hb214_LC_35_0382_a_2.html
07 LC 35 0382
House Bill 214
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


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 legislative oversight of the authority; 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 to the preservation of 65 percent of the land area of the island which shall remain undeveloped. Jekyll Island proudly exhibits one of Georgia´s largest stretches of undeveloped beach front property and it is the expressed intent of this body that the undeveloped beaches of Jekyll Island be preserved in their natural beauty without further encumbrances or commercial growth. Commercial improvement is intended to better existing development 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 simple beauties are hereby preserved so that they may continue to shine for the common citizens of Georgia.

SECTION 2.
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 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 99 years.
(b) The authority is assigned to the Department of Natural Resources for administrative purposes only."

SECTION 3.
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 summary of each proposed lease agreement to the legislative oversight committee not later than ten days prior to entering into such agreement. Upon request, a copy of the lease 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 Senate Committee on Assignments, 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 Senate Committee on Assignments 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 Senate Committee on Assignments 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 4.
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 99 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 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.