O.C.G.A.
O.C.G.A.

O.C.G.A. § 20-13-5 (2019)

Functions; responsibilities

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The Georgia Public Telecommunications Commission is declared to be a public charitable organization created, designed, and intended for the purpose of providing educational, instructional, and public broadcasting services to the citizens of the State of Georgia and making available those services to the citizens of the several states as deemed necessary and feasible. (b) The commission is authorized to accept and utilize gifts, contributions of money, property, facilities, services, donations, bequests, and appropriations from the State of Georgia or any agency, instrumentality, or political subdivision thereof; or from any individual or corporation; or from the United States of America or any agency or instrumentality thereof. (c) Subject to appropriations by the General Assembly, the commission will provide for the public broadcasting and other transmission of

educational, instructional, and continuing educational programs and telecourses to the various schools and citizens of the State of Georgia. (d) Upon the submission of its budget request in accordance with the budget submission provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the ‘‘Budget Act,’’ the commission may receive each year a grant appropriated to the board of regents for commission personnel and operating expenses. The commission shall submit a budget request consistent with the process used by other state agencies and commissions. This shall be submitted as a separate budget request through the board of regents as provided for in Code Section 50-4-3. (e) The members of the commission shall be accountable in all respects as trustees. The commission shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit annually to the state auditor or his designated agent for inspection all of the books together with the proper statement of the commission’s financial position at the close of its fiscal year. (f ) The Department of Law shall provide legal services to the commission in the same manner as legal services are provided to state departments under Article 2 of Chapter 15 of Title 45; and the provisions of Code Sections 45-15-13 through 45-15-16, relating to provision of legal services to state authorities, shall not apply with respect to provision of legal services to the commission.

History

(Code 1981, § 20-13-5, enacted by Ga. L. 1990, p. 594, § 1.)

Annotations

JUDICIAL DECISIONS Excluding minority candidate from political debate not unconstitutional. - Commission’s decision to air a debate between Democratic and Republican candidates for Governor, while excluding a Libertarian candidate, was not viewpoint restrictive and did not lack a rational

basis, and therefore did not violate the First Amendment or the equal protection clause of the Fourteenth Amendment. Chandler v. Georgia Pub. Telecommunications Comm’n, 917 F.2d 486 (11th Cir. 1990), cert. denied, 502 U.S. 816, 112 S. Ct. 71, 116 L. Ed. 2d 45 (1991).

Notes of Decisions
Cited in 2 cases, 1990–1990 · leading case: Chandler v. Georgia Pub. Telecomm. Comm'n, 749 F. Supp. 264 (N.D. Ga. 1990).
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Chandler v. Georgia Pub. Telecomm. Comm'n, 749 F. Supp. 264 (N.D. Ga. 1990). · cites it 2× “” O.C.G.A. § 20-13-5(a) (Supp.1990). The broadcasting services provided by GPTC have traditionally presented educational and instruction programming of the type that is often neither newsworthy nor popular.”
Chandler v. Georgia Pub. Telecomm. Comm'n, 917 F.2d 486 (11th Cir. 1990). “” O.C.G.A. § 20-13-5(a) (Supp.1990). Further, as a public television station, GPTC is under an obligation to serve the public interest.”
— 20-13-5(a) — 2 cases
Chandler v. Georgia Pub. Telecomm. Comm'n, 749 F. Supp. 264 (N.D. Ga. 1990). “” O.C.G.A. § 20-13-5(a) (Supp.1990). The broadcasting services provided by GPTC have traditionally presented educational and instruction programming of the type that is often neither newsworthy nor popular.”
Chandler v. Georgia Pub. Telecomm. Comm'n, 917 F.2d 486 (11th Cir. 1990). “” O.C.G.A. § 20-13-5(a) (Supp.1990). Further, as a public television station, GPTC is under an obligation to serve the public interest.”
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