GA Code § 6-5-4 (2021)
2021 Georgia Code|Title 6 - Aviation|Chapter 5 - Georgia Aviation Authority|§ 6-5-4. Purpose of the Authority; Powers; Support; Annual Audits

      The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft.   This Code section shall not diminish those powers and duties of the Department of Natural Resources under Code Section 12-2-11, the State Forestry Commission under Code Section 12-6-22.1, or the Department of Public Safety under Code Section 35-2-140.       All aircraft previously transferred to the authority by the Department of Public Safety and associated parts and equipment and a percentage of the budgeted operating funds associated with such aircraft shall be transferred on September 1, 2011, back to the custody and control of the Department of Public Safety; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense.   All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the Department of Natural Resources and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Natural Resources.   All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the State Forestry Commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the State Forestry Commission.   For purposes of aerial aviation photography, the King Air 90 aircraft that was specially equipped and adapted to perform essential aerial photography under the custody and control of the authority as of June 30, 2012, which was previously transferred to the authority by the Department of Transportation, and associated parts and equipment specific to that aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Transportation. The Department of Transportation shall have the authority to own, operate, maintain, and dispose of aircraft to support the aerial photography mission needs of the department.     On and after July 1, 2009, or a later date determined by the Governor, no entity of state government shall acquire, lease, or charter any aircraft other than through the authority.     Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," may remain in the employment of the employing agency but shall be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3.   The provisions of subparagraph (A) of this paragraph notwithstanding:   Those persons who are employed by the Department of Public Safety who are assigned for administrative purposes only to the authority shall be transferred back to the Department of Public Safety on September 1, 2011, and shall no longer be under the administration or direction of the authority;   Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012, and shall no longer be under the administration or direction of the authority; and   Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012, and shall no longer be under the administration or direction of the authority.           All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority.   The provisions of division (i) of this subparagraph notwithstanding:     All airfields and appurtenances, including hangars, previously transferred by the Department of Public Safety to the authority shall be transferred back to the Department of Public Safety on September 1, 2011;   All airfields and appurtenances, including hangars, previously transferred by the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012; and   All airfields and appurtenances, including hangars, previously transferred by the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012.   The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority.       The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets.   This paragraph shall not apply to state aircraft assigned to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission.       In the furtherance of its purpose, the authority shall have the power to:   Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;   Purchase, maintain, develop, and modify facilities to support aviation assets and operations;   Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards;   Develop an accountability system for state aviation operations and activities;   Identify the costs associated with the training, education, and purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities; develop an appropriate billing structure; and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency;   Retain appropriate external consulting and auditing expertise;   Engage aviation industry representatives to ensure best practices for state aviation assets;   Delegate certain powers pursuant to this chapter to other state entities; and   Otherwise implement appropriate and efficient management practices for state aviation operations.       The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations when requested.     No state entity other than the authority shall be authorized without the approval of the authority to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft.   This paragraph shall not apply to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission.       The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013.   On September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions.     (Code 1981, §6-5-4, enacted by Ga. L. 2009, p. 848, § 1/SB 85; Ga. L. 2011, p. 409, § 2/HB 414; Ga. L. 2012, p. 1082, § 1/SB 339.)    The 2011 amendment,  effective May 11, 2011, in subsection (a), inserted ", except those aviation assets of the Department of Public Safety" in the first sentence, rewrote the second sentence, which read: "All aircraft owned or operated as of July 1, 2009, or a later date determined by the Governor, by any other entity of state government shall be transferred on that date to the custody and control of the authority; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense.", inserted ", other than the Department of Public Safety," in the third sentence, substituted "may remain in the employment" for "shall remain in the employment" in the fourth sentence, and added the provisos in the fourth and fifth sentences; in subsection (c), added "when requested" at the end of the first sentence, and inserted "and the Department of Public Safety" in the last sentence; and added subsection (e).    The 2012 amendment,  effective July 1, 2012, rewrote this Code section.   Cross references.   - State aviation operations, § 35-2-140.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2012, "Code Section 12-6-22.1" was substituted for "Code Section 12-6-25" in subparagraph (a)(1)(B); a period was added at the end of subparagraph (a)(4)(A); a semicolon was substituted for a period at the end of division (a)(4)(B)(i) and subdivision (a)(5)(A)(ii)(I); and "; and" was substituted for a period at the end of division (a)(4)(B)(ii) and subdivision (a)(5)(A)(ii)(II).   OPINIONS OF THE ATTORNEY GENERAL    Primary purpose of the Georgia Aviation Authority (GAA) as mandated by the General Assembly is to operate and maintain the state's aviation assets and "to provide aviation services and oversight of state aircraft and aviation operations." Neither subsection (a) nor subsection (b) of O.C.G.A. § 6-5-4, which describes the powers of the GAA, grants the GAA the authority to exercise general law enforcement powers. Although the GAA provides valuable assistance to various agencies with law enforcement responsibility, that does not make the authority a de facto law enforcement agency in and of itself. 2011 Op. Att'y Gen. No. 11-3.