07 HB
214/AP
House
Bill 214 (AS PASSED HOUSE AND SENATE)
By:
Representatives Barnard of the
166th,
Smith of the
70th,
Stephens of the
164th,
Parsons of the
42nd,
Lane of the
158th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 1 of Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to the Recreational Authorities Overview Committee,
so as to remove the Jekyll Island—State Park Authority from the
committee´s review; to amend Part 1 of Article 7 of Chapter 3 of Title 12
of the Official Code of Georgia Annotated, relating to the Jekyll
Island—State Park Authority, so as to provide for a renewal of the
property lease to the authority; to extend the existence of the authority
consistent with such lease renewal; to provide for advisory members of the
authority; to provide for legislative oversight of the authority; to amend
certain provisions relating to the master plan as to Jekyll Island; to clarify
that the authority is exempt from certain taxation; to change certain provisions
relating to Jekyll Island—State Park Authority powers, disposition of
proceeds of sale, creation of reserve fund, and signing conveyances; to change
certain provisions relating to conditions on sale of residential lots and
commercial property, price, and payment into state treasury; to provide for
legislative intent; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
Georgia General Assembly finds that Jekyll Island is home to some of the
state´s most treasured natural and cultural resources and it is the
expressed intent of this body to ensure the preservation of these resources for
the enjoyment of all Georgians now and for future generations to come. For this
reason, the state shall continue its commitment that not less than 65 percent of
the land area of Jekyll Island which lies above water at mean high tide shall
remain undeveloped. Jekyll Island proudly displays one of Georgia´s
largest stretches of barrier island property. It is the expressed intent of
this body that the beach areas of Jekyll Island will remain free and open for
the use of the people of the state. Commercial improvement is intended to
better existing and future development of the remaining 35 percent of Jekyll
Island while retaining public access to the beaches for the pleasure of all of
Georgia´s citizens. The General Assembly further finds that the
deteriorating conditions of public and commercial facilities is of great
interest to the legislature and to the public and that by significantly
extending the existing lease authority for the island´s property, the state
will thereby help to secure and encourage future investments and provide a basis
for long-term revitalization of the island. Jekyll Island is recognized by this
body as "Georgia´s Jewel," and its remarkable beauties are hereby preserved
so that they may continue to shine for all citizens of Georgia.
SECTION
2.
Part
2 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to the Recreational Authorities Overview Committee, is
amended by revising Code Section 12-3-20, relating to creation of the committee
and duty to review designated authorities, as follows:
"12-3-20.
There
is created as a joint committee of the General Assembly the Recreational
Authorities Overview Committee to be composed of three members of the House of
Representatives appointed by the Speaker of the House of Representatives and
three members of the Senate appointed by the President of the Senate. The
members of the committee shall serve two-year terms concurrent with their terms
as members of the General Assembly. The chairperson of the committee shall be
appointed by the Speaker of the House of Representatives from the membership of
the committee, and the vice chairperson of the committee shall be appointed by
the President of the Senate from the membership of the committee. The
chairperson and vice chairperson shall serve terms of two years concurrent with
their terms as members of the General Assembly. Vacancies in an appointed
member´s position or in the offices of chairperson or vice chairperson of
the committee shall be filled for the unexpired term in the same manner as the
original appointment. The committee shall periodically inquire into and review
the operations of the Stone Mountain Memorial Association,
the Jekyll
Island—State Park Authority, the
North Georgia Mountains Authority, and the Lake Lanier Islands Development
Authority and shall periodically review and evaluate the success with which each
of the said authorities is accomplishing its statutory duties and functions as
provided in this chapter."
SECTION
3.
Part
1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to the Jekyll Island—State Park Authority, is amended
by revising Code Section 12-3-232, relating to creation, delegation of powers
and duties, and duration of the authority, as follows:
"12-3-232.
(a)
There is created a body corporate and politic to be known as the Jekyll
Island—State Park Authority, which shall be deemed to be an
instrumentality of the state and a public corporation, and by that name, style,
and title such body may contract and be contracted with, sue and be sued,
implead and be impleaded, and complain and defend in all courts. The authority
may delegate to one or more of its members, or to its officers, agents, and
employees, such powers and duties as it may deem proper. The authority shall
exist for 99 years
and, upon the
expiration thereof, shall exist for an additional 40
years.
(b)
The authority is assigned to the Department of Natural Resources for
administrative purposes only."
SECTION
4.
Said
part is further amended by revising Code Section 12-3-233, relating to
appointment of members to the Jekyll Island—State Park Authority, by
redesignating subsections (d) and (e) as subsections (f) and (g) and inserting
new subsections (d) and (e) as follows:
"(d)
Two advisory members shall be appointed from the membership of the Recreational
Authorities Overview Committee to serve on the authority in an advisory capacity
only without voting privileges. One advisory member shall be appointed by the
Speaker of the House and one advisory member shall be appointed by the President
of the Senate. This subsection shall stand automatically repealed and reserved
on December 31, 2009.
(e)
Membership on the authority does not constitute public office and no member
shall be disqualified from holding public office by reason of his or her
membership."
SECTION
5.
Said
part is further amended by revising Code Section 12-3-234, relating to
accountability of members, as follows:
"12-3-234.
(a)
The members of the authority shall be accountable in all respects as trustees.
The authority shall keep suitable and proper books and records of all receipts,
income, and expenditures of every kind and shall submit for inspection all of
the books, together with a proper statement of the authority´s financial
position, once a year on or about December 31 to the state auditor
and to the
Jekyll Island—State Park Authority Oversight
Committee. The books and records shall be
inspected and audited by the state auditor at least once in each year.
The authority
shall also submit a quarterly summary of each lease and contract agreement
involving an amount in excess of $50,000.00 to the legislative oversight
committee. Upon request, a copy of the lease or contract agreement or other
documents so requested shall be provided to the members of the oversight
committee.
(b)
There is created as a joint committee of the General Assembly the Jekyll
Island—State Park Authority Oversight Committee to be composed of three
members of the House of Representatives appointed by the Speaker of the House,
one of whom shall be from the House Committee on State Institutions and
Property, and three members of the Senate appointed by the President of the
Senate, one of whom shall be from the Senate Committee on State Institutions and
Property. The members of the committee shall serve two-year terms concurrent
with their terms as members of the General Assembly. The chairperson of the
committee shall be appointed by the President of the Senate from the membership
of the committee, and the vice chairperson of the committee shall be appointed
by the Speaker of the House from the membership of the committee during
odd-numbered years. The chairperson of the committee shall be appointed by the
Speaker of the House from the membership of the committee, and the vice
chairperson of the committee shall be appointed by the President of the Senate
from the membership of the committee during even-numbered years. The
chairperson and vice chairperson shall serve terms of one year beginning January
1, 2007. Vacancies in an appointed member´s position or in the offices of
chairperson or vice chairperson of the committee shall be filled for the
unexpired term in the same manner as the original appointment. The committee
shall advise the General Assembly regarding the authority´s compliance with
the provisions required by this part. The committee shall meet upon the call of
the chairperson."
SECTION
6.
Said
part is further amended by revising subsection (a) of Code Section 12-3-241,
relating to the lease to the authority, as follows:
"(a)
To the authority is granted, for and on the part of the State of Georgia, a
lease for a term of 99 years, beginning on February 13, 1950,
to
which term
shall be automatically extended an additional 40 years upon the ending of the
initial term. The lease shall be for all
of that island of the State of Georgia, County of Glynn, being known as Jekyll
Island and the marshes and marsh islands adjacent and adjoining the same owned
by the State of Georgia; being that island of 11,000 acres, more or less, lying
east of the mainland coast of Georgia, County of Glynn, bounded on its easterly
shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick
River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll
River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound,
together with the adjacent and adjoining marshes and marsh islands; which
properties may also be described as all of the lands acquired by the State of
Georgia in a certain condemnation proceeding,
State of Georgia vs.
Jekyll Island Club, Inc., et al., filed
June 6, 1947, in Glynn County Superior Court; which properties may also be
described in all conveyances, conveying any and all parts of Jekyll Island and
the adjacent and adjoining marshes and marsh islands to the State of Georgia,
recorded upon the official deed books of Glynn County as of February 13, 1950,
all and each one of said conveyances being, by reference, expressly incorporated
into this Code section and made in their
entireties,
a part hereof."
SECTION
7.
Said
part is further amended by revising paragraph (2) of subsection (a) of Code
Section 12-3-243, relating to Jekyll Island—State Park Authority powers,
disposition of proceeds of sale, creation of reserve fund, and signing
conveyances, as follows:
"(2)(A)
The authority shall not survey, subdivide, improve, lease, sell, develop, or
otherwise cause a project to be constructed on the 65 percent of the land area
of Jekyll Island which the authority is not empowered to survey, subdivide,
improve, and lease or sell pursuant to paragraph (1) of this subsection;
provided, however, that nothing in this paragraph shall be construed as to
require the removal of any improvement on such land area which was completed on
March 14, 1995.
(B)
That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds
north latitude as such latitude is depicted on the 1993 USGS topographic survey
7.5 minute series quadrangle map shall always be included within the area of
Jekyll Island protected by this paragraph, and the authority shall not enter
into, renew, or extend any agreement or otherwise take any action regarding such
southern portion of the island in violation of this paragraph on or after the
effective date of this subparagraph, except as otherwise provided in this
subparagraph. The removal of any improvement on such southern portion of the
island which was completed prior to the effective date of this subparagraph
shall not be required. Upon the expiration or termination of any lease of a lot
for a single-family residence on such southern portion of the island, the
authority may again lease such lot to the same or another lessee for a
single-family residence or noncommercial purpose or the authority may set aside
the lot for public use; but the lot shall not be further subdivided, and the
authority shall not lease such lot for any multifamily residence or commercial
purpose. Those properties used for the Jekyll Island 4-H center and soccer
complex may continue to be used and improved for the same or similar purposes
under an extension or renewal of an existing lease or under a new lease. This
subparagraph shall not prohibit the construction and use of any public bicycle
trails, public nature trails, or public picnic areas on such southern portion of
the island by the authority. This subparagraph shall not be applied to impair
the obligation of any valid contract entered into prior to the effective date of
this subparagraph."
SECTION
8.
Said
part is further amended by revising Code Section 12-3-243.1, relating to the
master plan as to Jekyll Island, as follows:
"12-3-243.1.
(a)
The authority shall, on or before July 1, 1996, cause to be created a master
plan for the management, preservation, protection, and development of Jekyll
Island. The master plan shall delineate, based upon aerial survey, the present
and permitted future uses of the land area of Jekyll Island which lies above
water at mean high tide and shall designate areas to be managed as
environmentally sensitive, historically sensitive, and active use areas. The
master plan shall also delineate the boundaries of the area or areas delineated
on the master plan as the 65 percent of the land area of Jekyll Island which
lies above water at mean high tide and over which the authority has no power to
improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If
the aerial survey demonstrates that the percentage of undeveloped land on Jekyll
Island is presently less than 65 percent, then no further development of
undeveloped land shall be permitted in the master plan.
(b)
In the creation of the master plan, the authority shall, after preparation of a
preliminary plan, give notice of the existence of the preliminary plan in the
legal organs of Glynn and Fulton counties and in at least two newspapers of
state-wide general circulation not less than 60 days prior to the meeting of the
authority at which the preliminary plan is to be considered for final adoption.
After giving this notice, the authority shall hold a public hearing at a
convenient location on Jekyll Island and receive and consider such oral and
written comments on the preliminary plan as may be presented.
(c)
The authority, in the exercise of its authority to develop, manage, preserve,
and protect Jekyll Island, shall be guided by and shall adhere to the master
plan as the same may from time to time be amended as provided in subsection (d)
of this Code section.
(d)
The authority may, from time to time, amend the master plan but only in
compliance with the following procedure:
(1)
Any proposed amendment to the master plan shall be described in written form
and, if capable of such description, in visual form and presented publicly at a
regular meeting of the authority;
(2)
After the proposed amendment is presented publicly at a regular meeting of the
authority, a brief summary of the proposed amendment shall be advertised in the
legal organs of Glynn and Fulton counties, distributed to the media by news
release, and published in appropriate publications of the authority. Each such
advertisement, news release, and publication shall also contain:
(A)
The time and place of the public hearing on the proposed amendment, which public
hearing shall be held no earlier than 15 days after the latest publication of
the advertisement in the legal organ of Glynn or Fulton County as required by
this paragraph;
(B)
Directions as to the manner of receiving comments from the public regarding the
proposed amendment; and
(C)
The date on which the meeting of the authority at which the proposed amendment
will be considered for approval or rejection, which meeting shall not be held
any sooner than 30 days after the meeting of the authority at which the proposed
amendment was announced pursuant to paragraph (1) of this
subsection;
(3)
The authority shall transmit
three
by certified
mail or personal service copies of the
information required by paragraph (2) of this subsection
and a complete
copy of the proposed amendment to the
Speaker of the
House, President of the Senate, members of the Jekyll Island—State Park
Authority Oversight Committee, and Office
of Legislative Counsel at least
30
60
days prior to the date of the meeting at which the proposed amendment will be
considered.
The Office
of Legislative Counsel shall immediately furnish the presiding officers of each
house with a copy of the information
received. The presiding officers
of each
house, or the Office of Legislative
Counsel if
the
a
presiding officer is unavailable, shall then
assign the
information to the chairperson of the appropriate standing committee in each
house for review and provide copies to any
member of
that
house
the General
Assembly who makes, or has made, a
standing written request;
(4)
In the event
a standing
committee to which the information has been assigned as provided in paragraph
(3) of this subsection
the Jekyll
Island—State Park Authority Oversight
Committee files an objection to a proposed
amendment to the master plan with the chairperson of the authority prior to the
authority´s taking action on the proposed amendment
and the
authority adopts the proposed amendment over the objection, the authority shall
notify the presiding officers of the Senate and House of Representatives, the
chairpersons of the standing committees to which the information was referred,
and the Office of Legislative Counsel within ten days after the adoption of the
amendment to the master
plan, then the
same shall be stayed. Thereafter, by
introduction of a resolution to
override
the amendment
consider the
committee´s objection within the
first 30 days of the next regular session of the General Assembly, the
amendment
objection
may be considered
for
ratification by the
branch of
the General Assembly
whose
committee objected to its adoption.
In the
event the resolution is adopted by the members of the branch of the General
Assembly in which it is introduced, it shall be immediately transferred to the
other branch of the General Assembly, which branch shall consider the resolution
within five days of its being received.
In the event the resolution
to override
the amendment to the master plan is
adopted by a vote of two-thirds of the members of each branch, the amendment to
the master plan shall
be void on
the day after the adoption of the resolution by the second branch of the General
Assembly
not be adopted
by the authority. In the event the
resolution is ratified by a vote of less than two-thirds of the members of
either house, the resolution shall be submitted to the Governor for approval or
veto. In the event the resolution fails to pass both houses or is vetoed by the
Governor, the amendment to the master plan
shall
remain in effect
may be adopted
by the authority and the stay of the committee shall be
lifted. In the event of the
Governor´s approval of the resolution, the amendment to the master plan
shall be
void on the
day after the date of the Governor´s approval of the
resolution
prohibited;
(5)
Any proposed changes to the boundaries of the area or areas delineated on the
master plan as the 65 percent of the land area of Jekyll Island which lies above
water at mean high tide and over which the authority has no power to improve,
lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be
surveyed and marked at least seven days prior to the public hearing required by
paragraph (2) of this subsection in such a fashion as to be readily discernible
on the ground by members of the public; and
(6)
At the meeting of the authority which has been identified in the advertisement
required by paragraph (2) of this subsection as the meeting to consider the
approval or rejection of the proposed amendment, the authority shall consider in
an open and public meeting the proposed amendment to the master plan which, if
approved, shall become a part of the master plan, subject, however, to the
provisions of paragraph (4) of this subsection."
SECTION
9.
Said
part is further amended by revising subsections (a), (b), and (c) and adding a
new subsection (c.1) in Code Section 12-3-247, relating to conditions on sale of
residential lots and commercial property, price, and payment into state
treasury, as follows:
"(a)
The authority shall
sell only
those residential lots which have theretofore been leased by
it
not sell any
residential lot unless obligated to do so under the terms of a valid lease
agreement entered into prior to the effective date of this Code
section, and such a sale shall be made
only to the person who shall hold such lease, his
or
her assignee, or assigns. No conveyance
of the fee simple title to any residential lot shall be made until the lessee of
such lot has performed all the obligations regarding the improvement and
erection of structures on the lot as are imposed by the lease.
(b)
The authority shall
sell
no
not sell
any commercial property on which
improvements were erected prior to March 1,
1957, but
the authority may sell other commercial
property; and
the authority shall not sell any other commercial property unless obligated to
do so under the terms of a valid lease agreement entered into prior to the
effective date of this Code section, in which event the commercial property may
be sold in the same manner as provided by
this part for the sale of
leased
residential lots.
Alternatively,
if such commercial property has not previously been leased, it may be sold
directly by the authority, provided that the deeds for such direct sales must
provide that unless all obligations contained in the conveyance as to
improvements and erection of structures on such property are fulfilled, the
property shall revert to the authority and the state, as their interest may
appear.
(c)
All sales of residential lots and commercial
property,
except for direct sales of commercial property provided in this Code
section, shall be made at the conversion
price set by the authority in accordance with Code Section 12-3-250, provided
that any person who purchases any residential lot sold by the authority shall be
entitled to credit on the purchase price to the extent of all payments made by
him or his assignors or predecessors in interest on such lease, provided that
such credit shall not exceed the purchase price of such lot. If such credit
shall equal the purchase price for such lot, the lessee shall be entitled to a
conveyance of the fee simple title to such lot, and the authority shall
thereupon pay into the state treasury an amount equal to the value of the
state´s interest in such property as determined as provided in Code Section
12-3-249. The authority shall establish proper reserves to ensure that funds
will be available for such purpose.
(c.1)
On and after the effective date of this Code section, the authority shall not
enter into, extend, or renew any agreement providing for the sale of any
residential or commercial lot on Jekyll Island, and Code Section 12-3-250 shall
not apply to any new, extended, or renewed
agreement."
SECTION
10.
Said
part is further amended by revising Code Section 12-3-274, relating to the
exemption from taxation of authority property, activities, income, and bonds, as
follows:
"12-3-274.
"12-3-274.
It
is found, determined, and declared that the creation of the authority and the
carrying out of its corporate purpose are in all respects for the benefit of the
people of this state and constitute a public purpose and that the authority will
be performing an essential governmental function in the exercise of the power
conferred upon it by this part. This state covenants with the holders of the
bonds that the authority shall be required to pay no taxes or assessments upon
any of the property acquired or leased by it, or under its jurisdiction,
control, possession, or supervision, or upon its activities in the operation or
maintenance of the buildings erected or acquired by it, or upon any fees,
rentals, or other charges received by the authority for the use of such
buildings, or upon other income received by the authority
and that the
authority shall be exempt from all sales and use
taxes. Further, this state covenants that
the bonds of the authority, their transfer, and the income therefrom shall at
all times be exempt from
all
taxation within the state."
SECTION
11.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
12.
All
laws and parts of laws in conflict with this Act are repealed.