24 LC 46 0884S The Senate Committee on Economic Development and Tourism offered the following substitute to HB 1048: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 3 and Chapter 7 of Title 50 of the Official Code of Georgia1 Annotated, relating to other state symbols and the Department of Economic Development,2 respectively, so as to promote economic development in this state through the recognition3 and promotion of certain symbols and industries; to designate cornbread as the official state4 bread; to enact the "Georgia State-wide Music Office Act"; to provide for legislative5 findings; to provide for definitions; to create the Georgia State-wide Music Office; to provide6 for administration of the office; to provide for duties of the office; to create the Georgia7 Music Advisory Council; to provide for membership, terms, and filling of vacancies; to8 provide for administration of the council; to provide for duties of the council; to provide for9 the adoption and promulgation of rules and regulations; to provide for appropriations10 contingency; to provide legislative findings and declarations; to provide for related matters;11 to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 - 1 - 24 LC 46 0884S PART I14 SECTION 1-1.15 The General Assembly finds and declares as follows:16 (1) The colorful history and traditions of the State of Georgia are inextricably associated17 with the food traditions of corn and among the many legacies of this proud heritage is the18 delicious bread known as cornbread;19 (2) Relied upon by indigenous people to sustain themselves, cornbread has transcended20 its humble origins to take a place of honor at such events as the Prater's Mill Country Fair21 in Whitfield County;22 (3) With thousands of participants and visitors, such celebrations include cornbread23 cooked on a wood-burning stove and served with collard greens and pinto beans;24 (4) Corn is grown, ground, and made into cornmeal at historic mills like Prater's Mill,25 Nora Mill, Berry College Mill, Fielder's Grist Mill, and Ogeechee River Mill and modern26 mills like Southeastern Mills, and Logan Turnpike Mill;27 (5) Cornmeal is then sold in stores and served in eating establishments throughout the28 state, and cornbread is enjoyed by young and old at home and in restaurants; and29 (6) Cornbread enjoys a singular stature in Georgia history and culture that is rivaled only30 by its undeniable appeal as a versatile and satisfying food. Establishing cornbread as the31 official Georgia state bread is necessary to fully recognize the importance of this product32 to this state.33 SECTION 1-2.34 Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other35 state symbols, is amended by adding a new Code section to read as follows:36 "50-3-92.37 Cornbread is designated as the official Georgia state bread."38 - 2 - 24 LC 46 0884S PART II39 SECTION 2-1.40 Said title is further amended in Chapter 7, relating to the Department of Economic41 Development, by revising Article 10, which is reserved, as follows:42 "ARTICLE 1043 50-7-120.44 This article shall be known and may be cited as the 'Georgia State-wide Music Office Act.'45 50-7-121.46 (a) The General Assembly finds that it is in the state's interest to establish a dedicated47 office, which shall be known as the Georgia State-wide Music Office, to be administered48 by the Department of Economic Development. The office shall focus on the state-wide49 support, promotion, and cultivation of Georgia's growing music industry.50 (b) The mission of the office shall be to create opportunity and connect businesses, to51 serve as a clearing-house for Georgia music industry information and as a liaison between52 music businesses and government offices and agencies, to publicize significant53 developments within the music industry, and to foster a vibrant music industry to bolster54 the economic development of music businesses and musicians in Georgia.55 50-7-122.56 As used in this article, the term:57 (1) 'Agency' or 'agencies' means any officer, board, department, agency, commission,58 bureau, authority, public corporation, instrumentality, council, or other entity of state59 government when engaged in an activity conducive to marketing which promotes music.60 - 3 - 24 LC 46 0884S (2) 'Commissioner' means the commissioner of economic development.61 (3) 'Coordinate' and 'coordination' include issuing rules, policies, standards, definitions,62 specifications, and other guidance and direction.63 (4) 'Council' means the Georgia Music Advisory Council established pursuant to Code64 Section 50-7-124.65 (5) 'Department' means the Department of Economic Development.66 (6) 'Implement' and 'implementation' include planning, writing, drafting, designing,67 study, and market analysis; solicitation and acceptance of gifts, contributions, and68 cooperation; contracting, procurement, retention of consultants, outsourcing, similar69 activities, and other activities within the ordinary meaning of the term in this context.70 (7) 'Market' and 'marketing' include promotion, advertising, signage, public relations,71 press relations, branding, and use of a 'look'; creation, use, and licensing of trademark,72 copyright, and other intellectual property; discounts; and other activities of similar nature73 or within the term as it is commonly understood.74 (8) 'Office' means the Georgia State-wide Music Office established pursuant to Code75 Section 50-7-123.76 (9) 'Resident' means a person who has a permanent home or domicile in Georgia and to77 which, having been absent, he or she has the intention of returning. For the purposes of78 this article, there is a rebuttable presumption that any person who, except for infrequent,79 brief absences, has been present in the state for 30 or more days is a resident.80 50-7-123.81 (a) There is established within the department the Georgia State-wide Music Office. The82 office is assigned to the department for administrative purposes only. The commissioner83 shall appoint personnel within the department to facilitate the functions of the office.84 (b) The office shall have a director and staff. The director shall report to the85 commissioner. In selection of the director, consideration shall be given to individuals who86 - 4 - 24 LC 46 0884S possess extensive knowledge of the many aspects of the music industry, including, but not87 limited to, live touring, recording, and distribution, and who possess at least five years of88 experience in the music industry.89 (c) Primary duties of the office shall include, but shall not be limited to, promoting the90 increased production of music in this state, the enjoyment and appreciation of the Georgia91 music industry, and the benefits of visiting and viewing the diverse music productions in92 this state. In particular, the office shall:93 (1) Serve as a music business promotion office and information clearing-house for the94 Georgia music industry, including, but not limited to, through creating and implementing95 a strategic business development plan to help music industry professionals and businesses96 to relocate to this state by providing resources and acting as a conduit for music related97 economic development;98 (2) Coordinate and market specific programs and initiatives to attract music industry99 professionals and to foster the economic development of Georgia music businesses and100 musicians;101 (3) Assist in growing Georgia's music industry by providing music industry professionals102 with production contacts in this state; suggesting possible performing, publishing, and103 recording locations; and other activities as may be required to promote this state as a104 national music center;105 (4) Serve as a liaison between music businesses and governmental offices and agencies106 in areas including, but not limited to, workforce development, education, and tourism;107 (5) Publicize significant developments within the industry;108 (6) Develop resource guides and create and maintain an information data base and a109 secure public website;110 (7) Develop and market listings of music festivals, productions, and other music events111 being held throughout this state;112 (8) Publicize and market this state's music heritage and culture; and113 - 5 - 24 LC 46 0884S (9) Facilitate the expansion of the music industry in this state.114 50-7-124.115 (a) The office shall be under the direction of the Georgia Music Advisory Council whose116 mission shall include raising awareness of the rich and thriving music industry in Georgia.117 Such council shall consist of eight members and one chairperson who shall be appointed118 by the Governor. The Governor, in making such appointments, shall ensure to the greatest119 extent possible that the membership of the council is representative of this state's120 geographic and demographic composition, with appropriate attention to the representation121 of women, minorities, and rural Georgia. The members of the council shall be individuals122 of recognized ability and achievement. The appointments made by the Governor shall123 include:124 (1) One member of the Georgia Film, Music, and Digital Entertainment Office who is125 experienced in the music sector and who will represent the department;126 (2) One member with focus and experience in music education and workforce127 development;128 (3) One member with focus and experience in music technology, music distribution, or129 music manufacturing;130 (4) One member who is a music creator, including, but not limited to, a songwriter,131 musician, producer, or composer;132 (5) One member who is a representative of a state-wide music organization, including,133 but not limited to, Georgia Music Partners, the Recording Academy, or the Audio134 Engineering Society;135 (6) One member who is a representative of the live music industry, including, but not136 limited to, a venue owner, operator, promoter, or talent buyer;137 (7) One member who is a representative of the recorded music industry, including, but138 not limited to, a studio owner, studio producer, or engineer; and139 - 6 - 24 LC 46 0884S (8) One member who is a representative of a music nonprofit organization, including, but140 not limited to, organizations involved in the performing arts, opera, or symphony.141 (b) The Governor shall appoint a person to chair the council. Such person shall not be a142 member of the council. The chairperson may vote to break a tie.143 (c) The commissioner, or his or her designee, shall serve as an ex officio, nonvoting144 member of the council.145 (d) Each member shall serve for a term of four years and shall be eligible for successive146 appointments by the Governor. Any member with four consecutive unexcused absences147 from regular monthly meetings may be removed from the council by the Governor. Each148 person appointed to the council shall be a resident of Georgia. Any person appointed to149 the council who ceases to be a resident of this state during his or her term shall be removed150 from the council and such vacancy shall be filled by the Governor. All vacancies shall be151 filled for the unexpired term by the Governor.152 (e) The council shall adopt procedures for its own operation and for the transaction of153 business, including, but not limited to, setting a quorum for meetings and for the154 transaction of business; setting meeting dates, times, and places; and calling meetings.155 (f) As part of its advisory duties, the council shall:156 (1) Advise the Governor, the General Assembly, the department, and other state agencies157 on music related policy initiatives, including, but not limited to, the protection,158 promotion, and preservation of music and the music industry in this state and any159 conditions, restrictions, or burdens imposed by law or otherwise adversely affecting the160 legitimate development and expansion of the music industry in this state;161 (2) Create and implement a strategic business development plan to help music industry162 professionals and businesses to relocate to this state by providing resources and acting163 as a conduit for music related economic development;164 (3) Advise and assist public agencies in elevating the role of and fostering appreciation165 for the value of music;166 - 7 - 24 LC 46 0884S (4) Create and assist in the implementation of an ongoing marketing campaign to167 promote Georgia as a music destination for both visitors and music professionals;168 (5) Encourage educational, creative, and professional music activities; attract outstanding169 musicians to this state through direct activities, such as sponsorship of music; and170 implement programs of publicity, education, and coordination; and171 (6) Protect, promote, and preserve the rich musical traditions of Georgia.172 50-7-125.173 (a) The department is authorized to adopt and promulgate such rules and regulations as174 may be necessary to carry out this article.175 (b) In marketing and implementation of marketing for Georgia's music industry, the176 department may exercise its powers under paragraphs (9) and (11) of Code Section 50-7-8177 and may authorize and delegate to the office and to the council all or parts of such powers178 for their own implementation.179 50-7-126.180 This article shall be subject to appropriations by the General Assembly or other available181 funding. Reserved."182 PART III183 SECTION 3-1.184 All laws and parts of laws in conflict with this Act are repealed.185 - 8 -