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ARTICLE
3
GEORGIA STATE
GAMES COMMISSION
Effective Date. -
This article became effective July 1, 1989.
Editor's notes. -
Ga. L. 1989, p.1786, § 1, repealed the Code sections
formerly codified at Article 3 and enacted the current
article. The former article consisted of §§ 50-12-40
through 50-12-46 and was based on Ga. L. 1978, p.814.
50-12-40.
Definitions.
As used in this
article, the term:
(1)
"Direct-support organization" means a Georgia
nonprofit corporation organized and operated to receive,
hold, invest, and administer property and to make
expenditures to or for the benefit of the Georgia State
Games, Olympic training facilities, and the promotion of
national and international amateur sports competition.
(2)
"Physical fitness" means good or improved
habits relating to recreation, exercises, sports, and
the use of leisure time and instructions for these
purposes and for improving the physique and health of
residents of the state. (Code 1981, § 50-12-40, enacted
by Ga. L. 1989, p. 1786, §1.)
50-12-41.
Creation of Georgia State Games Commission; purpose;
administration.
(a) There is
created a Georgia State Games Commission, hereafter
called the commission, for the purpose of protecting and
improving the physical fitness of the residents of the
state.
(b) The
commission is assigned to the Department of Human
Resources for administrative purposes only, as specified
in Code Section 50-4-3. (Code 1981, § 50-12-41, enacted
by Ga. L. 1989, p. 1786, §1.)
50-12-42. Purpose
of article.
The purpose of
this article is:
(1) To promote
the health and physical fitness of the citizens of this
state;
(2) To promote
participation in amateur sports by citizens of all ages
and skill levels;
(3) To promote a
state-wide program of amateur athletic competition,
culminating in state championship competitions; and
(4) To promote
state, national, and international amateur sports
through the establishment of Olympic training facilities
within the state. (Code 1981, § 50-12-42, enacted by
Ga. L. 1989, p. 1786, § 1.)
50-12-43.
Membership of commission; term of office; chairman;
meetings; quorum; rules; vacancies.
(a) The
commission shall consist of members to be appointed as
follows:
(1) The Governor
shall appoint one member from each congressional
district in this state;
(2) The President
of the Senate shall appoint one member from the state at
large; and
(3) The Speaker
of the House of Representatives shall appoint two
members from the state at large.
(b) The members
shall be selected because of their experience and
interest in physical fitness and amateur athletics and
shall share a commitment to promote amateur athletics in
the state. The terms of the 12 members of the
commission who were in office on January 1, 1991, shall
expire on December 31, 1993. As soon as legally
permissible after January 1, 1991, the President of the
Senate and the Speaker of the House of Representatives
shall each appoint one additional member to the
commission for initial terms expiring on December 31,
1993. In the event the number of members of the
United States House of Representatives from Georgia is
increased following the United States decennial census
of 1990, the Governor shall appoint an appropriate
number of additional members to the commission and such
members shall have initial terms expiring on December
31, 1993. Successors to members whose terms expire
on December 31, 1993, shall be appointed for initial
terms as follows:
(1) Members
appointed by the Governor from odd-numbered
congressional districts, one member appointed by the
President of the Senate, and one member appointed by the
Speaker of the House of Representatives shall have
initial terms beginning on January 1, 1994, and ending
December 31, 1995.
(2) Members
appointed by the Governor from even-numbered
congressional districts, one member appointed by the
President of the Senate, and one member appointed by the
Speaker of the House of representatives shall have
initial terms beginning on January 1, 1994, and ending
December 31, 1997.
Successors to
such members and future successors shall be appointed
immediately prior to the expiration of a term of office,
shall take office on January 1 following their
appointment, and shall have terms of office of four
years each and until the respective successors are
appointed. Members shall be eligible for
reappointment for an unlimited number of terms.
(c) Members shall
elect a chairman who shall be a member of the
commission. The commission shall meet regularly at the
call of the Governor or the chairman. A majority of the
total number of members to which the commission is
entitled shall constitute a quorum. The commission
shall adopt such rules and regulations as are necessary
and proper to govern its procedure and business.
(d) In the event
of the death, disability, resignation, removal, or
refusal to serve of any member, the appointing official
of that member shall appoint a qualified person to fill
the expired term.
(e) Each member
of the commission shall receive the same expense
allowance per day as that received by a member of the
General Assembly for each day such member of the
commission is in attendance at a meeting of the
commission, plus reimbursement for actual transportation
costs while traveling by public carrier or the legal
mileage rate for the use of a personal automobile in
connection with such attendance. (Code 1981, §
50-12-43, enacted by Ga. L. 1989, p. 1786, § 1.)
50-12-44.
Promotion of physical fitness and sports.
The commission
shall have the following powers and duties in addition
to other powers and duties set forth in this article:
(1) To develop
and stage a program of state-wide amateur athletic
competitions to be known as the "Georgia State
Games";
(2) To enter into
contracts with both public and private parties in
connection with the exercise of powers and duties of the
commission;
(3) To procure
insurance coverage for participants in its programs;
(4) To appoint
and select officers, agents, and employees, including
professional and administrative staff;
(5) To enlist the
support of individuals, civic groups, amateur and
professional sports associations, and other
organizations in promoting, conducting, and staging the
Georgia State Games and in promoting and improving
physical fitness in amateur sports programs;
(6) To enter into
agreements for the development, marketing, promotion,
staging and television and radio broadcasting or
reproduction of:
(A) The Georgia
State Games, and
(B) The official
Georgia State Games emblem, posters, and any other
artistic, orthographic, or visual representations or
designations relating to the Georgia State Games;
(7) To accept
monetary grants, gifts, and proceeds arising from any
contracts of the commission from the federal government;
state government; any county, municipality, or local
government; any board, bureau, commission, agency,
authority, or establishment of any such government; or
any individual, group of individuals, or any other
organization, public or private; and to hold, invest,
and disburse such grants, gifts, and proceeds and the
income derived from such grants, gifts and proceeds in
carrying out the objectives and purposes of the
commission;
(8) To accept
from the federal government or any instrumentality
thereof or any other public or private person, firm, or
corporation in the name of and for the state services,
equipment, supplies, and materials by way of gift or
grant for any purpose provided by this article.
(9) To promote
the development of Olympic training centers within the
state. Such centers shall be managed by a Georgia
State Games and Olympic training centers direct-support
organization under contract with the Department of
Natural Resources as further provided in Code Section
50-12-45. The commission shall assure that state
and local governmental entities and other entities
cooperate to the extent feasible in providing existing
facilities for use in Olympic training;
(10) To promote
national and international amateur athletic
competitions;
(11) To recommend
rules for adoption and establish policies for the
operation of the Georgia State Games, the promotion of
national and international amateur athletic
competitions, and the development of Olympic style
training centers;
(12) To maintain
liaison with the Department of Education, county and
independent boards of education, private and parochial
schools, physical fitness commissions of the several
political subdivisions of the state, and comparable
agencies of other states or the federal government;
(13) To sponsor
physical fitness and amateur sports workshops, clinics,
conferences, and other similar activities;
(14) To give
recognition to outstanding developments and achievements
in, and contributions to, physical fitness and amateur
sports;
(15) To collect
and disseminate physical fitness and sports information
and initiate advertising campaigns promoting physical
fitness and amateur sports;
(16) To encourage
local governments and communities to develop local
physical fitness programs and amateur athletic
competition; and
(17) To adopt,
alter, or repeal its bylaws, rules and regulations
governing the manner in which its business may be
transacted and in which the power granted to it may be
enjoyed, as the commission may deem necessary or
expedient in facilitating its business. (Code 1981,
enacted by Ga. L. 1989, p. 1786, § 1.)
50-12-45.
Assistance by direct-support organization; contract with
organization; Georgia State Games.
(a) The
commission may authorize a direct-support organization
as defined by Code Section 50-12-40 to assist the
operation of the Georgia State Games, the promotion of
national and international amateur athletic
competitions, and the development of Olympic training
centers. The direct-support organization shall operate
under contract with the Department of Natural Resources.
(b) The contract
between the direct-support organization and the
Department of Natural Resources shall, at a minimum,
provide for:
(1) Approval of
the articles of incorporation of the direct-support
organization by the commission, and for the governance
of the direct-support organization by members appointed
by the commission and approved by the Governor;
(2) Submission of
an annual budget for the approval of the commission and
the Governor. The budget shall be in accordance with
rules adopted by the commission;
(3) Certification
by the Governor or his designee, after conducting an
annual financial and performance review, that the
direct-support organization is operating in compliance
with the terms of the contract and in a manner
consistent with the goals of the commission and in the
best interest of the state. Such certification shall be
made to the commission annually and reported in the
official minutes of a meeting of the commission;
(4) The release
and conditions for the expenditure of any state
revenues;
(5) The reversion
to the state of funds held in trust by the
direct-support organization if the contract is
terminated; and
(6) The fiscal
year of the direct-support organization as beginning on
July 1 and ending June 30 in each and every year.
(c) The Georgia
State Games shall be patterned after the Summer Olympic
games with variations as necessitated by the
availability of facilities, equipment, and expertise.
The games shall be designed to encourage the
participation of athletes representing a broad range of
age groups, skill levels, and Georgia communities.
Participants shall be residents of this state. Regional
competitions shall be held throughout the state, and the
top qualifiers in each sport shall proceed to the final
competitions to be held at a site in the state having
necessary facilities and equipment for conducting
competitions.
(d) The
commission shall determine the frequency of the Georgia
State Games and shall select the sites of the final
competition and regional competitions.
(e) The
commission is authorized to incorporate one or more
nonprofit corporations as subsidiary corporations of the
commission for the purpose of carrying out any of the
powers of the commission and to accomplish any of the
purposes of the commission. Any subsidiary
corporations created pursuant to this subsection shall
be created pursuant to Chapter 3 of Title 14, the
"Georgia Nonprofit Corporation Code," and the
Secretary of State shall be authorized to accept such
filings. Upon dissolution of any subsidiary
corporation of the commission, any assets shall revert
to the commission or to any successor to the commission
or, failing such succession, to the State of Georgia.
50-12-46.
Authority of Governor to permit use of property,
facilities, and services by direct-support organization.
The Governor is
authorized to permit the use of property, facilities,
and personal services of or at any university system
facility or institution by any Georgia State Games and
Olympic training centers direct-support organization,
subject to the provisions of this Code section. For the
purposes of this code section, personal services include
full-time or part-time personnel as well as payroll
processing. (Code 1981, § 50-12-46, enacted by Ga. L
1989, p. 1786, § 1.)
50-12-47. Audit
of Georgia State Games direct-support organization.
The Georgia State
Games direct-support organization shall make provisions
for an annual financial and compliance audit of its
financial accounts and records by an independent
certified public accountant in accordance with rules
established by the commission. The annual audit report
shall be submitted to the Governor and the commission
for review and approval. Upon approval, the Governor and
the commission shall certify the audit report to the
Department of Audits and Accounts for review and
approval. (Code 1981, § 50-12-47, enacted by Ga. L.
1989, p. 1786, § 1.)
50-12-48. Annual
report of commission; budget.
The
commission shall make an annual report of its activities
to the Governor and to the General Assembly, with any
recommendations which it may wish to make.
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