no compensation but shall be reimbursed from the funds of the45 authority for reasonable and necessary expenses incurred in pur suing the business of the46 authority.47 SECTION 7.48 Should any appointed member vacate his or her office as a membe r, either by resignation,49 death, change of residence, unexcused failure to attend three scheduled meetings in a row,50 or other reason, the governing authority by whom the appointment was made shall, as soon51 as practicable, appoint another member to the authority to serv e for the remainder of the52 term.53 SECTION 8.54 (a) The authority shall possess all the powers necessary or co nvenient to accomplish its55 purposes, including the following specific powers which shall n ot be construed as a56 limitation upon the general and other specific powers of the authority: 57 (1) To adopt a seal to be used for authentication of legal documents, obligations, contracts,58 and other instruments and to alter the same at its pleasure; 59 (2) To appoint, select, and contract for the services of engin eers, architects, building60 contractors, accountants and other fiscal agents, attorneys, and such other persons, firms,61 or corporations as are necessary to accomplish the purposes of the authority, for such fees62 or compensation and under such terms and conditions as it deems appropriate; 63 H. B. 1488 - 3 - 26 LC 47 3994/AP (3) To adopt and to enforce reasonable rules and regulations f or the orderly, safe, and64 efficient operation of its projects;65 (4) To contract with any person, firm, or public or private co rporation to supply goods,66 commodities, facilities, and services to the public, employees of the authority, and other67 commercial interests located in any conference center under its control under such terms68 and conditions as it may prescribe, including the power to gran t exclusive rights,69 franchises, or concessions;70 (5) To enter into agreements with the state, any subdivision t hereof, any county or71 municipality, or the federal government or any agency thereof to use in the performance72 of its functions the facilities or the service of the state or such subdivision of such county 73 or municipality or the federal government or agent thereof in o rder to accomplish its74 purposes; and75 (6) To make application, directly or indirectly, of any federal, state, county, or municipal76 government or agency, or of any other source, public or private , for loans, grants,77 guarantees, or other financial assistance in aid of conference centers or buildings under its78 control and to accept or use same upon such terms and conditions as are prescribed by the79 federal, state, county, or municipal government or agency or other source.80 (b) The authority shall not have the power of eminent domain.81 (c) The authority shall be authorized to appoint and fix the c ompensation of an executive82 director under such terms and conditions as it deems appropriat e. The executive director83 shall be the chief executive and chief operating officer of the authority and shall be84 responsible for staffing. A part of his or her staff shall be dedicated to the promotion of85 tourism. The executive director shall have experience as a business executive, preferably in86 connection with the operation of a conference and convention center, and in the promotion87 of tourism. Under the supervision of the authority, the executive director shall be responsible88 for the operation, management, and promotion of all activities with which the authority is89 charged hereunder, together with such other duties as may be prescribed by the authority, and90 H. B. 1488 - 4 - 26 LC 47 3994/AP shall have such powers as are necessarily incident to the performance of his or her duties and91 such others as may be granted by the authority. The authority shall also authorize and92 employ such other administrative, professional, or clerical employees under such terms and93 conditions as it shall consider necessary and appropriate to effectuate its purposes.94 SECTION 9.95 The funds of the authority, from whatever source derived, shall be used only in support of96 conference centers as defined herein and in promotion of the conference center, the tourist97 and recreational industry, and tourism in the area of the City of Hinesville. The authority98 shall keep suitable books and records of all its obligations, c ontracts, transactions and99 undertakings, all income, and all expenditures of every kind. The financial books and100 records of the authority shall be audited annually. Such audit shall be paid for by the101 authority and shall be furnished to the governing authority of the City of Hinesville. Such102 audit shall be a public record. 103 SECTION 10.104 In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared105 or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other106 sections, subsections, sentences, clauses, or phrases of this A ct, which shall remain in full107 force and effect as if the section, subsection, sentence, claus e, or phrase so declared or108 adjudicated invalid or unconstitutional was not originally a pa rt of this Act. The General109 Assembly declares that it would have passed the remaining parts of the Act if it had known110 that such parts of this Act would be declared or adjudicated invalid or unconstitutional.111 SECTION 11.112 All laws and parts of laws in conflict with this Act are repealed.113 H. B. 1488 - 5 -