Georgia 2023-2024 Regular Session

Georgia House Bill HB794 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 54 0239
2	2	H. B. 794
3	3	- 1 -
4	4	House Bill 794
5	5	By: Representatives Mitchell of the 88
6	6	th
7	7	, Oliver of the 82
8	8	nd
9	9	, Drenner of the 85
10	10	th
11	11	, Kendrick of
12	12	the 95
13	13	th
14	14	, Crawford of the 84
15	15	th
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks,
20	20	1
21	21	historic areas, memorials, and recreation, so as to rename the Stone Mountain Memorial2
22	22	Association as the Stone Mountain Park Association; to remove references to the3
23	23	Confederacy; to amend Title 45 and Title 50 of the Official Code of Georgia Annotated,4
24	24	relating to public officers and employees and state government, respectively, so as to make5
25	25	conforming changes; to provide for related matters; to repeal conflicting laws; and for other6
26	26	purposes.7
27	27	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
28	28	SECTION 1.9
29	29	Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic10
30	30	areas, memorials, and recreation, is amended by replacing "Stone Mountain Memorial11
31	31	Association" with "Stone Mountain Park Association" wherever the former term occurs in:12
32	32	(1) Code Section 12-3-20, relating to creation of Recreational Authorities Overview13
33	33	Committee, members and organization, duty to review operations of Stone Mountain14
34	34	Memorial Association, Jekyll Island — State Park Authority, North Georgia Mountains15
35	35	Authority, and Lake Lanier Islands Development Authority;16 23 LC 54 0239
36	36	H. B. 794
37	37	- 2 -
38	38	(2) Code Section 12-3-22, relating to reporting requirements and enforcement;
39	39	17
40	40	(3) Code Section 12-3-23, relating to evaluation criteria;18
41	41	(4) Code Section 12-3-190, relating to a short title for Part 4, the "Stone Mountain19
42	42	Memorial Association Act";20
43	43	(5) Code Section 12-3-191, relating to definitions;21
44	44	(6) Code Section 12-3-192, relating to creation of the association; and22
45	45	(7) Code Section 12-3-194, relating to powers of the association generally.23
46	46	SECTION 2.24
47	47	Said chapter is further amended by revising paragraph (7) of Code Section 12-3-191, relating25
48	48	to definitions, as follows:26
49	49	"(7) 'Project' means Stone Mountain and property adjacent thereto acquired by the27
50	50	association and all accommodations, utilities, facilities, services, and equipment28
51	51	necessary or convenient, and all property, real, personal, or mixed, used or useful,29
52	52	including franchises and easements, in constructing, erecting, improving, remodeling,30
53	53	developing, equipping, adding to, extending, maintaining, managing, and operating Stone31
54	54	Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a32
55	55	Confederate memorial and
56	56	public recreational area, and the construction, improvement,33
57	57	development, maintenance, management, operation, and extension of any part thereof,34
58	58	as to which the association has undertaken or agreed to undertake any action permitted35
59	59	by this part."36
60	60	SECTION 3.37
61	61	Said chapter is further amended by revising Code Section 12-3-192.1, relating to the purpose38
62	62	of the association, as follows:39
63	63	"12-3-192.1.40
64	64	The purposes of the Stone Mountain Memorial Park Association shall include:41 23 LC 54 0239
65	65	H. B. 794
66	66	- 3 -
67	67	(1) To preserve the natural areas situated within the Stone Mountain Park area; and42
68	68	(2) To provide access to Stone Mountain for Georgia's citizens; and43
69	69	(3) To maintain an appropriate and suitable memorial for the Confederacy."44
70	70	SECTION 4.45
71	71	Said chapter is further amended by revising paragraph (9) of Code Section 12-3-194, relating46
72	72	to powers of the association generally, as follows:47
73	73	"(9) To establish rates, tolls, fees, and charges for its facilities and services, including48
74	74	fees or charges for access to the memorial park, and to alter such rates and charges, and49
75	75	to collect and enforce collection of the same; provided, however, that the association shall50
76	76	be a nonprofit organization, and such rates, tolls, fees, and charges shall be only sufficient51
77	77	to produce funds necessary to construct, reconstruct, develop, improve, equip, manage,52
78	78	and operate the project and to pay the principal of and the interest on obligations of the53
79	79	association and expenses in connection therewith and to create reserves therefrom for the54
80	80	purpose of adding to, extending, improving, and equipping the project;"55
81	81	SECTION 5.56
82	82	Said chapter is further amended by revising subsection (d) of Code Section 12-3-194.1,57
83	83	relating to police and legislative powers of association, appointment of peace officers,58
84	84	jurisdiction and venue of park offenses, and sale of confederate memorabilia, as follows:59
85	85	"(d) The Stone Mountain Memorial Association shall continue the practice of stocking,60
86	86	restocking, and sales of confederate memorabilia."61
87	87	SECTION 6.62
88	88	Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,63
89	89	is amended by revising Code Section 45-15-13, relating to representation of state authorities64
90	90	by Attorney General, as follows:65 23 LC 54 0239
91	91	H. B. 794
92	92	- 4 -
93	93	"45-15-13.
94	94	66
95	95	As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the67
96	96	following instrumentalities of the state: Georgia Building Authority, Georgia Education68
97	97	Authority (Schools), Georgia Education Authority (University), Georgia Highway69
98	98	Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll70
99	99	Island—State Park Authority, Stone Mountain Memorial
100	100	Park Association, Georgia71
101	101	Emergency Communications Authority, and Savannah-Georgia Convention Center72
102	102	Authority."73
103	103	SECTION 7.74
104	104	Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended75
105	105	by replacing "Stone Mountain Memorial Association" with "Stone Mountain Park76
106	106	Association" wherever the former term occurs in:77
107	107	(1) Code Section 50-5-72, relating to construction and public works contracts conducted78
108	108	by department, advertising costs, and exceptions;79
109	109	(2) Code Section 50-16-3.1, relating to state authorities prohibited from selling real80
110	110	property and exceptions; and81
111	111	(3) Code Section 50-17-21, relating to definitions relative to state financing and82
112	112	investment.83
113	113	SECTION 8.84
114	114	Said title is further amended by revising subsection (c) of Code Section 50-3-1, relating to85
115	115	description of state flag, militia to carry flag, defacing public monuments, and obstruction86
116	116	and relocation of monuments, as follows:87
117	117	"(c) Any other provision of law notwithstanding, the memorial to the heroes of the88
118	118	Confederate States of America graven upon the face of Stone Mountain the carvings of89
119	119	Jefferson Davis, Robert E. Lee, and Thomas 'Stonewall' Jackson on Stone Mountain shall90 23 LC 54 0239
120	120	H. B. 794
121	121	- 5 -
122	122	never be altered, removed, concealed, or obscured in any fashion and shall be preserved91
123	123	and protected for all time as a tribute to the bravery and heroism of the citizens of this state92
124	124	who suffered and died in their cause."93
125	125	SECTION 9.94
126	126	All laws and parts of laws in conflict with this Act are repealed.95