Title 12, Chapter 10, Section 20
( 12-10-20)
The Southern Growth Policies Agreement is enacted into law and
entered into by the State of Georgia with any and all states legally
joining therein in accordance with its terms. The agreement is
substantially as follows: "SOUTHERN GROWTH POLICIES AGREEMENT
Article I. Findings and Purposes. (a) The party states find that the South has a sense of community
based on common social, cultural and economic needs and fostered by
a regional tradition. There are vast potentialities for mutual
improvement of each state in the region by cooperative planning for
the development, conservation and efficient utilization of human and
natural resources in a geographic area large enough to afford a high
degree of flexibility in identifying and taking maximum advantage of
opportunities for healthy and beneficial growth. The independence of
each state and the special needs of subregions are recognized and
are to be safeguarded. Accordingly, the cooperation resulting from
this Agreement is intended to assist the states in meeting their own
problems by enhancing their abilities to recognize and analyze
regional opportunities and take account of regional influences in
planning and implementing their public policies. (b) The purposes of this Agreement are to provide: 1. Improved facilities and procedures for study, analysis and
planning of governmental policies, programs and activities of
regional significance. 2. Assistance in the prevention of interstate conflicts and the
promotion of regional cooperation. 3. Mechanisms for the coordination of state and local interests on
a regional basis. 4. An agency to assist the states in accomplishing the foregoing. Article II. The Board. (a) There is hereby created the Southern Growth Policies Board,
hereinafter called 'the Board.' (b) The Board shall consist of five members from each party state,
as follows: 1. The Governor. 2. Two members of the State Legislature, one appointed by the
presiding officer of each house of the Legislature or in such
other manner as the Legislature may provide. 3. Two residents of the state who shall be appointed by the
Governor to serve at his pleasure. (c) In making appointments pursuant to paragraph (b) 3, a Governor
shall, to the greatest extent practicable, select persons who, along
with the other members serving pursuant to paragraph (b), will make
the state's representation on the Board broadly representative of
the several socio-economic elements within this state. (d) 1. A Governor may be represented by an alternate with power to
act in his place and stead, if notice of the designation of such
alternate is given to the Board in such manner as its Bylaws may
provide. 2. A legislative member of the Board may be represented by an
alternate with power to act in his place and stead, unless the
laws of his state prohibit such representation and if notice of
the designation of such alternate is given to the Board in such
manner as its Bylaws may provide. An alternate for a legislative
member of the Board shall be selected by the member from among the
members of the legislative house in which he serves. 3. A member of the Board serving pursuant to paragraph (b) 3 of
this Article may be represented by another resident of his state
who may participate in his place and stead, except that he shall
not vote: provided that notice of the identity and designation of
the representative selected by the member is given to the Board in
such manner as its Bylaws may provide. Article III. Powers. (a) The Board shall prepare and keep current a Statement of Regional
Objectives, including recommended approaches to regional problems.
The Statement may also identify projects deemed by the Board to be
of regional significance. The Statement shall be available in its
initial form two years from the effective date of this Agreement and
shall be amended or revised no less frequently than once every six
years. The Statement shall be in such detail as the Board may
prescribe. Amendments, revisions, supplements or evaluations may be
transmitted at any time. An annual Commentary on the Statement shall
be submitted at a regular time to be determined by the Board. (b) In addition to powers conferred on the Board elsewhere in this
Agreement, the Board shall have the power to make or commission
studies, investigations and recommendations with respect to: 1. The planning and programming of projects of interstate or
regional significance. 2. Planning and scheduling of governmental services and programs
which would be of assistance to the orderly growth and prosperity
of the region, and to the well-being of its population. 3. Effective utilization of such federal assistance as may be
available on a regional basis or as may have an interstate or
regional impact. 4. Measures for influencing population distribution, land use,
development of new communities and redevelopment of existing ones. 5. Transportation patterns and systems of interstate and regional
significance. 6. Improved utilization of human and natural resources for the
advancement of the region as a whole. 7. Any other matters of a planning, data collection or
informational character that the Board may determine to be of
value to the party states. Article IV. Avoidance of Duplication. (a) To avoid duplication of effort and in the interest of economy,
the Board shall make use of existing studies, surveys, plans and
data and other materials in the possession of the governmental
agencies of the party states and their respective subdivisions or in
the possession of other interstate agencies. Each such agency,
within available appropriations and if not expressly prevented or
limited by law, is hereby authorized to make such materials
available to the Board and to otherwise assist it in the performance
of its functions. At the request of the Board, each such agency is
further authorized to provide information regarding plans and
programs affecting the region, or any subarea thereof, so that the
Board may have available to it current information with respect
thereto. (b) The Board shall use qualified public and private agencies to
make investigations and conduct research, but if it is unable to
secure the undertaking of such investigations or original research
by a qualified public or private agency, it shall have the power to
make its own investigation and conduct its own research. The Board
may make contracts with any public or private agencies or private
persons or entities for the undertaking of such investigations or
original research within its purview. (c) In general, the policy of paragraph (b) of this Article shall
apply to the activities of the Board relating to its Statement of
Regional Objectives, but nothing herein shall be construed to
require the Board to rely on the services of other persons or
agencies in developing the Statement of Regional Objectives or any
amendment, supplement or revision thereof. Article V. Advisory Committee. The Board shall establish a Local Governments Advisory Committee. In
addition, the Board may establish advisory committees representative
of subregions of the South, civic and community interests, industry,
agriculture, labor or other categories or any combinations thereof.
Unless the laws of a party state contain a contrary requirement, any
public official of the party state or a subdivision thereof may
serve on an advisory committee established pursuant hereto and such
service may be considered as a duty of his regular office or
employment. Article VI. Internal Management of the Board. (a) The members of the Board shall be entitled to one vote each. No
action of the Board shall be binding unless taken at a meeting at
which a majority of the total number of votes on the Board are cast
in favor thereof. Action of the Board shall be only at a meeting at
which a majority of the members or their alternates are present. The
Board shall meet at least once a year. In its Bylaws, and subject to
such directions and limitations as may be contained therein, the
Board may delegate the exercise of any of its powers relating to
internal administration and management to an Executive Committee or
the Executive Director. In no event shall any such delegation
include final approval of:
1. A budget or appropriation request. 2. The Statement of Regional Objectives or any amendment,
supplement or revision thereof. 3. Official comments on or recommendations with respect to
projects of interstate or regional significance. 4. The annual report. (b) To assist in the expeditious conduct of its business when the
full Board is not meeting, the Board shall elect an Executive
Committee of not to exceed twenty-three members, including at least
one member from each party state. The Executive Committee, subject
to the provisions of this Agreement and consistent with the policies
of the Board, shall be constituted and function as provided in the
Bylaws of the Board. One half of the membership of the Executive
Committee shall consist of Governors, and the remainder shall
consist of other members of the Board, except that at any time when
there is an odd number of members on the Executive Committee, the
number of Governors shall be one less than half of the total
membership. The members of the Executive Committee shall serve for
terms of two years, except that members elected to the first
Executive Committee shall be elected as follows: one less than half
of the membership for two years and the remainder for one year. The
Chairman, Chairman-Elect, Vice Chairman and Treasurer of the Board
shall be members of the Executive Committee and anything in this
paragraph to the contrary notwithstanding shall serve during their
continuance in these offices. Vacancies in the Executive Committee
shall not affect its authority to act, but the Board at its next
regularly ensuing meeting following the occurrence of any vacancy
shall fill it for the unexpired term. (c) The Board shall have a seal. (d) The Board shall elect, from among its members, a Chairman, a
Chairman-Elect, a Vice Chairman and a Treasurer. Elections shall be
annual. The Chairman-Elect shall succeed to the office of Chairman
for the year following his service as Chairman-Elect. For purposes
of the election and service of officers of the Board, the year shall
be deemed to commence at the conclusion of the annual meeting of the
Board and terminate at the conclusion of the next annual meeting
thereof. The Board shall provide for the appointment of an Executive
Director. Such Executive Director shall serve at the pleasure of the
Board, and together with the Treasurer and such other personnel as
the Board may deem appropriate shall be bonded in such amounts as
the Board shall determine. The Executive Director shall be
Secretary. (e) The Executive Director, subject to the policy set forth in this
Agreement and any applicable directions given by the Board, may make
contracts on behalf of the Board. (f) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the Executive Director,
subject to the approval of the Board, shall appoint, remove or
discharge such personnel as may be necessary for the performance of
the functions of the Board, and shall fix the duties and
compensation of such personnel. The Board in its Bylaws shall
provide for the personnel policies and programs of the Board.
(g) The Board may borrow, accept or contract for the services of
personnel from any party jurisdiction, the United States, or any
subdivision or agency of the aforementioned governments, or from any
agency of two or more of the party jurisdictions or their
subdivisions. (h) The Board may accept for any of its purposes and functions under
this Agreement any and all donations, and grants of money,
equipment, supplies, materials and services, conditional or
otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of
the same. Any donation or grant accepted by the Board pursuant to
this paragraph or services borrowed pursuant to paragraph (g) of
this Article shall be reported in the annual report of the Board.
Such report shall include the nature, amount and conditions, if any,
of the donation, grant, or services borrowed, and the identity of
the donor or lender. (i) The Board may establish and maintain such facilities as may be
necessary for the transacting of its business. The Board may
acquire, hold, and convey real and personal property and any
interest therein. (j) The Board shall adopt Bylaws for the conduct of its business and
shall have the power to amend and rescind these Bylaws. The Board
shall publish its Bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states. (k) The Board annually shall make to the Governor and Legislature of
each party state a report covering the activities of the Board for
the preceding year. The Board at any time may make such additional
reports and transmit such studies as it may deem desirable. (l) The Board may do any other or additional things appropriate to
implement powers conferred upon it by this Agreement. Article VII. Finance. (a) The Board shall advise the Governor or designated officer or
officers of each party state of its budget of estimated expenditures
for such period as may be required by the laws of that party state.
Each of the Board's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated
by each of the party states. (b) The total amount of appropriation requests under any budget
shall be apportioned among the party states. Such apportionment
shall be in accordance with the following formula: 1. One-third in equal shares, 2. One-third in the proportion that the population of a party
state bears to the population of all party states, and, 3. One-third in the proportion that the per capita income in a
party state bears to the per capita income in all party states. In implementing this formula, the Board shall employ the most recent
authoritative sources of information and shall specify the sources
used. (c) The Board shall not pledge the credit of any party state. The
Board may meet any of its obligations in whole or in part with funds
available to it pursuant to Article VI (h) of this Agreement,
provided that the Board takes specific action setting aside such
funds prior to incurring an obligation to be met in whole or in part
in such manner. Except where the Board makes use of funds available
to it pursuant to Article VI (h), or borrows pursuant to this
Article, the Board shall not incur any obligation prior to the
allotment of funds by the party states adequate to meet the same.
The Board may borrow against anticipated revenues for terms not to
exceed two years, but in any such event the credit pledged shall be
that of the Board and not of a party state. (d) The Board shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Board shall be
subject to the audit and accounting procedures established by its
Bylaws. However, all receipts and disbursements of funds handled by
the Board shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and
become part of the annual report of the Board. (e) The accounts of the Board shall be open at any reasonable time
for inspection by duly constituted officers of the party states and
by any persons authorized by the Board. (f) Nothing contained herein shall be construed to prevent Board
compliance with laws relating to audit or inspection of accounts by
or on behalf of any government contributing to the support of the
Board. Article VIII. Cooperation With the Federal
Government and Other Governmental Entities. Each party state is hereby authorized to participate in cooperative
or joint planning undertakings with the Federal Government, and any
appropriate agency or agencies thereof, or with any interstate
agency or agencies. Such participation shall be at the instance of
the Governor or in such manner as state law may provide or
authorize. The Board may facilitate the work of state
representatives in any joint interstate or cooperative federal-state
undertaking authorized by this Article, and each such state shall
keep the Board advised of its activities in respect of such
undertakings, to the extent that they have interstate or regional
significance. Article IX. Subregional Activities. The Board may undertake studies or investigations centering on the
problems of one or more selected subareas within the region:
provided that in its judgment, such studies or investigations will
have value as demonstrations for similar or other areas within the
region. If a study or investigation that would be of primary benefit
to a given state, unit of local government, or intrastate or
interstate area is proposed, and if the Board finds that it is not
justified in undertaking the work for its regional value as a
demonstration, the Board may undertake the study or investigation as
a special project. In any such event, it shall be a condition
precedent that satisfactory financing and personnel arrangements be
concluded to assure that the party or parties benefited bear all
costs which the Board determines that it would be inequitable for it
to assume. Prior to undertaking any study or investigation pursuant
to this Article as a special project, the Board shall make
reasonable efforts to secure the undertaking of the work by another
responsible public or private entity in accordance with the policy
set forth in Article IV (b). Article X. Comprehensive Land Use Planning. If any two or more contiguous party states desire to prepare a
single or consolidated comprehensive land use plan, or a land use
plan for any interstate area lying partly within each such state,
the Governors of the states involved may designate the Board as
their joint agency for the purpose. The Board shall accept such
designation and carry out such responsibility: provided that the
states involved make arrangements satisfactory to the Board to
reimburse it or otherwise provide the resources with which the land
use plan is to be prepared. Nothing contained in this Article shall
be construed to deny the availability for use in the preparation of
any such plan of data and information already in the possession of
the Board or to require payment on account of the use thereof in
addition to payments otherwise required to be made pursuant to other
provisions of this Agreement. Article XI. Compacts and Agencies Unaffected. Nothing in this Agreement shall be construed to: 1. Affect the powers or jurisdiction of any agency of a party
state or any subdivision thereof. 2. Affect the rights or obligations of any governmental units,
agencies or officials, or of any private persons or entities
conferred or imposed by any interstate or interstate-federal
compacts to which any one or more states participating herein are
parties. 3. Impinge on the jurisdiction of any existing interstate-federal
mechanism for regional planning or development. Article XII. Eligible Parties; Entry
Into and Withdrawal. (a) This Agreement shall have as eligible parties the states of
Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana,
Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South
Carolina, Tennessee, Texas, Virginia, West Virginia, the
Commonwealth of Puerto Rico, and the Territory of the Virgin
Islands, hereinafter referred to as party states. (b) Any eligible state may enter into this Agreement and it shall
become binding thereon when it has adopted the same: provided that
in order to enter into initial effect, adoption by at least five
states shall be required. (c) Adoption of the Agreement may be either by enactment thereof or
by adherence thereto by the Governor; provided that in the absence
of enactment, adherence by the Governor shall be sufficient to make
his state a party only until December 31, 1973. During any period
when a state is participating in this Agreement through
gubernatorial action, the Governor may provide to the Board an
equitable share of the financial support of the Board from any
source available to him. Nothing in this paragraph shall be
construed to require a Governor to take action contrary to the
constitution or laws of his state. (d) Except for a withdrawal effective on December 31, 1973, in
accordance with paragraph (c) of this Article, any party state may
withdraw from this Agreement by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year after
the Governor of the withdrawing state has given notice in writing of
the withdrawal to the Governors of all other party states. No
withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal. Article XIII. Construction and Severability. This Agreement shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this Agreement shall be
severable and if any phrase, clause, sentence or provision of this
Agreement is declared to be contrary to the constitution of any
state or of the United States, or the application thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this Agreement and the applicability
thereof to any government, agency, person or circumstance shall not
be affected thereby. If this Agreement shall be held contrary to the
constitution of any state participating therein, the Agreement shall
remain in full force and effect as to the state affected as to all
severable matters." |