35-2-140. Transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the department; powers.

1. (1)

   On and after September 1, 2011, the department shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for public safety and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft.#

2. (2)

   On September 1, 2011, the Georgia Aviation Authority shall transfer back to the custody and control of the department all of the aircraft previously transferred to the authority by the department and any associated parts and equipment; provided, however, that this article shall have no application to aircraft owned or operated by the Department of Defense.#

3. (3)

   On September 1, 2011, any person who is employed by the department and is assigned for administrative purposes only to the Georgia Aviation Authority shall be transferred back to the department and shall no longer be under the administration or direction of the Georgia Aviation Authority. In addition, on September 1, 2011, the six aviation mechanic positions that were previously transferred by the department to the Georgia Aviation Authority shall be returned to the department along with the funds budgeted for such positions.#

4. (4)

   All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the department and all funds, accounts receivable, a percentage of the budgeted operating funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the department as of September 1, 2011, shall become the property, funds, accounts receivable, budgeted operating funds, contracts, liabilities, and obligations of the department on such date.#

5. (5)

   The department shall be responsible for providing aviation services in support of public safety. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets.#

The department shall have the power to:#

1. (1)

   Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;#

2. (2)

   Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations;#

3. (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. (4)

   Develop an accountability system for state aviation operations and activities;#

5. (5)

   Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities;#

6. (6)

   In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a “civil aircraft” under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency;#

7. (7)

   Retain appropriate external consulting and auditing expertise;#

8. (8)

   Engage aviation industry representatives to ensure best practices for state aviation assets;#

9. (9)

   Delegate certain powers pursuant to this article to other state entities;#

10. (10)

    Otherwise implement appropriate and efficient management practices for state aviation operations; and#

11. (11)

    Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars.#