07 HB214/SCSFA/1
SENATE
SUBSTITUTE TO HB 214
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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 advisory members of the authority; to clarify that the authority is exempt
from certain taxation; to change certain provisions relating to terms of leases,
assignment, preservation, continuance, and survival of rights and privileges;
to place certain restrictions on leases; 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 creation, contents of a master plan as to Jekyll Island,
notice and hearing on a preliminary plan, adherence to plan, and amendments; 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
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 30
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 12-3-233, 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
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 30 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
4A.
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 and no other 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 or nature trails 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
4AAA.
Said
part is further amended in Code Section 12-3-243.1, relating to creation,
contents of a master plan as to Jekyll Island, notice and hearing on a
preliminary plan, adherence to plan, and amendments, by revising paragraph (4)
of subsection (d) as follows:
"(4)
In the event a standing committee to which the information has been assigned as
provided in paragraph (3) of this subsection 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;"
SECTION
4B.
Said
part is further amended by revising Code Section 12-3-245, relating to terms of
leases, assignment, preservation, continuance, and survival of rights and
privileges, as follows:
"12-3-245.
(a)
The leasing of the subdivided lots shall be for not more than 99 years. Such
leases as the authority shall designate may be made freely assignable, subject
to all the liabilities, obligations, and duties imposed upon the lessee by the
authority in its original lease. In its leasehold conveyance or rental
contracts, the authority may create and provide for the preservation of such
rights and privileges in the present or future security grantees, mortgagees, or
other lenders upon the security of the lessee´s or tenant´s rights, as
the authority may deem wise. Such rights and privileges, when created, may also
provide for their continuance or survival after termination or forfeiture of the
original leasehold or rental contract.
(b)(1)
No lot that was under lease for a single-family residential purpose as of the
effective date of this subsection shall be used after such date for a
multifamily residential purpose or further subdivided, whether under the same or
another lease.
(2)
No lot that was under lease for a commercial purpose as of the effective date of
this subsection shall be used after such date for any residential purpose,
whether under the same or another lease.
(3)
This subsection shall not be applied to impair an obligation under any valid
contract entered into prior to the effective date of this
subsection."
SECTION
4C.
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
5.
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
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.