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2018 Georgia Code 52-2-5 | Car Wreck Lawyer

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 2. Georgia Ports Authority, 52-2-1 through 52-2-39.

ARTICLE 2 RIGHT OF PASSAGE

52-2-5. Composition of authority; appointment, terms, and qualifications of members generally; filling of vacancies; election of chairperson, vice chairperson, and secretary-treasurer; quorum.

  1. The authority shall consist of 12 members to be appointed by the Governor from the state at large.
  2. The nine members of the authority in office immediately prior to May 1, 2000, shall serve out the remainder of the terms for which they were appointed, all of such terms expiring on June 30 of the year of expiration. In addition to said nine members, the Governor shall appoint three members for terms to expire June 30, 2004. The director of the Office of Planning and Budget or his or her designee as approved by the Governor shall serve as an ex officio member of the authority.
  3. Successors to the members referred to in subsection (b) of this Code section and future successors shall each be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Any member of the authority shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term.
  4. The authority shall elect one of its members as chairperson and another member as vice chairperson and shall also elect a secretary-treasurer who shall not necessarily be a member of the authority.
  5. Seven members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(Ga. L. 1945, p. 464, § 2; Ga. L. 1955, p. 120, § 1; Ga. L. 1966, p. 457, § 1; Ga. L. 1973, p. 945, § 1; Ga. L. 1992, p. 1014, § 1; Ga. L. 2000, p. 1588, § 1; Ga. L. 2001, p. 4, § 52.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "May 1, 2000," was substituted for "the effective date of this Act" in the first sentence of subsection (b).

RESEARCH REFERENCES

C.J.S.

- 80 C.J.S., Shipping, §§ 18, 19.

Cases Citing O.C.G.A. § 52-2-5

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hines v. Georgia Ports Auth., 604 S.E.2d 189 (Ga. 2004).

Cited 14 times | Published | Supreme Court of Georgia | Oct 12, 2004 | 278 Ga. 631

...identity); Wojcik v. Mass. State Lottery Commission, 300 F.3d 92, 100 (1st Cir.2002) (fact that commission is not separately incorporated, but is division of state agency supports finding that it is arm of the state). [35] OCGA § 52-2-37. [36] OCGA § 52-2-5....
...a sign of sovereignty). [39] Pendergrass v. Greater New Orleans Express-way Commission, 144 F.3d 342, 347 (5th Cir. 1998) (noting state control less when governor's appointments serve for fixed terms rather than at governor's pleasure). [40] OCGA §§ 52-2-5(d); 52-2-7....
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Ga. Ports Auth. v. Lawyer, 821 S.E.2d 22 (Ga. 2018).

Cited 12 times | Published | Supreme Court of Georgia | Nov 1, 2018 | 304 Ga. 667

...726, 730 (13) (a), 434 S.E.2d 791 (1993). (b) The Extent to which the State Controls the Ports Authority The record shows that the State has significant control over the Ports Authority, both in a formal sense and in practice. The Governor appoints all members of the Ports Authority board, see OCGA § 52-2-5 (a), and the director of the Office of Planning and Budget (or some **680other designee of the Governor) sits on the board ex officio. See OCGA § 52-2-5 (b)....
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Georgia Ports Auth. v. Lawyer, 304 Ga. 667 (Ga. 2018).

Published | Supreme Court of Georgia | Nov 1, 2018

...726, 730 (13) (a) (434 SE2d 791) (1993). (b) The Extent to Which the State Controls the Ports Authority The record shows that the State has significant control over the Ports Authority, both in a formal sense and in practice. The Governor appoints all members of the Ports Authority board, see OCGA § 52-2-5 (a), and the director of the Office of Planning and Budget (or some other designee of the Governor) sits on the board ex officio. See OCGA § 52-2-5 (b)....