25 LC 62 0126
Senate Bill 260
By: Senators Williams of the 25th, Brass of the 6th, Watson of the 1st, Robertson of the 29th,
Beach of the 21st and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to
1
Department of Economic Development, so as to create the Central State Hospital2
Redevelopment Authority; to confer powers and impose duties on the authority; to provide3
for membership and appointment of members of the authority; to provide for terms of the4
members; to provide for meetings; to prohibit employees and members from having certain5
interests; to provide for revenue bonds; to provide for venue and jurisdiction; to provide for6
the authority's purpose; to provide for rules and regulations; to provide for tax exemptions;7
to provide for supplemental powers; to provide for liberal construction; to provide for8
successor interests; to provide for definitions; to provide for related matters; to repeal9
conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to Department of13
Economic Development, is amended by adding a new article to read as follows:14
S. B. 260
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"ARTICLE 1115
50-7-130.16
As used in this article, the term:17
(1) 'Authority' means the Central State Hospital Redevelopment Authority created in this18
article.19
(2) 'Central State Hospital' means the Central State Hospital in Milledgeville, Georgia,20
now or formerly under the jurisdiction of the Department of Behavioral Health and21
Developmental Disabilities.22
(3) 'Cost of the project' means and embraces the cost of construction; the cost of all23
lands, properties, rights, easements, and franchises acquired; the cost of all machinery and24
equipment, financing charges, interest prior to and during construction and for one year25
after completion of construction; the cost of engineering, architectural, fiscal agent, and26
legal expenses, and of plans and specifications and other expenses necessary or incident27
to determining the feasibility or practicability of the project, administrative expenses, and28
such other expenses as may be necessary or incident to the financing authorized in this29
article; the cost of the acquisition or construction of any project; and the cost of placing30
any project in operation. Any obligation or expense incurred for any of the foregoing31
purposes shall be regarded as a part of the cost of the project and may be paid or32
reimbursed as such out of the proceeds of revenue bonds issued under the provisions of33
this article for such projects.34
(4) 'Department' means the Department of Economic Development.35
(5) 'Economic development conveyance' shall have the same meaning as provided in 3236
C.F.R. Section 174.9(a).37
(6) 'Local government' means, individually or in combination, the City of Milledgeville,38
Baldwin County, or any development authority of either or both.39
(7) 'Project' includes:40
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(A) The land and any one or more buildings or structures located in or on the real41
property now or formerly occupied by Central State Hospital and the real property42
adjacent thereto to be used in education, parks and recreation, transportation,43
healthcare, research, housing, commerce, or the production, manufacturing, processing,44
assembling, storing, or handling of any agricultural, manufactured, mining, or industrial45
products or any combination of the foregoing or similar uses, in every case with all46
necessary or useful furnishings, machinery, equipment, parking facilities, landscaping,47
and facilities for outdoor storage, all as determined by the authority, which48
determination shall be final and not subject to review; and there may be included as part49
of any such project all improvements necessary to the full utilization thereof, including50
site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line51
railroad sidings and lead tracks, bridges, causeways, terminals for railroad and52
automotive transportation, and transportation facilities incidental to the project;53
(B) The acquisition, construction, leasing, or equipping of new industrial facilities or54
the improvement, modification, acquisition, expansion, modernization, leasing,55
equipping, or remodeling of existing industrial or governmental facilities located or to56
be located in or on the property now or formerly occupied by Central State Hospital and57
the properties adjacent thereto;58
(C) The acquisition, construction, improvement, or modification of any property, real59
or personal, which any industrial concern might desire to use, acquire, or lease in60
connection with the operation of any plant or facility located or to be located in or on61
the property now or formerly occupied by Central State Hospital and the properties62
adjacent thereto; and63
(D) The acquisition and development of land in or on the property now or formerly64
occupied by Central State Hospital as the site for an educational facility, historic65
preservation site, commercial enterprise, entertainment facility, park or recreational66
facility, industrial park, transportation facility, healthcare facility, research facility,67
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residential project, or similar uses, provided that, as used in this subparagraph, the term68
'development of land' includes the provision of water, sewage, drainage, or similar69
facilities or transportation, power, or communication facilities which are incidental to70
use of the site as an educational facility, historic preservation site, commercial71
enterprise, entertainment facility, park or recreational facility, industrial park,72
transportation facility, healthcare facility, research facility, residential project, or similar73
use but, except with respect to such facilities, does not include the provision of74
structures or buildings.75
50-7-131.76
(a)(1) The department is authorized to acquire, construct, operate, maintain, expand, and77
improve a project for the purpose of promoting trade, commerce, industry, and78
employment opportunities within this state for the public good and general welfare and,79
without limitation of the foregoing, with the approval of the State Properties Commission,80
to acquire land for such purposes.81
(2) The department may pay the costs of the project from any lawful fund source82
available for the purpose, including, without limitation, where applicable, funds received83
by appropriation, proceeds of general obligation debt, funds of local government, grants84
of the United States or any agency or instrumentality thereof, gifts, and otherwise.85
(3) The project shall be located in Baldwin County, Georgia, and shall be known as the86
Central State Hospital Redevelopment Authority except that any facility included within87
the project may be otherwise designated.88
(b) A local government and the department are both authorized to contract with one89
another whereby the local government may exercise on behalf of the department such90
future responsibility in connection with the construction, operation, management, and91
maintenance of the project as is now or may be vested in the department; and the92
department is authorized by such contract to delegate to the local government93
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corresponding responsibilities and powers with respect to the project and to transfer to the94
local government any and all contracts, plans, documents, or other papers of the department95
relating to the project, as compensation to the local government under such contract. To96
the extent provided by such contract with the department, the local government on behalf97
of the department shall acquire, plan, construct, erect, repair, remodel, maintain, add to,98
extend, improve, equip, operate, and manage the project.99
(c) Without limiting the generality of any provision of this article, the general purpose of100
the local government under this article is declared to be that of acquiring, constructing,101
equipping, maintaining, and operating the project, in whole or in part, directly or under102
contract with the department and engaging in such other activities as it deems appropriate103
to promote the use of the project and the use of the industrial, agricultural, educational,104
historical, cultural, recreational, commercial, and natural resources of the State of Georgia105
by those using the project or visiting this state.106
(d) The department shall have the authority with the approval of the State Properties107
Commission to lease any improved or unimproved land or other property acquired by it108
under this Code section to the local government for a term not to exceed 50 years but upon109
such other terms and conditions as the department may determine necessary or convenient. 110
Any such lease may be for and in consideration of $1.00 annually for each calendar year111
or portion thereof paid in kind to and receipted for by the Office of the State Treasurer and112
in further consideration that such property be held, constructed, operated, maintained,113
expanded, or improved for the purposes for which the department was authorized to114
acquire such property. It is determined that such consideration is good and valuable and115
sufficient consideration for such lease and in the interest of the public welfare of the State116
of Georgia and its citizens.117
S. B. 260
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50-7-132.118
(a) There is created a body corporate and politic to be known as the Central State Hospital119
Redevelopment Authority, which shall be deemed to be a political subdivision of the State120
of Georgia and a public corporation, and by that name, style, and title, said body may121
contract and be contracted with, sue and be sued, implead and be impleaded, and bring and122
defend actions in all courts. The authority shall have perpetual existence.123
(b)(1) The authority shall consist of four members, to be appointed in the following124
manner:125
(A) One member shall be appointed by the Governor;126
(B) One member shall be appointed by the President of the Senate;127
(C) One member shall be appointed by the Speaker of the House of Representatives;128
and129
(D) One member shall be appointed by the state property officer.130
(2) Persons so appointed shall serve for initial terms of office which shall expire on131
December 31 of the fourth year after their appointment. After the initial terms of office,132
members of the authority shall serve for terms of office of four years each. Members of133
the authority shall serve their respective terms of office specified in this subsection and134
until their respective successors are appointed and qualified. Any member of the135
authority may be appointed to succeed himself or herself. After such appointment, the136
members of such authority shall enter upon their duties. Any vacancy on the authority137
shall be filled in the same manner as was the original appointment of the member whose138
term of office resulted in such vacancy. A person appointed to fill a vacancy shall serve139
for the remainder of the unexpired term and until the appointment and qualification of a140
successor. The members of the authority shall be reimbursed, upon submission of sworn141
vouchers, for all actual expenses incurred in the performance of their duties out of funds142
of the authority but shall receive no further compensation. The authority shall make rules143
and regulations for its own government.144
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(3) To be eligible for appointment as a member of the authority, a person shall be at145
least 21 years of age and shall not have been convicted of a felony.146
(4) The members of the authority shall elect from their number a chairperson, vice147
chairperson, secretary, and treasurer. The secretary may also serve as treasurer. Each of148
such officers shall serve for a period of two years and until their successors are duly149
elected. The chairperson of the authority shall be entitled to vote upon any issue, motion,150
or resolution.151
(c) The authority may create subcommittees as it deems appropriate. The authority may152
appoint as members of the subcommittees such individuals from the community as the153
authority deems appropriate, and such members do not have to be members of the154
authority. The subcommittees shall serve in an advisory capacity to the authority. The155
chairperson of the authority shall choose from among the members of each subcommittee156
a person to serve as chairperson of that subcommittee. The chairpersons of the157
subcommittees shall serve four-year terms and shall be eligible for reappointment.158
(d) A majority of the members of the authority shall constitute a quorum. No vacancy on159
the authority shall impair the right of the quorum to exercise all of the rights and perform160
all of the duties of the authority.161
(e) A vacancy on the authority shall exist in the office of any member of the authority who162
is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted163
of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who164
is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties165
as a member of the authority; or who fails to attend three consecutive regular meetings of166
the authority without an excuse approved by a resolution of the authority.167
(f) All meetings of the authority, regular or special, shall be open to the public.168
(g) No member or employee of the authority shall have, directly or indirectly, any financial169
interest, profit, or benefit in any contract, work, or business of the authority nor in the sale,170
lease, or purchase of any property to or from the authority.171
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50-7-133.172
The general purpose of the authority is declared to be that of executing and administering173
the reuse plan for the property now or formerly occupied by Central State Hospital;174
executing economic development conveyances for such property now or formerly occupied175
by Central State Hospital resulting from the closure or realignment of Central State176
Hospital so as to ameliorate the impact of such closure or realignment on the communities177
and residents of the City of Milledgeville and Baldwin County; extending and improving178
such projects; acquiring the necessary property therefor, both real and personal, with the179
right to contract for the use of or to lease or sell any or all of such facilities, including real180
property, to any persons, firms, or corporations, whether public or private, if in the sole181
judgment of the authority such use, lease, or sale supports the general purposes of the182
authority; and doing all things deemed by the authority necessary, convenient, and183
desirable for and incident to the efficient and proper development and operation of such184
type of undertakings.185
50-7-134.186
(a) The authority shall have the power:187
(1) To have a seal and alter the same at its pleasure;188
(2) To acquire by purchase, lease, or otherwise, including acquisition of land from the189
state government, and to hold, lease, and dispose of real and personal property of every190
kind and character for its corporate purpose and to plan, acquire, establish, develop,191
construct, enlarge, improve, maintain, equip, and lease all projects which shall come192
under the control of the authority under the provisions of this article or which it may193
acquire or plan to acquire; to regulate, protect, and police such projects and all related194
activities and facilities; to enter into any contracts, leases, or other charges for the use of195
property or services of the authority and collect and use the same as necessary to operate196
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the projects under control of the authority; and to accomplish any of the purposes of this197
article and make any purchases or sales necessary for such purposes;198
(3) To acquire in its own name by purchase, on such terms and conditions and in such199
manner as it may deem proper, real property, or rights or easements therein, or franchises200
necessary or convenient for its corporate purpose, and to use the same so long as its201
corporate existence shall continue, and to lease or make contracts with respect to the use202
of such property, or dispose of the same in any manner it deems to be to the best203
advantage of the authority;204
(4) To appoint, select, and employ officers, agents, and employees, including real estate,205
environmental, engineering, architectural, and construction experts; fiscal agents; and206
attorneys, and to fix their respective compensations;207
(5) To make contracts and leases and to execute all instruments necessary or convenient,208
including contracts for construction of projects and leases of projects or contracts with209
respect to the use of projects which it causes to be constructed, erected, or acquired. Any210
and all persons, firms, and corporations and any and all political subdivisions,211
departments, institutions, or agencies of the state and federal government are authorized212
to enter into contracts, leases, or agreements with the authority upon such terms and for213
such purposes as they deem advisable; and, without limiting the generality of the214
foregoing, authority is specifically granted to municipal corporations, counties, political215
subdivisions, and the authority relative to entering into contracts, lease agreements, or216
other undertakings authorized between the authority and private corporations, both inside217
and outside this state, and between the authority and public bodies, including counties218
and cities outside this state and the federal government;219
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,220
equip, operate, and manage projects, the cost of the project to be paid in whole or in part221
from the proceeds of revenue bonds of the authority or from such proceeds and any grant222
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or contribution from the United States of America or any agency or instrumentality223
thereof or from the State of Georgia or any agency or instrumentality thereof;224
(7) To accept loans and grants of money or materials or property of any kind from the225
United States of America or any agency or instrumentality thereof upon such terms and226
conditions as the United States of America or such agency or instrumentality may227
require;228
(8) To accept loans and grants of money or materials or property of any kind from the229
State of Georgia or any agency or instrumentality or political subdivision thereof upon230
such terms and conditions as the State of Georgia or such agency or instrumentality or231
political subdivision may require;232
(9) To borrow money for any of its corporate purposes and to issue negotiable revenue233
bonds payable solely from funds pledged for the purpose and to provide for the payment234
of the same and for the rights of the holders thereof;235
(10) To exercise any power usually possessed by private corporations performing similar236
functions, including the power to make short-term loans and approve, execute, and237
deliver appropriate evidence of such indebtedness, provided that no such power is in238
conflict with the Constitution or general laws of this state;239
(11) To encourage and facilitate job training and housing rehabilitation programs for240
residents surrounding Central State Hospital; and241
(12) To do all things necessary or convenient to carry out the powers expressly given in242
this article.243
(b) The authority shall be assigned for administrative purposes to the department as244
provided for in Code Section 50-4-3.245
(c) The Attorney General shall provide legal services for the authority in the same manner246
provided for in Code Sections 45-15-13 through 45-15-16.247
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50-7-135.248
The authority, or any authority or body which had or which may in the future succeed to249
the powers, duties, and liabilities vested in the authority created by this article, is250
authorized to provide by resolution for the issuance of negotiable revenue bonds of the251
authority for the purpose of paying all or any part of the cost of the project of any one or252
more projects. The authority shall comply with Article 3 of Chapter 82 of Title 36, the253
'Revenue Bond Law,' when issuing bonds.254
50-7-136.255
(a) Each year the authority shall have made an independent audit and examination of the256
authority's financial records and transactions. Such audit shall be made in accordance with257
established national audit and accounting standards. Such audit shall be made on or before258
the one hundred-eightieth day following the end of the authority's fiscal year. Copies of259
such audit shall be available for public review and provided to the state auditor.260
(b) Annual audit reports of the authority shall contain at least:261
(1) Financial statements prepared in conformity with generally accepted national262
accounting principles, setting forth the financial condition and results of operation of each263
fund and activity of the authority; and264
(2) The opinion of the performing auditor with respect to the financial statement in265
addition to an explanation of any qualification or disclaimers contained in the opinion. 266
Such opinion shall also disclose, in accordance with generally accepted national auditing267
standards, any apparent or material violation of state law discovered during the audit.268
(c) The authority shall forward to the state auditor written comments on the findings and269
recommendations in the report, including a plan for corrective action taken or planned and270
comments on the status of the corrective action taken on prior findings.271
(d) The state auditor shall review the audit report and written comments submitted to the272
auditor's office to ensure that it conforms with generally accepted national auditing273
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principles. After review, the state auditor shall submit to the authority a list of deficiencies274
to be corrected.275
(e) Upon failure, refusal, or neglecting to have an annual audit made; a failure to file a276
copy of the audit report with the state auditor; or a failure to correct auditing deficiencies277
noted by the state auditor, the state auditor shall cause a prominent notice to be published278
in the legal organ of Baldwin County and in any other newspapers of general circulation279
within the City of Milledgeville. Such notice shall be a prominently displayed280
advertisement or news article and shall not be placed in the section of the newspaper where281
legal notices appear. Such notice shall be published twice and shall state that the authority282
has failed, refused, or neglected, as the case may be, to have an annual audit made, to file283
an audit report, or to correct auditing deficiencies, as the case may be, for the fiscal year284
or years in question. The notice shall further state that such failure, refusal, or neglect is285
a violation of law.286
50-7-137.287
It shall be the duty of the authority to prescribe rules and regulations for the operation of288
the project or projects constructed or acquired under the provisions of this article.289
50-7-138.290
It is found, determined, and declared that the creation of the authority and the carrying out291
of its corporate purpose is in all respects for the benefit of the people of this state; that the292
authority is an institution of purely public charity and will be performing an essential293
governmental function in the exercise of the power conferred upon it by this article; that294
this state covenants with the holders of the bonds; that the authority shall not be required295
to pay any taxes or assessments upon any of the property acquired or leased by it or under296
its jurisdiction, control, possession, or supervision or upon its activities in the operation or297
maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the298
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use of such projects or other income received by the authority; and that the bonds of the299
authority, their transfer, and the income therefrom shall at all times be exempt from300
taxation within this state. The exemption from taxation provided for in this Code section301
shall not extend to tenants or lessees of the authority and shall not include exemptions from302
sales and use taxes on property purchased by the authority or for use by the authority.303
50-7-139.304
This article shall be regarded as supplemental and additional to powers conferred by other305
laws, and shall not be regarded as in derogation of any powers now existing.306
50-7-140.307
Any action to protect or enforce any rights under this article shall be brought in the308
Superior Court of Baldwin County.309
50-7-141.310
The property of the authority shall not be subject to levy and sale under legal process.311
312
50-7-142.
313
All funds received by the authority pursuant to this article, whether as revenue, rents, fees,314
charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be315
trust funds held and applied by the authority solely as provided in this article.316
50-7-143.317
This article shall be liberally construed to effect the purposes of this article.318
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50-7-144.319
(a) Should the authority for any reason be dissolved, title to all property of any kind and320
nature, real and personal, held by the authority at the time of such dissolution shall be321
conveyed to the State of Georgia; or title to any such property may be conveyed prior to322
such dissolution in accordance with provisions which may be made therefor in any323
resolution or trust instrument relating to such property, subject to any liens, leases, or other324
encumbrances outstanding against or in respect to such property at the time of such325
conveyance.326
(b) On July 1, 2025, all powers, duties, assets, real and personal property, liabilities, and327
indebtedness of the Central State Hospital Local Redevelopment Authority created by an328
Act to create the Central State Hospital Local Redevelopment Authority, approved329
February 29, 2012 (Ga. L. 2012, p. 3837), as amended, are transferred to the authority. The330
authority shall be the successor to the Central State Hospital Local Redevelopment331
Authority in all contracts entered into by the Central State Hospital Local Redevelopment332
Authority which are in existence on July 1, 2025, and to all accounts of and debts owed333
to the Central State Hospital Local Redevelopment Authority that are outstanding on July334
1, 2025."335
SECTION 2.336
All laws and parts of laws in conflict with this Act are repealed.337
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