25 HB 516/AP
House Bill 516 (AS PASSED HOUSE AND SENATE)
By: Representatives New of the 40
th
, Hawkins of the 27
th
, Ballard of the 147
th
, Scoggins of
the 14
th
, Persinger of the 119
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
1
so as to designate the Attorney General as an applicable elected representative who may2
approve issuance of certain private activity bonds; to establish procedures for public notices3
and hearings relative to such bonds; to authorize county and regional library boards and4
community service boards to conduct teleconference meetings under certain circumstances;5
to provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended9
by adding a new Code section to read as follows: 10
"50-1-14.
11
The Attorney General is designated as an applicable elected representative, as provided for12
in 26 U.S.C. Section 147(f)(2)(E) of the Internal Revenue Code, who may approve the13
issuance of one or more private activity bonds to finance or refinance a state charter school14
facility after a public hearing following reasonable notice in accordance with 26 U.S.C.15
Section 147(f) of the Internal Revenue Code and applicable state and federal rules. Within16
60 days of the Attorney General receiving a written request for a public hearing, he or she17
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or his or her designee shall hold such hearing, as required by 26 U.S.C. Section 147(f) of18
the Internal Revenue Code. Within 30 days of such hearing, the Attorney General shall19
approve the issuance of private activity bonds to finance or refinance a state charter school20
facility if the applicable charter school is authorized by Article 31A of Chapter 2 of21
Title 20 and is an organization described under 26 U.S.C. Section 501(c)(3) of the Internal22
Revenue Code, and such state charter school facility to be financed or refinanced by such23
private activity bonds will be owned or principally used by such state charter school." 24
SECTION 2.25
Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings open26
to the public, limitation on action to contest agency action, recording, notice of time and27
place, access to minutes, and teleconferences, is amended by revising subsection (h) as28
follows:29
"(h)(1) The following bodies and committees thereof shall be authorized to conduct30
meetings by teleconference, provided that any such meeting shall be considered to be31
conducted in compliance with this chapter so long as the notice required by this chapter32
is provided and, if fewer than a quorum of the members of a body or committee thereof33
are physically present, means have been afforded for the public to have simultaneous34
access to the teleconference meeting:35
(A) Development authorities created pursuant to or authorized by the provisions of36
Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI,37
Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the38
Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV39
of the Constitution;40
(B) Community improvement districts created pursuant to the provisions of Article IX,41
Section VII of the Georgia Constitution;42
(C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; and43
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(D) The board of trustees or other governing body of any large retirement system as
44
such term is defined in subsection (a) of Code Section 47-20-84;
45
(E) The board of trustees of any county or regional public library created pursuant to46
Part 2 of Article 2 of Chapter 5 of Title 20; provided, however, that such meetings:47
(i) Shall be held at a physical location with at least 50 percent of the board members48
physically present; and49
(ii) Shall provide one or more methods for public viewing of such meetings and50
providing commentary at such meetings without being physically present at such51
meetings; and52
(F) Community service boards created pursuant to Article 1 of Chapter 2 of Title 37;53
provided, however, that such meetings:54
(i) Shall be held at a physical location with at least 50 percent of the board members55
physically present; and56
(ii) Shall provide one or more methods for public viewing of such meetings and57
providing commentary at such meetings without being physically present at such58
meetings.59
(2) The participation by teleconference of members of such bodies or committees thereof60
means full participation in the same manner as if such members were physically present. 61
In the event such teleconference meeting is a public hearing, and if fewer than a quorum62
of the members of a body or committee thereof are physically present, then members of63
the public shall be afforded the means to participate fully in the same manner as if such64
members of the public were physically present."65
SECTION 3.66
All laws and parts of laws in conflict with this Act are repealed.67
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