Georgia 2025-2026 Regular Session

Georgia Senate Bill SB281 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 44 3029
2	2		Senate Bill 281
3	3		By: Senator Mallow of the 2nd
4		-	AS PASSED SENATE
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		To create the Port Wentworth Convention and Visitors Bureau Authority; to provide for a
8	7		1
9	8		short title; to provide for the appointment, terms, removal, and compensation of authority2
10	9		members; to provide for officers of the authority; to provide for an executive director and3
11	10		employees; to provide for meetings, quorums, and majorities; to provide for the duties and4
12	11		powers of the authority; to provide for tax statutes of the authority; to limit liabilities; to5
13	12		provide for budget oversight; to authorize the use of hotel-motel tax proceeds to fund the6
14	13		authority; to provide for inspections; to place limitations on authority contracts, agreements,7
15	14		obligations, and indebtedness; to provide for related matters; to repeal conflicting laws; and8
16	15		for other purposes.9
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
18	17		SECTION 1.11
19	18		This Act shall be known and may be cited as the "Port Wentworth Convention and Visitors12
20	19		Bureau Authority Act."13
21	20		S. B. 281
22	21		- 1 - 25 LC 44 3029
23	22		SECTION 2.
24	23		14
25	24		(a) The Port Wentworth Convention and Visitors Bureau Authority shall consist of five15
26	25		members. All members of the authority shall be at least 18 years of age and residents of the16
27	26		City of Port Wentworth or owners or employees of businesses located within the city. At17
28	27		least one member shall be an owner or management employee of a hotel, motel, inn, or bed18
29	28		and breakfast located in the city. The city council shall appoint each member of the authority19
30	29		for one-year terms of office.20
31	30		(b) Any member may be removed by a two-thirds' majority vote of city council.21
32	31		(c) All members shall serve without compensation, unless otherwise permitted by law.22
33	32		SECTION 3.23
34	33		The authority shall elect a chairperson, vice chairperson, and secretary-treasurer from its24
35	34		membership. These officers shall be elected on a calendar-year basis but may be reelected25
36	35		for succeeding terms. The chairperson shall be entitled to vote on all issues.26
37	36		SECTION 4.27
38	37		The authority shall have the power to employ an executive director as may be necessary for28
39	38		the operation of the authority's activities. The authority may delegate such powers and29
40	39		responsibilities as are necessary for the executive director to administer the business of the30
41	40		authority and its agencies created in this Act or at a later date. The authority shall set policies31
42	41		governing the review of the executive director's activities. The executive director shall have32
43	42		full charge of the offices and all employees of the authority and shall recommend to the33
44	43		authority the hiring and termination of the employees. The authority shall establish salaries34
45	44		and compensation for the executive director and all of its employees of the authority.35
46	45		S. B. 281
47	46		- 2 - 25 LC 44 3029
48	47		SECTION 5.
49	48		36
50	49		(a) The authority shall meet at such times as may be necessary to transact the business37
51	50		coming before it. Meetings of the authority shall be open to the public in accordance with38
52	51		the laws of this state. Written minutes of all meetings shall be kept, and, within ten days of39
53	52		each meeting, a copy of the minutes shall be furnished to the mayor and city council.40
54	53		Meetings shall be conducted in accordance with Robert's Rules of Order.41
55	54		(b) Three members of the authority shall constitute a quorum for the transaction of any42
56	55		business, including election of officers. The majority of the votes cast shall determine all43
57	56		questions and elections.44
58	57		SECTION 6.45
59	58		(a) The duties of the authority shall be to:46
60	59		(1) Promote tourism, trade, and conventions for the City of Port Wentworth;47
61	60		(2) Study, investigate, and develop plans for improving tourism in the City of Port48
62	61		Wentworth and the area and approving things that tend to bring visitors and conventions49
63	62		into the city;50
64	63		(3) Advise and recommend plans to the city council and departments of the city for the51
65	64		development of tourism in the city; and52
66	65		(4) Otherwise promote public interest in the general improvement of tourism in the city.53
67	66		(b) Nothing in this Act shall be construed to abridge or change the powers and duties of54
68	67		other authorities, departments, boards, and other such agencies of the city.55
69	68		SECTION 7.56
70	69		(a) The authority shall have all powers necessary or convenient to carry out and effectuate57
71	70		the purpose and provisions of this Act, including, but without limiting the generality of the58
72	71		foregoing, the power:59
73	72		(1) To sue and be sued in contract and in tort and to complain and defend in all courts;60
74	73		S. B. 281
75	74		- 3 - 25 LC 44 3029
76	75		(2) To adopt and alter a corporate seal;
77	76		61
78	77		(3) To acquire in its own name real property or rights and easements therein and franchises62
79	78		and personal property necessary or convenient for its corporate purposes by purchase on63
80	79		such terms and conditions and in such manner as it may deem proper or by gift, grant,64
81	80		lease, or otherwise; to insure the same against any and all risks as such insurance may,65
82	81		from time to time, be available; and to use such property, rent or lease the same to or from66
83	82		others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose67
84	83		of any such property in any manner it deems as the best advantage of the authority and the68
85	84		purposes thereof. Title to any such property of the authority shall be held by the authority69
86	85		exclusively for the benefit of the public;70
87	86		(4) To exercise any one or more of the powers, rights, and privileges conferred by this Act71
88	87		either alone or jointly or in common with one or more other parties, whether public or72
89	88		private. In any such exercise of such powers, rights, and privileges jointly or in common73
90	89		with respect to the construction, operation, and maintenance of projects the authority may74
91	90		own an undivided interest in such projects with any other parties, whether public or private. 75
92	91		The authority may enter into agreements with respect to any project with the other parties76
93	92		participating therein, and any such agreement may contain such terms, conditions, and77
94	93		provisions consistent with this Act as the parties thereto may deem to be in their best78
95	94		interest;79
96	95		(5) To make and exercise contracts, agreements, and other instruments necessary or80
97	96		convenient to exercise the powers of the authority or to further the public purpose for81
98	97		which the authority is created;82
99	98		(6) To borrow money to further or carry out its public purpose and to execute notes other83
100	99		obligations, leases, loan agreements, mortgages, deeds to secure debt trust deeds security84
101	100		agreements, assignments, and such other agreements or instruments as may be necessary85
102	101		or desirable in the judgment of the authority to evidence and to provide security for such86
103	102		borrowing;87
104	103		S. B. 281
105	104		- 4 - 25 LC 44 3029
106	105		(7) To make application directly or indirectly to any federal, state, county, or municipal
107	106		88
108	107		government or agency or to any other source, whether public or private, for loans, grants89
109	108		guarantee, or other financial assistance in furtherance of the authority's public purposes and90
110	109		to accept and use the same upon such terms and conditions as are prescribed by such91
111	110		federal, state, county, or municipal government or agency or other source;92
112	111		(8) To enter into agreements with the federal government, state government, or any agency93
113	112		thereof to use the facilities or services of the federal government, state government, or any94
114	113		agency thereof in order to further or carry out the public purposes of the authority;95
115	114		(9) Subject to proper appropriation to the authority, to receive and use the proceeds of any96
116	115		tax levied by a political subdivision or taxing district of the state to pay the cost of any97
117	116		project or for any other purpose for which the authority may use its own funds pursuant to98
118	117		this Act;99
119	118		(10) To accept donations and appropriations of money, services, products, property, and100
120	119		facilities for expenditure and use by the authority for the accomplishment of its purpose;101
121	120		(11) To adopt bylaws governing the conduct of business by the authority, the election and102
122	121		duties of officers of the authority, and other matters which the authority determines to103
123	122		include in its bylaws;104
124	123		(12) To invest any accumulation of its funds in any manner that public funds of the state105
125	124		or its political subdivisions may be invested; and106
126	125		(13) To do any and all things necessary or proper for the accomplishment of the objectives107
127	126		of this Act and to exercise any power usually possessed by private corporations performing108
128	127		similar functions which is not in conflict with the public purpose of the authority or the109
129	128		Constitution and laws of this state.110
130	129		(b) The powers enumerated in each paragraph of subsection (a) of this section are111
131	130		cumulative of and in addition to those powers enumerated elsewhere in this Act and no such112
132	131		power shall limit or restrict any other power of the authority.113
133	132		S. B. 281
134	133		- 5 - 25 LC 44 3029
135	134		SECTION 8.
136	135		114
137	136		The properties of the authority, both real and personal, are declared to be public properties115
138	137		used for the benefit and welfare of the people of the City of Port Wentworth, and not for116
139	138		purposes of private or corporate benefit and income. To the extent permitted and authorized117
140	139		by general law, such properties, to the extent of the authority's ownership therein, the118
141	140		authority, all income and obligations of the authority, and all transfers of such properties119
142	141		shall be exempt from all taxes and special assessments of the state or any city, county, or120
143	142		other political subdivision thereof. To the extent permitted and authorized by general law,121
144	143		the authority shall have all of the exemptions and exclusions from taxes that are now granted122
145	144		to cities and counties for the operation of properties or facilities similar to properties and123
146	145		facilities to be owned or operated by the authority.124
147	146		SECTION 9.125
148	147		Neither the members of the authority nor any person executing notes or obligations on behalf126
149	148		of the authority shall be personally liable thereon by reason of said execution.127
150	149		SECTION 10.128
151	150		The authority shall submit an annual budget to the mayor and city council of the City of Port129
152	151		Wentworth. The City of Port Wentworth, upon approval by the city council, may fund the130
153	152		authority from the revenues the city receives from its hotel-motel tax. In the event such131
154	153		hotel-motel tax proceeds are provided to the authority, the authority shall comply with all132
155	154		provisions relative to the expenditure of said funds contained in Article 3 of Chapter 13 of133
156	155		Title 48 of the O.C.G.A., as now or hereafter in effect, and any other criteria deemed proper134
157	156		by the mayor and city council.135
158	157		S. B. 281
159	158		- 6 - 25 LC 44 3029
160	159		SECTION 11.
161	160		136
162	161		The city council of the City of Port Wentworth shall be authorized, on its own number or137
163	162		through a designated employee, agent, or representative, to inspect the state and condition138
164	163		of the authority and the properties thereto belonging, as well as all books and accounts139
165	164		pertaining to the affairs of the authority, and the authority shall give and furnish them any140
166	165		reasonable facility and assistance in making such inspections.141
167	166		SECTION 12.142
168	167		The authority shall not have the power or authority to bind the City of Port Wentworth by143
169	168		any contract, agreement, financial obligation, indebtedness, or otherwise. No contract,144
170	169		agreement, financial obligation, or indebtedness incurred by the authority shall be a claim145
171	170		or charge against the city.146
172	171		SECTION 13.147
173	172		All laws and parts of laws in conflict with this Act are repealed.148
174	173		S. B. 281
175	174		- 7 -