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House Bill 762 (AS PASSED HOUSE AND SENATE)
By: Representatives Gilliard of the 162
nd
, Petrea of the 166
th
, Hitchens of the 161
st
, and
Stephens of the 164
th
A BILL TO BE ENTITLED
AN ACT
To provide for the creation of the Savannah Music Commission; to provide for a short title;
1
to provide for findings; to provide for definitions; to provide for membership, terms of office,2
and vacancies; to confer powers and impose duties on the commission; to provide for bylaws;3
to provide for a quorum; to provide for audits; to provide for venue; to provide for tax4
exemptions from levy and sale; to provide for liberal construction; to provide for related5
matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Short title.9
This Act shall be known and may be cited as the "Savannah Music Commission Act."10
SECTION 2.11
Findings.12
It is found and determined that:13
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(1) The music and recording industry is a complex ecosystem comprising various
14
components that work together to create, promote, distribute, and consume music;15
(2) The Savannah area is poised to become a destination hub for the music industry;16
(3) Artists, producers, labels, marketers, and many others all play critical roles in17
bringing music to life and ensuring it reaches audiences globally. Understanding these18
components is essential for a successful blueprint for the Savannah area's music industry;19
and20
(4) It will be the mandate of the Savannah Music Commission to promote the music21
industry in the Savannah area.22
SECTION 3.23
Definitions.24
As used in this Act, the following words and terms shall have the meaning specified unless25
the context or use clearly indicates a different meaning or intent:26
(1) "Board" means the board of directors of the Savannah Music Commission.27
(2) "Commission" means the Savannah Music Commission.28
SECTION 4.29
Savannah Music Commission created.30
There is created a body corporate and politic to be known as the "Savannah Music31
Commission" which shall be deemed to be a public corporation. Such corporation shall be32
separate and distinct from any public corporation or other entity heretofore created by the33
General Assembly and shall be an instrumentality of the State of Georgia exercising34
governmental and proprietary powers. The commission is created for the purpose of35
promoting the Savannah area as a music destination; recruiting and organizing music36
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festivals and concerts; partnering with local businesses, schools, and organizations to create
37
diverse music programs; working with local government and businesses to secure funding38
and sponsorships for music initiatives; advocating for music education and resources in local39
schools; and otherwise promoting the music industry in the Savannah area. In connection40
with the exercise of any of its powers, the members of the commission may make findings41
or determinations that the exercise of its powers will support the purposes for which the42
commission is created.43
SECTION 5.44
Board of directors.45
(a) The commission shall be governed by a board of directors consisting of nine members46
appointed by the members of the Georgia General Assembly House of Representatives and47
the members of the Georgia General Assembly Senate who represent any portion of48
Chatham County.49
(b) The board of directors shall consist of:50
(1) Three members who shall be music producers, recording artists, or managers;51
(2) Two members who shall be local music venue owners or business leaders in music52
related industries;53
(3) Two members who shall be representatives from local arts organizations or cultural54
affairs departments; and55
(4) Two members who shall be city commission members or tourism officials.56
(c) Appointed members of the commission shall serve three-year terms. Members57
appointed to fill a vacancy shall serve the remainder of the unexpired term. No member58
appointed to the commission shall serve more than two consecutive complete terms. A59
member becomes eligible to serve again one year after his or her second consecutive60
complete term ended.61
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(d) The board shall establish bylaws that elect officers, set election dates, outline
62
nomination processes, and sets forth the rules and regulations of the commission. Once63
approved by the board, the bylaws shall be voted on by the general membership of the64
commission.65
(e) A majority of the members shall constitute a quorum.66
SECTION 6.67
Powers and duties.68
The commission shall have the following powers and duties:69
(1) To have a seal and alter the same at its pleasure;70
(2) To contract for services necessary to carry out its mission;71
(3) To adopt and alter its own bylaws;72
(4) To receive and utilize gifts, donations, and contributions of money and property and73
services as necessary to carry out its mission;74
(5) To exercise the powers conferred upon a "public corporation" by Article IX, Section75
III, Paragraph I of the Constitution of Georgia, such corporation being expressly declared76
to be a public corporation within the meaning of such provision of the Constitution of77
Georgia;78
(6) To appoint, select, and employ, with or without bidding as the commission may79
choose, officers, agents, and employees;80
(7) To acquire, construct, purchase, hold, own, lease as lessee, expand, improve,81
renovate, repair, maintain, and operate real and personal property or interests therein;82
(8) To sell, lease as lessor, or otherwise transfer, pledge, or dispose of any real and83
personal property interests therein. In connection with any such sale, lease, transfer84
assignment, or other disposition, the commission need not comply with any other85
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provision of law requiring public bidding or notice to the public of such sale, lease,
86
transfer, assignment, or other disposition;87
(9) To acquire projects and other property in its own name by gift or by purchase on such88
terms and conditions and in such manner as it may deem proper. If the commission shall89
deem it expedient to construct any project on real property or any interest therein or90
usufruct therein which is subject to the control of any other public body, then such other91
public body is hereby authorized to convey or lease such real property or interest therein92
to the commission for no consideration or for such consideration as may be agreed upon93
by the commission and such other public body, taking into consideration the public94
benefit to be derived from such conveyance, lease, or usufruct. Any public body may95
transfer such real property or interest therein without regard to any determination as to96
whether or not such property or interest therein is surplus;97
(10) To make and execute with one or more public bodies and private persons contracts,98
lease agreements, rental agreements, installment sale agreements, and other instruments99
relating to the property of the commission and incident to the exercise of the powers of100
the commission, including contracts for constructing, leasing, renting, and selling its101
projects for the benefit of other public bodies and, without limiting the generality of the102
foregoing, authority is specifically granted to the commission and to other public bodies103
to enter into contracts, lease agreements, rental agreements, installment sale agreements,104
and related agreements with each other relating to the provision of any project or services105
for a term not exceeding 50 years, as provided in Article IX, Section III, Paragraph I(a)106
of the Constitution of Georgia;107
(11) To be a co-owner, along with other public bodies, or to the extent allowed by the108
Constitution of Georgia, private persons of any property, if the commission finds and109
determines that such co-ownership is in the best interests of the commission and will110
serve the public purposes of the commission;111
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(12) To purchase policies of insurance as may be deemed appropriate for its corporate
112
purposes;113
(13) To operate, lease, sell, transfer, or otherwise dispose of any property, real or114
personal, or assets of the commission, or to assign its rights under its contracts, lease115
agreements, or installment sale agreements or its right to receive payments thereunder,116
either directly or through trust or custodial arrangements whereby interests are created117
in such contracts, lease agreements, or installment sale agreements or the payments to be118
received thereunder through the issuance of trust certificates, certificates of participation,119
custodial receipts, or other similar instruments. In connection with any such lease, sale,120
transfer, assignment, or other disposition, the commission need not comply with any121
other provision of law requiring public bidding or any notice to the public of such lease,122
sale, transfer, assignment, or other disposition;123
(14) To accept loans and grants of money or property of any kind from the United States124
or any public body or private person, and all public bodies are authorized to make grants125
to the commission, subject to any limitations in the Constitution of Georgia;126
(15) To make such rules and regulations governing its employees and property as it may127
in its discretion deem proper;128
(16) To be sued the same as any private corporation on any contractual obligation of the129
commission. The commission shall have the same rights to sue any other person or entity130
as any private corporation; and131
(17) To have and exercise the usual powers of private corporations, except such as are132
inconsistent with this Act, and to do any and all things necessary and convenient to133
accomplish the purposes and powers of the commission as stated in this Act.134
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SECTION 7.
135
The board as trustees.136
The board shall be held accountable in all respects as trustees. The commission or its fiscal137
agent shall keep suitable records of all receipts, income, and expenditures of every kind.138
There shall be an independent audit of the commission if the commission received or spent139
money in a taxable year without the use of a fiscal agent.140
SECTION 8.141
Charitable and public functions.142
The creation of the commission and the carrying out of its corporate purposes is in all143
respects for the benefit of the people of the state. The commission is an institution of purely144
public charity and will be performing an essential governmental function in the exercise of145
the power conferred upon it by this Act. The commission shall not be required to pay any146
taxes or assessments upon any of the property acquired or leased by it or under its147
jurisdiction, control, possession, or supervision or upon its activities in the operation or any148
rates, fees, tolls, or other charges for the use of such projects or other income received by the149
commission.150
SECTION 9.151
Actions.152
Any action brought against the commission shall be brought in the Superior Court of153
Chatham County and such court shall have exclusive, original jurisdiction of such question.154
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SECTION 10.
155
Liberal construction.156
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to157
effect the purposes of the Act.158
SECTION 11.159
All laws and parts of laws in conflict with this Act are repealed.160
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