07 LC
25 4956S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to HB 214:
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 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
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.