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