Additional Duties and Powers of Board

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Economic Development
  5. General Provisions
  6. Additional Duties and Powers of Board

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The board shall also have the following duties and powers:

  1. To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers of the board enumerated in this article;
  2. To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes;
  3. To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development;
  4. To collect, compile, and publish in print or electronically periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish in print or electronically information relating to current conditions of business, industry, and agriculture in the state;
  5. To compile, publish in print or electronically, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information gathered; and any and all reports made and plans and maps prepared;
  6. To coordinate any of its activities, efforts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies;
  7. To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state;
  8. To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions;
  9. To solicit and receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board;
  10. To authorize the Department of Economic Development in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board;
  11. To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint marketing projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated marketing funds. In connection with such projects, the department may receive supplies, materials, equipment, services, and other personal property and intangible benefits. It may also issue licenses to others for the use of property in its custody or control, including intellectual property and other personal property, but may not become a joint owner. In acquisitions under this paragraph, the department shall be exempt from the provisions of Chapters 5 and 25 of this title. By way of illustration and not limitation, the department may allow the use of its logo in advertising and on uniforms provided by cooperating entities for wear by department employees. The board shall adopt and amend its policies, regulations, rules, and procedures as necessary to implement this provision and shall not be subject to Chapter 13 of this title, the "Georgia Administrative Procedure Act," in doing so. In this paragraph, "marketing" means promotion, advertising, signage, public relations, press relations, branding, and use of a "look"; creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. The department will utilize competitive procedures and the Georgia Registry whenever in its reasonable discretion it is in the best interest of the state to do so. The Georgia Technology Authority will retain its authority over technology but will defer to the department in matters of marketing of economic development and implementation in such overlapping areas as creation of kiosks and web page design and operation. The Department of Administrative Services will retain its authority over purchasing in areas not peculiarly germane to marketing implementation, such as printing and shipping, but will defer to the department in matters of marketing of economic development and implementation in overlapping areas;
  12. To assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authority's duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12;
  13. To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers;
  14. To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency's or authority's statutory functions; and
  15. To promote the deployment of broadband services throughout the state, including, but not limited to, the deployment of broadband services in any facilities and developments designated as a Georgia Broadband Ready Community Site. The board and the Department of Economic Development shall have such additional powers and duties related to the promotion of the deployment of broadband services and other emerging communications technologies provided in Chapter 40 of this title.

(Ga. L. 1949, p. 249, § 15; Ga. L. 1959, p. 262, §§ 16-18; Ga. L. 1962, p. 694, § 8; Ga. L. 1985, p. 428, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 684, § 1; Ga. L. 2004, p. 690, § 32; Ga. L. 2005, p. 306, §§ 2, 3/SB 125; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2018, p. 629, § 4-1/SB 402.)

The 2018 amendment, effective May 7, 2018, deleted "and" at the end of paragraph (13); in paragraph (14), substituted "agency's or authority's" for "agency or authority's" near the end, and substituted "; and" for the period at the end; and added paragraph (15).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "paragraph" was substituted for "subsection" in paragraph (11).

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 (15).

OPINIONS OF THE ATTORNEY GENERAL

Limited assistance to localities.

- While the department is authorized to "coordinate, counsel, and advise" with local governmental agencies as well as other public or private organizations in their promotional and planning activities, the department is unauthorized to spend state funds to assist a county development authority to acquire property for an industrial park. 1974 Op. Att'y Gen. No. 74-11.

Joint advertising effort between the Department of Industry, Trade, and Tourism and a private industry is within the powers conferred upon the department by the General Assembly under O.C.G.A. § 50-7-8, provided that the department receives or has received the appropriate authorization from the Board of Industry, Trade, and Tourism. 1989 Op. Att'y Gen. No. 89-59.

RESEARCH REFERENCES

ALR.

- Applicability of state anti-trust act to interstate transaction, 24 A.L.R. 787.


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