Creation; Members; Quorum; Travel and Expenses; Legal Services; Members' Accountability Recordkeeping; Authority Assigned

  1. Law
  2. Georgia Code
  3. State Government
  4. Environmental Finance Authority
  5. Environmental Finance Authority
  6. General Provisions
  7. Creation; Members; Quorum; Travel and Expenses; Legal Services; Members' Accountability Recordkeeping; Authority Assigned

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  1. There is created a body corporate and politic to be known as the Georgia Environmental Finance Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of economic development, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as such official remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years.
  2. A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority.The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly.The authority shall make rules and regulations for its own government.The authority shall have perpetual existence.Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
  3. The members of the authority shall be accountable in all respects as trustees.The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances.
  4. The authority is assigned to the Department of Community Affairs for administrative purposes only.

(Code 1981, §50-23-3, enacted by Ga. L. 1986, p. 569, § 1; Ga. L. 1989, p. 1641, § 17; Ga. L. 1991, p. 1685, § 1; Ga. L. 1994, p. 1108, § 6; Ga. L. 2004, p. 690, § 42; Ga. L. 2010, p. 949, § 1/HB 244.)

Editor's notes.

- Ga. L. 1989, p. 1641, which amended this Code section, provides in § 18, not codified by the General Assembly: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."


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