General Powers

  1. Law
  2. Georgia Code
  3. State Government
  4. Georgia Technology Authority
  5. General Powers

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  1. The authority shall have the following powers:
    1. To have a seal and alter the same at its pleasure;
    2. To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
    3. To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
    4. To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
    5. To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
    6. To fix and collect fees and charges for data, media, and incidental services;
    7. To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
    8. To establish policies and standards for agencies to submit information technology plans to the authority. Such policies and standards shall include without limitation content, format, and frequency of submission;
    9. To establish technology policies and standards for all agencies, including, but not limited to, the role and responsibilities of chief information officers and chief information security officers within such agencies;
    10. To establish and maintain official employee purchase programs for technology resources facilitated by and through the authority for state employees and public school employees of county or independent boards of education;
    11. To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management;
    12. To develop such plans and reports as are deemed necessary and useful and to require agencies to submit periodic reports at such frequency and with such content as the board shall define;
    13. To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation;
    14. To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development;
    15. To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management;
    16. To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture;
    17. To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy;
    18. To coordinate with local and federal governments to achieve the goals of the authority;
    19. To identify and pursue alternative funding approaches;
    20. To establish technology security policies, standards, and services to be used by all agencies;
    21. To conduct technology audits of all agencies;
    22. To facilitate and encourage the conduct of business on the Internet;
    23. To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents;
    24. To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees;
    25. To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state;
    26. To contract through the Department of Administrative Services for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies and designate such contracts as mandatory sources of supply for agency purchases or to authorize any agency to purchase or contract for technology;
    27. To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards;
    28. To establish specifications and standards for technology resources, which shall apply to all technology to be purchased, licensed, or leased by any agency;
    29. To provide a waiver for any agency as to the use of any policies, standards, specifications, or contracts developed by the authority, when it is determined by the authority that such should not be applicable to such agency or that it will promote the best interests of the state to grant such a waiver;
    30. To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;
    31. To coordinate the establishment and administration of one or more programs to increase economic, educational, and social opportunities for citizens and businesses through the promotion of the deployment of broadband services and other emerging communications technologies throughout the state and to exercise any power granted to the authority in Chapter 40 of this title; and
    32. To do all things necessary or convenient to carry out the powers conferred by this chapter.
  2. The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority.

(Code 1981, §50-25-4, enacted by Ga. L. 1990, p. 1566, § 1; Ga. L. 1991, p. 425, § 3; Ga. L. 2000, p. 249, § 10; Ga. L. 2005, p. 117, § 2/HB 312; Ga. L. 2009, p. 133, § 1/HB 436; Ga. L. 2017, p. 467, § 2/SB 117; Ga. L. 2018, p. 629, § 4-3/SB 402.)

The 2017 amendment, effective July 1, 2017, in paragraph (a)(8), inserted "policies and" near the beginning of the first sentence and substituted "Such policies and standards" for "Standards" at the beginning of the second sentence; substituted the present provisions of paragraph (a)(9) for the former provisions, which read: "Reserved"; deleted former paragraph (a)(10), which read: "To set technology policy for all agencies except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor;"; redesignated former paragraphs (a)(11) through (a)(29) as present paragraphs (a)(10) through (a)(28), respectively; substituted "policies, standards, and" for "standards" in paragraph (a)(20); and added paragraph (a)(29).

The 2018 amendment, effective May 7, 2018, deleted "and" at the end of paragraph (a)(30); added paragraph (a)(31); and redesignated former paragraph (a)(31) as present paragraph (a)(32).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2017, a semicolon was substituted for a period at the end of paragraph (a)(29).

Pursuant to Code Section 28-9-5, in 2018, "Chapter 40 of this title" was substituted for "Chapter 39 of this title" at the end of paragraph (a)(31).

OPINIONS OF THE ATTORNEY GENERAL

Agencies under authority of elected official other than Governor may set own technology policy.

- Agencies under the authority, direction, or control of a state-wide elected official other than the Governor may set their own technology policy, but must contract through the Georgia Technology Authority for any technology resource purchase exceeding $100,000. 2001 Op. Att'y Gen. No. 2001-8.


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