GA Code § 20-3-73.3 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 3 - Postsecondary Education|Article 2 - Board of Regents and University System|Part 2 - University System|§ 20-3-73.3. Georgia Southern University Herty Advanced Materials Development Center

  The General Assembly, in recognition of the outstanding and patriotic services and accomplishments of a native Georgian, the Honorable Dr. Charles H. Herty, in the pulp and paper experimental work which he conducted at Savannah, and desirous not only of continuing this great work but of broadening this work, does by this Code section register its enthusiastic appreciation of the services of Dr. Herty and the benefits of the experiments which he made.   The Georgia Southern University Herty Advanced Materials Development Center, created by Act of the General Assembly and formerly known successively as the Herty Foundation and the Herty Advanced Materials Development Center, is hereby continued to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials of all types that serve to enhance the economy of the State of Georgia. The Georgia Southern University Herty Advanced Materials Development Center shall be governed as provided by this Code section.   The board of trustees of the former Herty Advanced Materials Development Center provided under former provisions of Part 5 of Article 1 of Chapter 6 of Title 12, as such existed on June 30, 2012, shall be abolished as of July 1, 2012. On and after July 1, 2012, the Board of Regents of the University System of Georgia shall be the successor to and a continuation of the former board of trustees of the center and shall continue the mission of the center.   The change of the name and governance of the center and its continuation, as provided in this Code section, shall in no way affect any existing obligations, liabilities, or rights of the center or the trustees thereof acting in their official capacities, as such existed on June 30, 2012. All such obligations, liabilities, and rights are transferred to, vested in, and assumed by the board of regents. All existing contracts and agreements between any party and the center or the trustees thereof acting in their official capacities shall not be affected by this Code section but shall continue in full force and effect, without interruption, as contracts or agreements of the board of regents.   All right, title, interest, and ownership of all assets, including all real estate, of the center and the trustees thereof acting in their official capacities are transferred to and vested in the board of regents.     (Ga. L. 1937-38, Ex. Sess., p. 191, §§ 1, 2, 3; Ga. L. 1972, p. 1015, § 1526; Ga. L. 1978, p. 2055, § 1; Code 1981, §§12-6-130,12-6-131; Ga. L. 1986, p. 362, § 1; Ga. L. 2006, p. 304, § 1/HB 1184; Code 1981, §20-3-73.3, as redesignated by Ga. L. 2012, p. 375, § 1/SB 396; Ga. L. 2019, p. 919, § 6-1/HB 553.)    The 2019 amendment,  effective July 1, 2019, deleted former subsection (f), which read: "There shall be an advisory board for the center, to consist of three persons appointed by the Governor and two persons appointed by the president of Georgia Southern University. Each member of the board shall serve at the pleasure of the appointing authority. Members of the board shall serve without compensation. The purpose of the board shall be to offer advice regarding the operations of the center to the board of regents or its designee."   Cross references.   - Effect of assignment for administrative purposes, § 50-4-3.   OPINIONS OF THE ATTORNEY GENERAL    Herty Foundation (now Herty Advanced Materials Development Center) is a public corporation,  created for performing a governmental function, and whose financial affairs are to be subject to inspection by the State Auditor. 1954-56 Op. Att'y Gen. p. 347.