HB 120 - Jekyll Island--St Park Auth; cert land activity restrictions
Georgia House of Representatives - 1995/1996 Sessions
HB 120 - Jekyll Island--St Park Auth; cert land activity restrictions
1. Smith 174th 2. Tillman 173rd
House Comm: SPCA / SI&P Senate Comm: EDTCA /
House Vote: Yeas 171 Nays 0 Senate Vote: Yeas 55 Nays 0
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House Action Senate
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1/9/95 Read 1st Time 2/16/95
1/10/95 Read 2nd Time 2/20/95
2/8/95 Favorably Reported 2/17*
Sub Committee Amend/Sub Am
1/11/95 Recommitted 2/21/95
2/15/95 Read 3rd Time 2/21/95
2/15/95 Passed/Adopted 3/6/95
CSFA Comm/Floor Amend/Sub CS
3/13/95 Amend/Sub Agreed To
3/14/95 Sent to Governor
3/14/95 Signed by Governor
10 Act/Veto Number
7/1/95 Effective Date
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Rules Suspended to Introduce
Withdrawn and Recommitted
Favorably Reported by Substitute 2/27/95
Code Sections amended: 12-3-1 through 12-3-11, 12-3-20, 12-3-21, 12-3-22,
12-3-23, 12-3-24, 12-3-25, 12-3-191,12-3-193,12-3-194, 12-3-194.2, 12-3-231,
12-3-233, 12-3-234, 12-3-233.1, 12-3-235, 12-3-243.1, 12-3-291, 12-3-292,
12-3-293, 12-3-294, 12-3-294.1, 12-3-310, 12-3-312, 12-3-313, 12-3-314,
12-3-314.1
HB 120 HB 120/AP
H. B. No. 120 (AS PASSED HOUSE AND SENATE)
By: Representatives Smith of the 174th, Tillman of the
173rd and Smith of the 169th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 12 of the Official Code of Georgia Annotated,
1- 2 relating to conservation and natural resources, so as to
1- 3 change certain provisions relative to the delegation of
1- 4 certain duties of the commissioner of natural resources; to
1- 5 create the Recreational Authorities Overview Committee; to
1- 6 provide for a report with regard to the authorities subject
1- 7 to legislative overview by the Recreation Authorities
1- 8 Overview Committee; to provide for the appointment of
1- 9 members to the Stone Mountain Memorial Association including
1-10 one additional member; to provide for the appointment by the
1-11 Governor of a chairperson of the association from the
1-12 membership and his or her terms as chairperson; to define a
1-13 certain term relative to such association; to provide for a
1-14 master plan of Stone Mountain; to provide a procedure for
1-15 the amendment of the master plan; to restrict development
1-16 within a certain area; to define certain terms relative to
1-17 the Jekyll Island--State Park Authority; to provide that a
1-18 certain area of Jekyll Island shall be protected from
1-19 development and alienation; to add three additional members
1-20 to the Jekyll Island--State Park Authority; to provide for
1-21 the appointment by the Governor of a chairperson of the said
1-22 authority from the membership and his or her terms as
1-23 chairperson; to provide for an annual audit by the state
1-24 auditor of the books and records of the authority; to
1-25 provide for a Citizens Resource Council for the authority on
1-26 matters concerning Jekyll Island; to provide for a master
1-27 plan of Jekyll Island; to provide a procedure for the
1-28 amendment of the master plan; to restrict development within
1-29 a certain area; to define a certain term relative to the
1-30 North Georgia Mountains Authority; to reconstitute the
1-31 membership of the authority and to provide for the
1-32 appointment by the Governor of a chairperson from the
1-33 membership and his or her terms as chairperson; to provide
1-34 for an annual audit by the state auditor of the books and
1-35 records of the authority; to provide for the powers of the
1-36 said authority; to provide for a master plan of the said
1-37 authority's projects; to provide a procedure for the
H. B. No. 120
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HB 120/AP
2- 1 amendment of the master plan; to define a certain term
2- 2 relative to the Lake Lanier Islands Development Authority;
2- 3 to provide for the appointment by the Governor of a
2- 4 chairperson from the membership of the authority and his or
2- 5 her terms as chairperson; to provide for an annual audit by
2- 6 the state auditor of the books and records of the authority;
2- 7 to provide for the powers of the said authority; to provide
2- 8 for a master plan of the said authority's projects; to
2- 9 provide a procedure for the amendment of the master plan; to
2-10 provide an effective date; to repeal conflicting laws; and
2-11 for other purposes.
2-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2-13 Title 12 of the Official Code of Georgia Annotated, relating
2-14 to conservation and natural resources, is amended by
2-15 striking in its entirety subsection (b) of Code Section
2-16 12-2-1, relating to the creation of the Department of
2-17 Natural Resources, and inserting in lieu thereof the
2-18 following:
2-19 "(b)(1) There is created the position of commissioner of
2-20 natural resources. The commissioner shall be both
2-21 appointed and removed by the Board of Natural Resources
2-22 subject to approval of the Governor. Subject to the
2-23 general policy established by the Board of Natural
2-24 Resources, the commissioner shall supervise, direct,
2-25 account for, organize, plan, administer, and execute the
2-26 functions vested in the Department of Natural Resources
2-27 by this article.
2-28 (2)(A) Except as provided in subparagraph (B) of this
2-29 paragraph, the The commissioner may delegate to any
2-30 person in the Department of Natural Resources the
2-31 power to be present and participate, including the
2-32 power to vote as his or her representative or
2-33 substitute, at any meeting, hearing, or other
2-34 proceeding of any association, authority, committee,
2-35 board, or other body upon which the commissioner
2-36 serves pursuant to this title. (B) The commissioner may not delegate his power to be
2-38 present and participate at meetings, hearings, or
2-39 other proceedings of the Stone Mountain Memorial
2-40 Association and may delegate his power to be present
2-41 and participate at meetings, hearings, or other
H. B. No. 120
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HB 120/AP
3- 1 proceedings of the Jekyll Island--State Park Authority
3- 2 or the Lake Lanier Islands Development Authority only
3- 3 to that person within the Department of Natural
3- 4 Resources who is responsible for state parks."
SECTION 2.
3- 5 Said title is further amended by designating Code Sections
3- 6 12-3-1 through 12-3-11 as Part 1 of Article 1 and by
3- 7 inserting at the end thereof a new Part 2 to read as
3- 8 follows:
"Part 2
3- 9 12-3-20. (Index)
3-10 There is created as a joint committee of the General
3-11 Assembly the Recreational Authorities Overview Committee
3-12 to be composed of three members of the House of
3-13 Representatives appointed by the Speaker of the House of
3-14 Representatives and three members of the Senate appointed
3-15 by the President of the Senate. The members of the
3-16 committee shall serve two-year terms concurrent with their
3-17 terms as members of the General Assembly. The chairperson
3-18 of the committee shall be appointed by the Speaker of the
3-19 House of Representatives from the membership of the
3-20 committee, and the vice chairperson of the committee shall
3-21 be appointed by the President of the Senate from the
3-22 membership of the committee. The chairperson and vice
3-23 chairperson shall serve terms of two years concurrent with
3-24 their terms as members of the General Assembly. Vacancies
3-25 in an appointed member's position or in the offices of
3-26 chairperson or vice chairperson of the committee shall be
3-27 filled for the unexpired term in the same manner as the
3-28 original appointment. The committee shall periodically
3-29 inquire into and review the operations of the Stone
3-30 Mountain Memorial Association, the Jekyll Island--State
3-31 Park Authority, the North Georgia Mountains Authority, and
3-32 the Lake Lanier Islands Development Authority and shall
3-33 periodically review and evaluate the success with which
3-34 each of the said authorities is accomplishing its
3-35 statutory duties and functions as provided in this
3-36 chapter.
3-37 12-3-21. (Index)
3-38 The state auditor, the Attorney General, and all other
3-39 agencies of state government, upon request by the
H. B. No. 120
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HB 120/AP
4- 1 committee, shall assist the committee in the discharge of
4- 2 its duties as set forth in this part.
4- 3 12-3-22. (Index)
4- 4 The Stone Mountain Memorial Association, the Jekyll
4- 5 Island--State Park Authority, the North Georgia Mountains
4- 6 Authority, and the Lake Lanier Islands Development
4- 7 Authority shall cooperate with the committee, its agents,
4- 8 the Attorney General, the state auditor, and other state
4- 9 agencies in order that the duties of the committee set
4-10 forth in this part may be timely and efficiently
4-11 discharged. Each of the named authorities shall submit to
4-12 the committee such reports and data as the committee shall
4-13 reasonably require of the authority in order that the
4-14 committee may adequately perform its functions. At least
4-15 annually the commissioner of natural resources and the
4-16 department's director of state parks and historic sites
4-17 shall make a report to the committee of any legislative
4-18 changes or revisions that may be needed to assist the
4-19 named authorities in accomplishing their statutory duties
4-20 and functions as provided in this chapter, either
4-21 individually or as a group. The Attorney General is
4-22 authorized to bring appropriate legal actions to enforce
4-23 any laws specifically or generally relating to the
4-24 authorities named in this part. The committee shall, on or
4-25 before the first day of January of each year, and at such
4-26 other times as it deems necessary, submit to the
4-27 chairpersons of the appropriate standing committees of
4-28 each house of the General Assembly a report of its
4-29 findings and recommendations based upon the review of each
4-30 of the named authorities, as set forth in this part.
4-31 12-3-23. (Index)
4-32 In the discharge of its duties, the committee shall
4-33 evaluate the performance of the Stone Mountain Memorial
4-34 Association, the Jekyll Island--State Park Authority, the
4-35 North Georgia Mountains Authority, and the Lake Lanier
4-36 Islands Development Authority consistent with the
4-37 following criteria:
4-38 (1) Prudent, legal, and accountable expenditure of
4-39 public funds;
4-40 (2) Efficient operation; and
4-41 (3) Performance of its statutory responsibilities.
H. B. No. 120
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HB 120/AP
5- 1 12-3-24. (Index)
5- 2 (a) The committee is authorized to expend state funds
5- 3 available to the committee for the discharge of its
5- 4 duties. Said funds may be used for the purposes of
5- 5 compensating staff personnel; paying for services of
5- 6 independent accountants, engineers, and consultants; and
5- 7 paying all other necessary expenses incurred by the
5- 8 committee in performing its duties.
5- 9 (b) The members of the committee shall receive the same
5-10 compensation, per diem, expenses, and allowances for their
5-11 service on the committee as is authorized by law for
5-12 members of interim legislative study committees.
5-13 (c) The funds necessary for the purposes of the committee
5-14 shall come from the funds appropriated to and available to
5-15 the legislative branch of government.
5-16 12-2-2512-3-25.
5-17 The committee shall report in each of its annual reports
5-18 to the chairperson of the standing committees of each
5-19 house of the General Assembly whether or not any of the
5-20 authorities named in this part have undertaken activities
5-21 having a projected cost of over $1 million without having
5-22 first evaluated the feasibility of involving private
5-23 persons or entities in the development, construction,
5-24 operation, and management of the authority's existing
5-25 projects and such proposed activities or has failed to
5-26 file a copy of such evaluation with the Office of Planning
5-27 and Budget."
SECTION 3.
5-28 Said title is further amended by striking in its entirety
5-29 Code Section 12-3-191, relating to definitions relative to
5-30 the Stone Mountain Memorial Association, and inserting in
5-31 lieu thereof the following:
5-32 "12-3-191. (Index)
5-33 As used in this part, the term:
5-34 (1) 'Association' means the Stone Mountain Memorial
5-35 Association created by this part or any authority or
5-36 body in which the duties and liabilities of the
5-37 association created hereby may hereafter become vested.
H. B. No. 120
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6- 1 (2) 'Bonds' or 'revenue bonds' means any bonds issued by
6- 2 the association under this part, including refunding
6- 3 bonds.
6- 4 (3) 'Cost of project' means the cost of acquiring,
6- 5 constructing, developing, improving, equipping, adding
6- 6 to, extending, remodeling, managing, and operating the
6- 7 project or any part thereof, including, without being
6- 8 limited to, the cost of all lands, properties,
6- 9 franchises, easements, and rights in property; the cost
6-10 of all machinery and equipment necessary for
6-11 constructing, improving, developing, adding to,
6-12 remodeling, managing, maintaining, and operating the
6-13 project; financing charges and interest accruing on any
6-14 bonds issued by the association prior to and during the
6-15 period estimated as necessary to complete the
6-16 construction, development, and improvement of the
6-17 project, and for one year thereafter; the cost of plans
6-18 and specifications; the cost of engineering, engineers,
6-19 and architects; legal fees; other expenses necessary or
6-20 incident to determining the feasibility or practicality
6-21 of the project or any part thereof; administrative
6-22 expenses; and such other expenses as may be necessary or
6-23 incidental to the financing authorized by this part,
6-24 including fiscal agents' fees and the estimated cost of
6-25 operating the project for a period of not exceeding 12
6-26 months, and the expense of construction, development,
6-27 improvement, management, maintenance, operation, or any
6-28 other action permitted by this part with respect to the
6-29 project and the placing of the same in operation, and
6-30 including any other expense authorized by this part to
6-31 be incurred by the association which is incurred with
6-32 respect to any action as regards the project. Any
6-33 obligation or expense incurred for any of the foregoing
6-34 purposes shall be regarded as a cost of the project and
6-35 may be paid or reimbursed as such out of the proceeds of
6-36 bonds issued under this part for such project.
6-37 (4) 'Governing authority of a county' means the
6-38 commissioner, board of commissioners, commission, or
6-39 other person or body of persons at the time entrusted by
6-40 law with the administration of the fiscal affairs of any
6-41 county.
6-42 (5) 'Governing authority of a municipality' means the
6-43 council, board of aldermen, or other person or body of
6-44 persons at the time entrusted by law with the
H. B. No. 120
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7- 1 administration of the fiscal affairs of any municipal
7- 2 corporation.
7- 3 (6) 'Master plan' means that document created by Robert
7- 4 and Company and adopted by the association in December,
7- 5 1992, consisting of districts and plans for various
7- 6 construction projects as amended prior to January 1,
7- 7 1995, and as it may be amended from time to time
7- 8 pursuant to Code Section 12-3-194.2.
7- 9 (6)(7) 'Project' means Stone Mountain and property
7-10 adjacent thereto acquired by the association and all
7-11 accommodations, utilities, facilities, services, and
7-12 equipment necessary or convenient, and all property,
7-13 real, personal, or mixed, used or useful, including
7-14 franchises and easements, in constructing, erecting,
7-15 improving, remodeling, developing, equipping, adding to,
7-16 extending, maintaining, managing, and operating Stone
7-17 Mountain, located in DeKalb County, Georgia, and
7-18 property adjacent thereto, as a Confederate memorial and
7-19 public recreational area, and the construction,
7-20 improvement, development, maintenance, management,
7-21 operation, and extension of any part thereof, as to
7-22 which the association has undertaken or agreed to
7-23 undertake any action permitted by this part."
SECTION 4.
7-24 Said title is further amended by striking in its entirety
7-25 Code Section 12-3-193, relating to the membership of the
7-26 Stone Mountain Memorial Association and the appointment of
7-27 members, and inserting in lieu thereof the following:
7-28 "12-3-193. (Index)
7-29 (a) The association shall be composed of the commissioner
7-30 of natural resources or his or her designee and seven
7-31 eight members to be appointed by the Governor, one of whom
7-32 shall be a resident of the metropolitan Atlanta area. The
7-33 members appointed by the Governor shall be appointed for
7-34 terms of four years, with the beginning and ending dates
7-35 of terms to be specified by the Governor, and until the
7-36 appointment and qualification of their successors, except
7-37 that the fourth member to be appointed by the Governor as
7-38 provided for in this part shall be appointed for an
7-39 initial term of three years and until the appointment and
7-40 qualification of his or her successor, and except that the
7-41 members of the association appointed by the Governor and
7-42 in office on July 1, 1978, shall continue in office until
H. B. No. 120
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8- 1 the expiration of the terms for which they were appointed
8- 2 and until the appointment and qualification of their
8- 3 successors, and except that the fifth member to be
8- 4 appointed by the Governor shall be appointed for an
8- 5 initial term beginning July 1, 1985, and ending December
8- 6 31, 1987, and until the appointment and qualification of a
8- 7 successor. Appointments by the Governor to fill vacancies
8- 8 on the association shall be made for the unexpired term. (b) The constitutional officers named to the association
8-10 shall immediately enter upon their duties without further
8-11 act or formality, and the persons appointed by the
8-12 Governor shall be confirmed by the Senate as provided by
8-13 law.
8-14 (c)(b) The association shall elect one of its members as
8-15 chairman and another as vice-chairman. The chairman shall
8-16 be elected from among the members appointed by the
8-17 Governor. The Governor shall appoint the chairperson of
8-18 the association for a term of one year from among the
8-19 members of the association which the Governor appoints. A
8-20 member may serve no more than two consecutive terms as
8-21 chairperson nor more than two terms as chairperson in any
8-22 one four year term as a member of the association. The
8-23 association shall also elect a secretary and a treasurer
8-24 who need not be members. The office of secretary and
8-25 treasurer may be combined in one person.
8-26 (d)(c) The association may make such bylaws for its
8-27 government as is deemed necessary but is under no duty to
8-28 do so.
8-29 (e)(d) Any four five members of the association sh
8-30 constitute a quorum necessary for the transaction of
8-31 business, and a majority vote of those present at any
8-32 meeting at which there is a quorum shall be sufficient to
8-33 do and perform any action permitted to the association by
8-34 this part. No vacancy on the association shall impair the
8-35 right of a quorum to transact any and all business as
8-36 aforesaid.
8-37 (f)(e) The members shall receive no compensation for their
8-38 services, but all members shall be entitled to be
8-39 reimbursed for actual expenses, including travel and any
8-40 other expenses, incurred while in the performance of their
8-41 duties. Employees of the association shall receive
8-42 reasonable compensation, to be determined by the members
8-43 of the association, for their services.
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9- 1 (g)(f) Members of the association shall be accountable as
9- 2 trustees. They shall cause to be kept adequate books and
9- 3 records of all transactions of the association, including
9- 4 records of income and disbursements of every nature. The
9- 5 books and records shall be inspected and audited by the
9- 6 state auditor at least once in each year."
SECTION 5.
9- 7 Said title is further amended by striking in their entirety
9- 8 paragraphs (2), (3), and (6) of Code Section 12-3-194,
9- 9 relating to powers of Stone Mountain Memorial Association,
9-10 generally, and inserting in lieu thereof, respectively, the
9-11 following:
9-12 "(2) To acquire Stone Mountain and such surrounding area
9-13 as the association may deem necessary for the proper
9-14 development, management, preservation, and protection of
9-15 Stone Mountain, by purchase from the owner or owners
9-16 thereof, and to pay therefor such price as may be agreed
9-17 upon;
9-18 (3) To acquire, by purchase, lease, or otherwise, and to
9-19 hold, lease, and dispose of, in any manner, real and
9-20 personal property of every kind and character for its
9-21 corporate purposes; provided, however, that as provided
9-22 in subsection (b) of Code Section 50-16-3.1, no real
9-23 property may be sold unless necessary for a public road
9-24 right of way;"
9-25 "(6) To construct, reconstruct, lay out, repair,
9-26 develop, improve, maintain, equip, manage, and operate
9-27 the project as defined in Code Section 12-3-191, the
9-28 cost of any such action to be paid in whole or in part
9-29 from the proceeds of revenue bonds of the association;
9-30 provided however, that:
9-31 (A) The the association shall not undertake any such
9-32 activity having a projected cost of over $1 million
9-33 unless it has first evaluated the feasibility of
9-34 involving private persons or entities in the
9-35 development, construction, operation, and management
9-36 of the project, including the proposed activities, and
9-37 has filed a copy of such evaluation with the Office of
9-38 Planning and Budget and with the Recreation
9-39 Authorities Overview Committee; and
9-40 (B) Except as contained in the master plan as it
9-41 existed on January 1, 1995, no development shall occur
H. B. No. 120
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10- 1 within the bounds of the natural district. The venues
10- 2 for the 1996 Summer Olympic Games for archery and for
10- 3 the velodrome shall be removed at the completion of
10- 4 the Olympic Games and the grounds returned to an
10- 5 undeveloped state. After the removal of such
10- 6 construction, only construction contained in the
10- 7 master plan as it existed on January 1, 1995, may take
10- 8 place in the natural district except as the master
10- 9 plan may be amended in accordance with Code Section
10-10 12-3-194.2."
SECTION 6.
10-11 Said title is further amended by inserting immediately
10-12 following Code Section 12-3-194.1 a new Code section to read
10-13 as follows:
10-14 "12-3-194.2. (Index)
10-15 (a) The association, in the exercise of its authority to
10-16 develop, manage, preserve, and protect Stone Mountain,
10-17 shall be guided by and shall adhere to the master plan.
10-18 That area shown on the master plan as the 'natural
10-19 district' shall be surveyed on or before December 1, 1995,
10-20 by a Georgia registered engineer or surveyor and that
10-21 survey, as approved by the association members at a
10-22 regularly scheduled public meeting of the association,
10-23 shall become a part of the master plan.
10-24 (b) The association may, from time to time, amend the
10-25 master plan but only in compliance with the following
10-26 procedure:
10-27 (1) Any proposed amendment to the master plan shall be
10-28 described in written form and, if capable of such
10-29 description, in visual form and presented publicly at a
10-30 regular meeting of the association;
10-31 (2) A brief summary of the proposed change shall be
10-32 advertised in the legal organs of DeKalb and Gwinnett
10-33 counties along with the date on which a meeting of the
10-34 association shall be held to consider the proposed
10-35 change. Directions as to the manner of receiving
10-36 comments from the public, including the time and place
10-37 of the public hearing on the proposed change required by
10-38 paragraph (6) of this subsection, shall be provided.
10-39 Information describing the proposed change and the
10-40 public hearing also shall be distributed to the media by
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11- 1 news release and published in appropriate publications
11- 2 of the association;
11- 3 (3) The association shall transmit three copies of the
11- 4 summary provided for in paragraph (2) of this subsection
11- 5 to the legislative counsel. The copies shall be
11- 6 transmitted at least 30 days prior to the date of the
11- 7 association's intended action. Within three days after
11- 8 receipt of the copies, if possible, the legislative
11- 9 counsel shall furnish the presiding officers of each
11-10 house with a copy of the summary, and the presiding
11-11 officers shall assign the summary to the chairperson of
11-12 the appropriate standing committee in each house for
11-13 review and provide a copy to any member of that house
11-14 who makes a standing written request. In the event a
11-15 presiding officer is unavailable for the purpose of
11-16 making the assignment within the time limitations, the
11-17 legislative counsel shall assign the summary to the
11-18 chairperson of the appropriate standing committee and
11-19 provide the copies to members of each house who have
11-20 made standing written requests. The legislative counsel
11-21 shall also transmit within the time limitations provided
11-22 in this subsection a notice of the assignment to the
11-23 chairperson of the appropriate standing committee;
11-24 (4) In the event a standing committee to which a summary
11-25 is assigned as provided in paragraph (3) of this
11-26 subsection files an objection to a proposed amendment to
11-27 the master plan with the chairperson of the association
11-28 prior to its adoption and the association adopts the
11-29 proposed amendment over the objection, the amendment may
11-30 be considered by the branch of the General Assembly
11-31 whose committee objected to its adoption by the
11-32 introduction of a resolution for the purpose of
11-33 overriding the amendment at any time within the first 30
11-34 days of the next regular session of the General
11-35 Assembly. It shall be the duty of the association if it
11-36 adopts a proposed amendment to the master plan over such
11-37 objection to notify the presiding officers of the Senate
11-38 and the House of Representatives, the chairpersons of
11-39 the Senate and House committees to which the summary was
11-40 referred, and the legislative counsel within ten days
11-41 after the adoption of the amendment to the master plan.
11-42 In the event the resolution is adopted by such branch of
11-43 the General Assembly, it shall be immediately
11-44 transmitted to the other branch of the General Assembly.
11-45 It shall be the duty of the presiding officer of the
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12- 1 other branch of the General Assembly to have such
12- 2 branch, within five days after the receipt of the
12- 3 resolution, to consider the resolution for the purpose
12- 4 of overriding the amendment to the master plan. In the
12- 5 event the resolution is adopted by two-thirds of the
12- 6 votes of each branch of the General Assembly, the
12- 7 amendment shall be void on the day after the adoption of
12- 8 the resolution by the second branch of the General
12- 9 Assembly. In the event the resolution is ratified by
12-10 less than two-thirds of the votes of either branch, the
12-11 resolution shall be submitted to the Governor for his or
12-12 her approval or veto. In the event of the Governor's
12-13 veto, the amendment to the master plan shall remain in
12-14 effect. In the event of the Governor's approval, the
12-15 amendment to the master plan shall be void on the day
12-16 after the date of his or her approval;
12-17 (5) Any proposed changes to the boundaries of that area
12-18 delineated on the master plan as the natural district
12-19 shall be surveyed and marked at least seven days prior
12-20 to the public hearing required by paragraph (6) of this
12-21 subsection in such a fashion as to be readily
12-22 discernible on the ground by members of the public;
12-23 (6) A public hearing shall be held no earlier than 15
12-24 days after the most recent publication of the notice
12-25 required by paragraph (2) of this subsection in either
12-26 the legal organ of DeKalb or Gwinnett County; and
12-27 (7) No sooner than 30 days after the meeting of the
12-28 association at which the proposed change was announced
12-29 pursuant to paragraph (1) of this subsection, the
12-30 association shall meet and consider in an open and
12-31 public meeting the proposed change which, if approved,
12-32 shall become a part of the master plan, subject,
12-33 however, to the provisions of paragraph (4) of this
12-34 subsection."
SECTION 7.
12-35 Said title is further amended by striking in its entirety
12-36 Code Section 12-3-231, relating to definitions relative to
12-37 the Jekyll Island--State Park Authority, and inserting in
12-38 lieu thereof the following:
12-39 "12-3-231. (Index)
12-40 As used in this part, the term:
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13- 1 (1) 'Authority' means the Jekyll Island--State Park
13- 2 Authority created by this part.
13- 3 (2) 'Bonds' or 'revenue bonds' means any bonds issued by
13- 4 the authority under this part, including refunding
13- 5 bonds.
13- 6 (3) 'Cost of the project' means the cost of
13- 7 construction; the cost of all lands, properties, rights,
13- 8 easements, and franchises acquired; the cost of all
13- 9 machinery and equipment; financing charges; interest
13-10 prior to and during construction and for one year after
13-11 completion of construction; cost of engineering;
13-12 architectural and legal expenses, cost of plans and
13-13 specifications, and other expenses necessary or incident
13-14 to determining the feasibility or practicability of the
13-15 project; administrative expense; and such other expenses
13-16 as may be necessary or incident to the financing
13-17 authorized by this part, the construction of any
13-18 project, the placing of the same in operation, and the
13-19 condemnation of property necessary for such construction
13-20 and operation. Any obligation or expense incurred for
13-21 any of the foregoing purposes shall be regarded as a
13-22 part of the cost of the project and may be paid or
13-23 reimbursed as such out of the proceeds of revenue bonds
13-24 issued under this part for such project.
13-25 (4) 'Master plan' means that document to be created
13-26 under the auspices of and adopted by the authority of
13-27 Jekyll Island and as it may be amended from time to time
13-28 pursuant to Code Section 12-3-243.1.
13-29 (4)(5) 'Park' means present and future parks, parkways,
13-30 park and recreational resources and facilities of the
13-31 state or any department, agency, or institution of the
13-32 state, and any such facility constituting part of the
13-33 State Parks System and shall specifically include Jekyll
13-34 Island State Park.
13-35 (5)(6) 'Project' means any subdivision, hotel, cottage,
13-36 apartment house, public building, school, utility, dock,
13-37 facility, watercourse, airport, bridge, golf course,
13-38 tennis court, or other resort recreational facility.
13-39 This term also means one or a combination of two or more
13-40 of the following: buildings and facilities, and all
13-41 other structures, electric, gas, steam, water, and
13-42 sewerage utilities and facilities of every kind and
13-43 character deemed by the authority to be necessary or
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14- 1 convenient for the efficient operation of any
14- 2 department, board, commission, authority, or agency of
14- 3 the State of Georgia."
SECTION 8.
14- 4 Said title is further amended by striking in its entirety
14- 5 Code Section 12-3-233, relating to the membership of the
14- 6 Jekyll Island--State Park Authority and the appointment of
14- 7 members, and inserting in lieu thereof the following:
14- 8 "12-3-233. (Index)
14- 9 (a) The authority shall be composed of the commissioner of
14-10 natural resources or his or her designee and five eight
14-11 residents of this state, one two of whom shall be from thecoastal area of Georgia Chatham, Bryan, Liberty, McIntosh,
14-13 Glynn, or Camden counties, to be appointed by the
14-14 Governor. The five eight members appointed by the
14-15 Governor shall be selected from the state at large but
14-16 shall be representative of the geographical areas of the
14-17 state. Except as provided in this Code section, the The
14-18 members appointed by the Governor shall serve for a term
14-19 of four years and until the appointment and qualification
14-20 of their successors, except that the terms of the . The
14-21 first four appointments made by the Governor shall be as
14-22 follows: one member shall be appointed for a term of one
14-23 year beginning July 1, 1978; one member shall be appointed
14-24 for a term of two years beginning July 1, 1978; one member
14-25 shall be appointed for a term of three years beginning
14-26 July 1, 1978; and one member shall be appointed for a term
14-27 of four years beginning July 1, 1978. The fifth member
14-28 appointed by the Governor shall serve for a term of four
14-29 years beginning July 1, 1984. The sixth member appointed
14-30 by the Governor shall serve for an initial term beginning
14-31 upon appointment and ending on June 30, 1997. The seventh
14-32 member appointed by the Governor shall serve for an
14-33 initial term beginning upon appointment and ending on June
14-34 30, 1998. The eighth member appointed by the Governor
14-35 shall serve for an initial term beginning upon appointment
14-36 and ending on June 30, 1999. Subsequent terms for those
14-37 members appointed as the sixth, seventh, and eighth
14-38 members, or their successors, shall be for four years. An
14-39 appointment by the Governor to fill a vacancy shall be
14-40 made for the unexpired term.
14-41 (b) The Governor shall appoint the chairperson of the
14-42 authority for a term of one year. A member may serve no
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15- 1 more than two consecutive terms as chairperson nor more
15- 2 than two terms as chairperson in any one four year term as
15- 3 a member of the authority. The authority shall elect one
15- 4 of its members as chairman and one as vice-chairman
15- 5 vice-chairperson and shall elect a secretary and treasurer
15- 6 who may not necessarily be a member of the authority. The
15- 7 chairman chairperson shall be selected from among the
15- 8 members appointed by the Governor.
15- 9 (c) Four Five members of the authority shall constitute a
15-10 quorum. No vacancy in the authority shall impair the right
15-11 of a quorum to exercise all the rights and perform all the
15-12 duties of the authority.
15-13 (d) The members of the authority shall not be entitled to
15-14 compensation for their services but shall be reimbursed
15-15 for their actual expenses necessarily incurred in the
15-16 performance of their duties.
15-17 (e) The members of the authority shall constitute the
15-18 policy-making body of the authority. The authority shall
15-19 employ a full-time executive director to execute the
15-20 policy decisions of the authority and to provide
15-21 continuing professional management of the day to day
15-22 day-to-day activities of the authority."
SECTION 9.
15-23 Said title is further amended by striking in its entirety
15-24 Code Section 12-3-234, relating to the accountability of the
15-25 members of the Jekyll Island--State Park Authority as
15-26 trustees, and inserting in lieu thereof the following:
15-27 "12-3-234. (Index)
15-28 The members of the authority shall be accountable in all
15-29 respects as trustees. The authority shall keep suitable
15-30 and proper books and records of all receipts, income, and
15-31 expenditures of every kind and shall submit for inspection
15-32 all of the books, together with a proper statement of the
15-33 authority's financial position, once a year on or about
15-34 December 31 to the state auditor. The books and records
15-35 shall be inspected and audited by the state auditor at
15-36 least once in each year."
SECTION 10.
15-37 Said title is further amended by inserting immediately
15-38 following Code Section 12-3-233 a new Code section to read
15-39 as follows:
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16- 1 "12-3-233.1. (Index)
16- 2 (a) The Governor shall appoint a body to be known as the
16- 3 Jekyll Island Citizens Resource Council. The purpose of
16- 4 the Citizens Resource Council shall be to improve, foster,
16- 5 and encourage communication and the exchange of thoughts
16- 6 and ideas between the authority and the community of
16- 7 persons interested in Jekyll Island including, but not
16- 8 limited to, residents of Jekyll Island; owners, operators,
16- 9 and employees of businesses located on or providing
16-10 services to Jekyll Island; and environmental
16-11 organizations.
16-12 (b) The Citizens Resource Council shall consist of seven
16-13 members. Three members shall be representative of the
16-14 Jekyll Island residential and business community with two
16-15 of these members being residents of Jekyll Island and one
16-16 being an owner, manager, or employee of a business or
16-17 commercial facility located on Jekyll Island. Four
16-18 members shall be appointed at large. The term of each
16-19 member shall be for two years, provided that of the
16-20 members first appointed, three shall be appointed for
16-21 terms of one year, and four for terms of two years.
16-22 Vacancies shall be filled by similar appointment for
16-23 unexpired terms.
16-24 (c) The Citizens Resource Council shall meet once a month.
16-25 The meetings shall be attended by the authority's
16-26 executive director and at least one member of the
16-27 authority. Once in every calendar quarter, the meeting of
16-28 the Citizens Resource Council shall be held as a town
16-29 meeting at which comments and sentiments from the Jekyll
16-30 Island community at large may be received.
16-31 (d) The Citizens Resource Council shall be available to
16-32 consult with the authority, if requested by the authority
16-33 to do so, as to the authority's programs, projects and
16-34 actions concerning Jekyll Island. The Citizens Resource
16-35 Council may also, upon request of the authority, review
16-36 and prepare written comments on proposed authority plans
16-37 and projects. Such written comments may be submitted to
16-38 the authority's executive director, the authority, and the
16-39 Governor.
16-40 (e) Members of the Citizens Resource Council shall serve
16-41 without compensation, but its members who are not
16-42 employees or officials of state or local governmental
16-43 entities shall receive reimbursement from funds available
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17- 1 to the authority for their actual expenses necessarily
17- 2 incurred in the performance of their duties."
SECTION 11.
17- 3 Said title is further amended by striking in its entirety
17- 4 Code Section 12-3-235, relating to the powers of the Jekyll
17- 5 Island--State Park Authority generally, and inserting in
17- 6 lieu thereof the following:
17- 7 "12-3-235. (Index)
17- 8 The authority shall have power:
17- 9 (1) To have a seal and alter it at pleasure;
17-10 (2) To acquire, hold, and dispose of personal property
17-11 for its corporate purposes;
17-12 (3) To sell, by competitive bids, and dispose of all
17-13 junk, salvage, and surplus materials, together with all
17-14 obsolete, unused, or surplus machinery or equipment now
17-15 or in the future upon or affixed to its leasehold
17-16 property; and to apply the proceeds therefrom to
17-17 permanent improvements on the island;
17-18 (4) To appoint and select officers, agents, and
17-19 employees, including engineering, architectural, and
17-20 construction experts and attorneys, and to fix their
17-21 compensation;
17-22 (5) To make contracts, and to execute all instruments
17-23 necessary or convenient, including contracts for
17-24 construction of projects or contracts with respect to
17-25 the leasing or use of projects which it causes to be
17-26 subdivided, erected, or acquired;
17-27 (6) To plan, survey, subdivide, improve, administer,
17-28 construct, erect, acquire, own, repair, remodel,
17-29 maintain, add to, extend, improve, equip, operate, and
17-30 manage projects as defined in Code Section 12-3-231, to
17-31 be located on property owned or leased by the authority,
17-32 the cost of any such project to be paid from its income,
17-33 from the proceeds of revenue anticipation certificates
17-34 of the authority, or from such proceeds and any grant
17-35 from the United States of America or any agency or
17-36 instrumentality thereof, or from the State of Georgia;
17-37 provided, however, that the authority shall not
17-38 undertake any such activity having a projected cost of
17-39 over $1 million unless it has first evaluated the
17-40 feasibility of involving private persons or entities in
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18- 1 the development, construction, operation, and management
18- 2 of the authority's existing projects and such proposed
18- 3 activities and has filed a copy of such evaluation with
18- 4 the Office of Planning and Budget and with the
18- 5 Recreational Authorities Overview Committee;
18- 6 (7) To accept loans and grants, either or both, of money
18- 7 or materials or property of any kind from the United
18- 8 States of America or any agency or instrumentality
18- 9 thereof, including the Department of Housing and Urban
18-10 Development, upon such terms and conditions as the
18-11 United States of America or such agency or
18-12 instrumentality, including the Department of Housing and
18-13 Urban Development, may impose;
18-14 (8) To borrow money for any of its corporate purposes,
18-15 to issue negotiable revenue anticipation certificates
18-16 from earnings of such projects, and to provide for the
18-17 payment of the same and for the rights of the holders
18-18 thereof;
18-19 (9) To exercise any power usually possessed by private
18-20 corporations performing similar functions, which power
18-21 is not in conflict with the Constitution and laws of
18-22 this state;
18-23 (10) To act as agent for the United States of America or
18-24 any agency, department, corporation, or instrumentality
18-25 thereof, in any manner coming within the purposes or
18-26 powers of the authority;
18-27 (11) To adopt, alter, or repeal its own bylaws, rules,
18-28 and regulations governing the manner in which its
18-29 business may be transacted and in which the power
18-30 granted to it may be enjoyed, as the authority may deem
18-31 necessary or expedient in facilitating its business;
18-32 (12) To receive gifts, donations, or contributions from
18-33 any person, firm, or corporation;
18-34 (13) To hold, use, administer, and expend, for any of
18-35 the purposes of the authority, such sum or sums as may
18-36 hereafter be received as income or as gifts or as may be
18-37 appropriated by authority of the General Assembly;
18-38 (14) To do any other things necessary or proper to
18-39 beautify, improve, and render self-supporting the island
18-40 park, to make its facilities available to people of
18-41 average income, and to advertise its beauties to the
18-42 world;
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19- 1 (15) To acquire in its own name, by purchase, on such
19- 2 terms and conditions and in such manner as it may deem
19- 3 proper, or by condemnation in accordance with any and
19- 4 all existing laws applicable to the condemnation of
19- 5 property for public use, real property or rights of
19- 6 easement therein or franchises necessary or convenient
19- 7 for its corporate purposes, and to use the same so long
19- 8 as its corporate existence shall continue, and to lease
19- 9 or make contracts with respect to the use of or dispose
19-10 of the same in any manner it deems to be the best
19-11 advantage of the authority, the authority being under no
19-12 obligation to accept and pay for any property condemned
19-13 under this part except from the funds provided under the
19-14 authority of this part; and in any proceedings to
19-15 condemn, such orders may be made by the court having
19-16 jurisdiction of the suit, action, or proceeding as may
19-17 be just to the authority and to the owners of the
19-18 property to be condemned; and no property shall be
19-19 acquired under this part upon which any lien or other
19-20 encumbrance exists, unless at the time such property is
19-21 so acquired a sufficient sum of money is deposited in
19-22 trust to pay and redeem the fair value of such lien or
19-23 encumbrance; and if the authority shall deem it
19-24 expedient to construct any project on lands which are a
19-25 part of the real estate holdings of the State of
19-26 Georgia, the Governor is authorized to execute, for and
19-27 on behalf of the state, a lease upon such lands to the
19-28 authority for such parcel or parcels as shall be needed
19-29 for a period not to exceed 50 years; and if the
19-30 authority shall deem it expedient to construct any
19-31 project on any other lands, the title to which shall
19-32 then be in the State of Georgia, the Governor is
19-33 authorized to convey, for and in behalf of the state,
19-34 title to such lands to the authority;
19-35 (16) To acquire by purchase, lease, or otherwise, and to
19-36 hold, lease, and dispose of, real and personal property
19-37 of every kind and character for its corporate purposes;
19-38 (17) To make contracts and leases, and to execute all
19-39 instruments necessary or convenient, including contracts
19-40 for construction of projects and leases of projects or
19-41 contracts with respect to the use of projects which it
19-42 causes to be erected or acquired; and any and all
19-43 political subdivisions, departments, institutions, or
19-44 agencies of the state are authorized to enter into
19-45 contracts, leases, or agreements with the authority,
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20- 1 upon such terms and for such purposes as they deem
20- 2 advisable; and without limiting the generality of the
20- 3 above, authority is specifically granted to any
20- 4 department, board, commission, or agency of the State of
20- 5 Georgia to enter into contracts and lease agreements for
20- 6 the use of any structure, building, or facility, or a
20- 7 combination of any two or more structures, buildings, or
20- 8 facilities, of the authority for a term not exceeding 50
20- 9 years; and any department, board, commission, or agency
20-10 of the State of Georgia may obligate itself to pay an
20-11 agreed sum for the use of such property so leased and
20-12 also to obligate itself as part of the lease contract to
20-13 pay the cost of maintaining, repairing, and operating
20-14 the property so leased from the authority;
20-15 (18) To construct, erect, acquire, own, repair, remodel,
20-16 maintain, add to, extend, improve, equip, operate, and
20-17 manage projects as defined in Code Section 12-3-231, to
20-18 be located on property owned by or leased by the
20-19 authority, the cost of any such project to be paid in
20-20 whole or in part from the proceeds of revenue bonds of
20-21 the authority or from such proceeds and any grant from
20-22 the United States of America, or the State of Georgia,
20-23 or any agency or instrumentality thereof;
20-24 (19) To borrow money for any of its corporate purposes,
20-25 to issue negotiable revenue bonds payable solely from
20-26 funds pledged for that purpose, and to provide for the
20-27 payment of the same and for the rights of the holders
20-28 thereof;
20-29 (20) To grant franchises to and make contracts with
20-30 utility companies, both public and private, providing
20-31 electric light or power, gas, steam heat, telephone,
20-32 telegraph, cable, television, water, or sewerage
20-33 services, for the use and occupancy of Jekyll Island or
20-34 any part thereof, on an exclusive or nonexclusive basis;
20-35 to permit the rendering of such utility services upon
20-36 such conditions and for such time as the authority may
20-37 deem appropriate or convenient;
20-38 (21) To do all things necessary or convenient to carry
20-39 out the powers expressly given in this part; and to do
20-40 any and all other acts and things which this part
20-41 authorizes or requires to be done, whether or not
20-42 included in the general powers mentioned in this Code
20-43 section;
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21- 1 (22) To provide and operate, at the discretion of the
21- 2 authority, a fire department which shall have the powers
21- 3 of a fire department of a county, municipality, or other
21- 4 political subdivision set forth in Chapter 3 of Title 25
21- 5 and to exercise the powers of a county, municipality, or
21- 6 other political subdivision set forth in Code Section
21- 7 25-3-4; and Code Section 25-2-38.1 shall be applicable
21- 8 to the authority and any fire department of the
21- 9 authority in the provision of fire protection and
21-10 suppression services provided;
21-11 (22.1) To sell, upon obtaining a license from the
21-12 Department of Revenue, alcoholic beverages for
21-13 consumption on the premises only upon property operated
21-14 and controlled by the authority and located within the
21-15 territorial limits of Jekyll Island, Georgia; and
21-16 (23) To charge fees to all persons, natural and
21-17 artificial, using or relying upon fire protection and
21-18 suppression services or public safety services provided
21-19 by the authority or the Uniform Division of the
21-20 Department of Public Safety, which fees and each
21-21 installment thereof and the interest thereon shall be
21-22 liens against each tract of land benefited by the fire
21-23 protection and suppression services or public safety
21-24 services so provided from the date each such fee is
21-25 charged until fully paid; and such liens shall be
21-26 superior to all other liens, except liens for state and
21-27 county taxes and taxes levied for any and all school
21-28 purposes, and shall be collected by officers designated
21-29 by the authority in the same manner as state and county
21-30 taxes are collected. The annual amount of any fee
21-31 charged to any person, natural or artificial, or upon
21-32 any property owned or leased by any such person under
21-33 this paragraph shall not exceed the annual amount which
21-34 would be levied for such services by the County of Glynn
21-35 in the form of ad valorem taxes if such services had
21-36 been provided by the County of Glynn."
SECTION 12.
21-37 Said title is further amended by striking in its entirety
21-38 subsection (a) of Code Section 12-3-243, relating to the
21-39 subdivision, improvement, and alienation of certain property
21-40 located on Jekyll Island, and inserting in lieu thereof the
21-41 following:
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22- 1 "(a)(1) The authority is empowered to survey, subdivide,
22- 2 improve, and lease or sell to the extent and in the
22- 3 manner provided in this part, as subdivided and
22- 4 improved, not more than 35 percent of the land area of
22- 5 Jekyll Island which lies above water at mean high tide,
22- 6 provided that the authority shall in no way sell or
22- 7 otherwise dispose of any riparian rights; and provided,
22- 8 further, that the beach areas of Jekyll Island will
22- 9 never be sold but will be kept free and open for the use
22-10 of the people of the state.
22-11 (2) The authority shall not survey, subdivide, improve,
22-12 lease, sell, develop, or otherwise cause a project to be
22-13 constructed on the 65 percent of the land area of Jekyll
22-14 Island which the authority is not empowered to survey,
22-15 subdivide, improve, and lease or sell pursuant to
22-16 paragraph (1) of this subsection; provided, however,
22-17 that nothing in this paragraph shall be construed as to
22-18 require the removal of any improvement on such land area
22-19 which was completed on the effective date of this
22-20 paragraph."
Section 13.
22-21 Said title is further amended by inserting immediately
22-22 following Code Section 12-3-243 a new Code section to read
22-23 as follows:
22-24 "12-3-243.1. (Index)
22-25 (a) The authority shall, on or before July 1, 1996, cause
22-26 to be created a master plan for the management,
22-27 preservation, protection, and development of Jekyll
22-28 Island. The master plan shall delineate, based upon
22-29 aerial survey, the present and permitted future uses of
22-30 the land area of Jekyll Island which lies above water at
22-31 mean high tide and shall designate areas to be managed as
22-32 environmentally sensitive, historically sensitive, and
22-33 active use areas. The master plan shall also delineate
22-34 the boundaries of the area or areas delineated on the
22-35 master plan as the 65 percent of the land area of Jekyll
22-36 Island which lies above water at mean high tide and over
22-37 which the authority has no power to improve, lease, or
22-38 sell pursuant to subsection (a) of Code Section 12-3-243.
22-39 If the aerial survey demonstrates that the percentage of
22-40 undeveloped land on Jekyll Island is presently less than
22-41 65 percent, then no further development of undeveloped
22-42 land shall be permitted in the master plan.
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23- 1 (b) In the creation of the master plan, the authority
23- 2 shall, after preparation of a preliminary plan, give
23- 3 notice of the existence of the preliminary plan in the
23- 4 legal organs of Glynn and Fulton counties and in at least
23- 5 two newspapers of state-wide general circulation not less
23- 6 than 60 days prior to the meeting of the authority at
23- 7 which the preliminary plan is to be considered for final
23- 8 adoption. After giving this notice, the authority shall
23- 9 hold a public hearing at a convenient location on Jekyll
23-10 Island and receive and consider such oral and written
23-11 comments on the preliminary plan as may be presented.
23-12 (c) The authority, in the exercise of its authority to
23-13 develop, manage, preserve, and protect Jekyll Island,
23-14 shall be guided by and shall adhere to the master plan as
23-15 the same may from time to time be amended as provided in
23-16 subsection (d).
23-17 (d) The authority may, from time to time, amend the master
23-18 plan but only in compliance with the following procedure:
23-19 (1) Any proposed amendment to the master plan shall be
23-20 described in written form and, if capable of such
23-21 description, in visual form and presented publicly at a
23-22 regular meeting of the authority;
23-23 (2) After the proposed amendment is presented publicly
23-24 at a regular meeting of the authority, a brief summary
23-25 of the proposed amendment shall be advertised in the
23-26 legal organs of Glynn and Fulton counties, distributed
23-27 to the media by news release and published in
23-28 appropriate publications of the authority. Each such
23-29 advertisement, news release, and publication shall also
23-30 contain:
23-31 (A) The time and place of the public hearing on the
23-32 proposed amendment, which public hearing shall be held
23-33 no earlier than 15 days after the latest publication
23-34 of the advertisement in the legal organ of Glynn or
23-35 Fulton County as required by this paragraph;
23-36 (B) Directions as to the manner of receiving comments
23-37 from the public regarding the proposed amendment; and
23-38 (C) The date on which the meeting of the authority at
23-39 which the proposed amendment will be considered for
23-40 approval or rejection, which meeting shall not be held
23-41 any sooner than 30 days after the meeting of the
23-42 authority at which the proposed amendment was
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24- 1 announced pursuant to paragraph (1) of this
24- 2 subsection;
24- 3 (3) The authority shall transmit three copies of the
24- 4 information required by paragraph (2) of this subsection
24- 5 to the Office of Legislative Counsel at least 30 days
24- 6 prior to the date of the meeting at which the proposed
24- 7 amendment will be considered. The Office of Legislative
24- 8 Counsel shall immediately furnish the presiding officers
24- 9 of each house with a copy of the information received.
24-10 The presiding officers, or the Office of Legislative
24-11 Counsel if the presiding officer is unavailable, shall
24-12 then assign the information to the chairperson of the
24-13 appropriate standing committee in each house for review
24-14 and provide copies to any member of that house who
24-15 makes, or has made, a standing written request;
24-16 (4) In the event a standing committee to which the
24-17 information has been assigned as provided in paragraph
24-18 (3) of this subsection files an objection to a proposed
24-19 amendment to the master plan with the chairperson of the
24-20 authority prior to the authority's taking action on the
24-21 proposed amendment and the authority adopts the proposed
24-22 amendment over the objection, the authority shall notify
24-23 the presiding officers of the Senate and House of
24-24 Representatives, the chairpersons of the standing
24-25 committees to which the information was referred, and
24-26 the Office of the Legislative Counsel within ten days
24-27 after the adoption of the amendment to the master plan.
24-28 Thereafter, by introduction of a resolution to override
24-29 the amendment within the first 30 days of the next
24-30 regular session of the General Assembly, the amendment
24-31 may be considered by the branch of the General Assembly
24-32 whose committee objected to its adoption. In the event
24-33 the resolution is adopted by the members of the branch
24-34 of the General Assembly in which it is introduced, it
24-35 shall be immediately transferred to the other branch of
24-36 the General Assembly, which branch shall consider the
24-37 resolution within five days of its being received. In
24-38 the event the resolution to override the amendment to
24-39 the master plan is adopted by a vote of two-thirds of
24-40 the members of each branch, the amendment to the master
24-41 plan shall be void on the day after the adoption of the
24-42 resolution by the second branch of the General Assembly.
24-43 In the event the resolution is ratified by a vote of
24-44 less than two-thirds of the members of either house, the
24-45 resolution shall be submitted to the Governor for
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25- 1 approval or veto. In the event the resolution fails to
25- 2 pass both houses or is vetoed by the Governor, the
25- 3 amendment to the master plan shall remain in effect. In
25- 4 the event of the Governor's approval of the resolution,
25- 5 the amendment to the master plan shall be void on the
25- 6 day after the date of the Governor's approval of the
25- 7 resolution;
25- 8 (5) Any proposed changes to the boundaries of the area
25- 9 or areas delineated on the master plan as the 65 percent
25-10 of the land area of Jekyll Island which lies above water
25-11 at mean high tide and over which the authority has no
25-12 power to improve, lease, or sell pursuant to subsection
25-13 (a) of Code Section 12-3-243 shall be surveyed and
25-14 marked at least seven days prior to the public hearing
25-15 required by paragraph (2) of this subsection in such a
25-16 fashion as to be readily discernible on the ground by
25-17 members of the public; and
25-18 (6) At the meeting of the authority which has been
25-19 identified in the advertisement required by paragraph
25-20 (2) of this subsection as the meeting to consider the
25-21 approval or rejection of the proposed amendment, the
25-22 authority shall consider in an open and public meeting
25-23 the proposed amendment to the master plan which, if
25-24 approved, shall become a part of the master plan,
25-25 subject, however, to the provisions of paragraph (4) of
25-26 this subsection."
SECTION 14.
25-27 Said title is further amended by inserting immediately
25-28 following paragraph (2) of Code Section 12-3-291, relating
25-29 to definitions relative to the North Georgia Mountains
25-30 Authority Act, a new subsection (2.1), to read as follows:
25-31 "(2.1) 'Master Plan' means that document to be created
25-32 under the auspices of and adopted by the authority of
25-33 one of its projects and as that master plan may be
25-34 amended from time to time pursuant to Code Section
25-35 12-3-294.1."
SECTION 15.
25-36 Said title is further amended by striking in its entirety
25-37 Code Section 12-3-292, relating to the membership of the
25-38 North Georgia Mountains Authority and the appointment of
25-39 members, and inserting in lieu thereof the following:
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26- 1 "12-3-292. (Index)
26- 2 (a) The authority shall consist of nine members who shall
26- 3 serve terms of four years from the date of their
26- 4 appointment and shall be appointed by the Governor from
26- 5 the same persons who comprise the Board of Natural
26- 6 Resources.
26- 7 (b) The Governor shall appoint the chairperson of the
26- 8 authority for a term of one year from among the members of
26- 9 the authority. A member may serve no more than two
26-10 consecutive terms as chairperson nor more than two terms
26-11 as chairperson in any one four year term as a member of
26-12 the authority. The authority shall elect one of its
26-13 members as chairman and another as vice-chairman
26-14 vice-chairperson. It shall also elect a secretary and a
26-15 treasurer who need not be members. The office of secretary
26-16 and treasurer may be combined in one person.
26-17 (c) The authority may make such bylaws for its government
26-18 as is deemed necessary, but is under no duty to do so.
26-19 (d) Any eight five members of the authority shall
26-20 constitute a quorum necessary for the transaction of
26-21 business; and a majority vote of those present at any
26-22 meeting at which there is a quorum shall be sufficient to
26-23 do and perform any action permitted by this part. No
26-24 vacancy on the authority shall impair the right of a
26-25 quorum to transact any and all business as aforesaid.
26-26 (e) The unexpired term of any member who ceases to serve
26-27 from any cause shall be filled in the same manner that
26-28 such member was originally appointed to the authority.
26-29 (f) The members shall receive no compensation for their
26-30 services, but all members shall be entitled to be
26-31 reimbursed for actual expenses, including travel and any
26-32 other expenses, incurred while in the performance of their
26-33 duties. Employees of the authority shall receive
26-34 reasonable compensation, to be determined by the members
26-35 of the authority, for their services."
SECTION 16.
26-36 Said title is further amended by striking in its entirety
26-37 Code Section 12-3-293, relating to the accountability of the
26-38 members of the North Georgia Mountains Authority as
26-39 trustees, and inserting in lieu thereof the following:
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27- 1 "12-3-293. (Index)
27- 2 The members of the authority shall be accountable in all
27- 3 respects as trustees. The authority shall keep suitable
27- 4 and proper books and records of all receipts, income, and
27- 5 expenditures of every kind and shall submit for inspection
27- 6 all of the books together with the proper statement of the
27- 7 authority's financial position at the close of its fiscal
27- 8 year each year to the state auditor. The books and
27- 9 records shall be inspected and audited by the state
27-10 auditor at least once in each year."
SECTION 17.
27-11 Said title is further amended by striking in its entirety
27-12 Code Section 12-3-294, relating to the powers of the
27-13 Authority generally, and inserting in lieu thereof the
27-14 following:
27-15 "12-3-294. (Index)
27-16 The authority shall have power:
27-17 (1) To have a seal and alter it at pleasure;
27-18 (2) To acquire real and personal property of every kind
27-19 and character by purchase or otherwise and to hold such
27-20 property; to mortgage, hypothecate, or otherwise
27-21 encumber its real and personal property for its
27-22 corporate purposes; to grant a security interest by
27-23 deed, financing statement, or bill of sale; and to
27-24 construct a project on lands held by the state;
27-25 (3) To exercise the power of eminent domain;
27-26 (4) To appoint and select officers, agents, and
27-27 employees, including engineering, architectural, and
27-28 construction experts, and to fix their compensation;
27-29 (5) To make contracts, and to execute all instruments
27-30 necessary or convenient, including contracts to borrow
27-31 money; contracts for mortgages, security deeds, or other
27-32 security interests; contracts for the construction of
27-33 projects; and contracts with respect to the leasing or
27-34 use of projects which it caused to be subdivided,
27-35 erected, or acquired or which it constructs or manages
27-36 pursuant to an agreement with the state;
27-37 (6) To plan, survey, subdivide, improve, administer,
27-38 construct, erect, acquire, own, repair, remodel,
27-39 maintain, add to, extend, improve, equip, operate, and
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28- 1 manage projects as defined in Code Section 12-3-291, to
28- 2 be located on property owned or leased by the authority
28- 3 or the state. The cost of any such project may be paid
28- 4 in whole or in part from funds of or available to the
28- 5 authority including but not limited to borrowed money,
28- 6 income, the proceeds of revenue bonds of the authority,
28- 7 and any grant from the United States of America or any
28- 8 agency or instrumentality thereof or from the State of
28- 9 Georgia; provided, however, that the authority shall not
28-10 undertake any such activity having a projected cost of
28-11 over $1 million unless it has first evaluated the
28-12 feasibility of involving private persons or entities in
28-13 the development, construction, operation, and management
28-14 of the authority's existing projects and such proposed
28-15 activities and has filed a copy of such evaluation with
28-16 the Office of Planning and Budget and the Recreational
28-17 Authorities Overview Committee;
28-18 (7) To accept loans and grants, either or both, of money
28-19 or materials or property of any kind from the United
28-20 States of America or any agency or instrumentality
28-21 thereof, upon such terms and conditions as the United
28-22 States of America or such agency or instrumentality may
28-23 impose;
28-24 (8) To borrow money for any of its corporate purposes,
28-25 and to issue negotiable revenue bonds from earnings of
28-26 projects, and to provide for the payment of the same and
28-27 for the rights of the holders thereof;
28-28 (9) To exercise any power usually possessed by private
28-29 corporations performing similar functions, which is not
28-30 in conflict with the Constitution and laws of this
28-31 state;
28-32 (10) To act as agent for the United States of America,
28-33 or any agency, department, corporation, or
28-34 instrumentality thereof, in any manner within the
28-35 purposes or powers of the authority;
28-36 (11) To adopt, alter, or repeal its own bylaws, rules,
28-37 and regulations governing the manner in which its
28-38 business may be transacted and in which the power
28-39 granted to it may be enjoyed, as the authority may deem
28-40 necessary or expedient in facilitating its business;
28-41 (12) To do any and all other acts and things in this
28-42 part authorized or required to be done, whether or not
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29- 1 included in the general powers mentioned in this Code
29- 2 section;
29- 3 (13) To receive gifts, donations, or contributions from
29- 4 any person, firm, or corporation;
29- 5 (14) To hold, use, administer, and expend such sum or
29- 6 sums as may hereafter be received from any source,
29- 7 including income or gifts, for any of the purposes of
29- 8 this authority;
29- 9 (14.1) To do any other things necessary or proper to
29-10 foster and promote the involvement of private persons,
29-11 firms, corporations, and partnerships in the
29-12 development, construction, operation, and management of
29-13 the authority's projects or projects which it manages
29-14 pursuant to an agreement with the state, including but
29-15 not limited to the entering into of contracts with such
29-16 private entities for the development, construction,
29-17 operation, and management of said projects for and on
29-18 behalf of the authority;
29-19 (15) To do any other things necessary or proper to
29-20 beautify, improve, and render projects self-supporting,
29-21 including the establishment and modification of all
29-22 reasonable fees, rentals, and other charges of whatever
29-23 kind it deems necessary;
29-24 (16) To construct, maintain, and operate a project in
29-25 White County, Georgia, to be known and designated as the
29-26 'Georgia Recreation Experiment Station.' In connection
29-27 with such project, the Governor is authorized to execute
29-28 for and on behalf of the state a lease upon any and all
29-29 lands owned and held by the state in such county to the
29-30 authority for a period not to exceed 50 years, such land
29-31 so leased to be used by the authority only in connection
29-32 with such project;
29-33 (17) To do all things necessary or convenient to carry
29-34 out the powers expressly given in this part; and
29-35 (18) Upon obtaining a license from the Department of
29-36 Revenue Subject to the provisions of Title 3 and a
29-37 referendum as required by Title 3, to sell or dispense
29-38 or to permit others to sell or dispense alcoholic
29-39 beverages within or upon property or facilities owned,
29-40 operated, managed, used, or controlled by the authority
29-41 for consumption on the premises; provided, however, that
29-42 the authority shall not sell or dispense alcoholic
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30- 1 beverages in unbroken containers to be carried off of
30- 2 the premises. The sales authorized by this paragraph
30- 3 shall be limited to hotels, motels, lodges, and
30- 4 convention halls and those auditoriums, club houses,
30- 5 meeting rooms, and restaurants related thereto. The
30- 6 authority shall determine and regulate by resolution, as
30- 7 it may amend from time to time, the conditions under
30- 8 which such sales or dispensing of alcoholic beverages
30- 9 for consumption on the premises shall be made or shall
30-10 be permitted. The authority shall give at least 30
30-11 days' public notice by publication in the county organ
30-12 of the county in which the property or facility is
30-13 located of its intent to adopt such a resolution or to
30-14 amend a previously adopted resolution. The authority
30-15 shall hold a public hearing at a convenient time and
30-16 location in such county at least 15 days prior to
30-17 adopting such a resolution to hear public comments. Any
30-18 such resolution or amendment to a previously adopted
30-19 resolution shall be adopted only at an open and public
30-20 meeting of the authority after the required public
30-21 notice has been given and the required public hearing
30-22 has been held."
SECTION 18.
30-23 Said title is further amended by inserting immediately
30-24 following Code Section 12-3-294 a new Code section to read
30-25 as follows:
30-26 "12-3-294.1. (Index)
30-27 (a) The authority shall, on or before July 1, 1996, cause
30-28 to be created a master plan for the management,
30-29 preservation, protection, and development of each of its
30-30 projects as defined in Code Section 12-3-291. The master
30-31 plans for adjacent or contiguous projects may be combined
30-32 into one document. The master plan for a project shall
30-33 delineate, based upon aerial or other appropriate means of
30-34 survey, the present and presently anticipated future uses
30-35 of the land area of each project and shall also designate
30-36 areas to be managed as environmentally sensitive,
30-37 historically sensitive, and active use areas.
30-38 (b) In the creation of a master plan for a project, the
30-39 Authority shall, after preparation of a preliminary plan,
30-40 give notice of the existence of the preliminary plan in
30-41 the legal organ of the county in which the project is
30-42 located and in at least two newspapers of state-wide
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31- 1 general circulation not less than 60 days prior to the
31- 2 meeting of the Authority at which the preliminary plan is
31- 3 to be considered for final adoption. After giving this
31- 4 notice, the authority shall hold a public hearing at a
31- 5 convenient location and receive and consider such oral and
31- 6 written comments on the preliminary plan as may be
31- 7 presented.
31- 8 (c) The authority, in the exercise of its authority to
31- 9 development, manage, preserve and protect its projects,
31-10 shall be guided by and shall adhere to the master plan for
31-11 a project, as the same may from time to time be amended as
31-12 provided in subsection (d) of this Code section.
31-13 (d) The authority may from time to time amend the master
31-14 plan for a project, but only in compliance with the
31-15 following procedure:
31-16 (1) Any proposed amendment to a master plan shall be
31-17 described in written form and, if capable of such
31-18 description, in visual form and presented publicly at a
31-19 regular meeting of the authority;
31-20 (2) After the proposed amendment is presented publicly
31-21 at a regular meeting of the Authority, a brief summary
31-22 of the proposed amendment shall be advertised in the
31-23 legal organ of the county where the project is located,
31-24 distributed to the media by news release, and published
31-25 in appropriate publications of the authority. Each such
31-26 advertisement, news release, and publication shall also
31-27 contain:
31-28 (A) The time and place of the public hearing on the
31-29 proposed amendment, which public hearing shall be held
31-30 no earlier than 15 days after the latest publication
31-31 of the advertisement in the legal organ as required by
31-32 this paragraph;
31-33 (B) Directions as to the manner of receiving comments
31-34 from the public regarding the proposed amendment; and
31-35 (C) The date on which the meeting of the authority at
31-36 which the proposed amendment will be considered for
31-37 approval or rejection, which meeting shall not be held
31-38 any sooner than 30 days after the meeting of the
31-39 authority at which the proposed change was announced
31-40 pursuant to paragraph (1) of this subsection;
31-41 (3) The authority shall transmit three copies of the
31-42 information required by paragraph (2) of this subsection
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32- 1 to the Office of Legislative Counsel at least 30 days
32- 2 prior to the date of the meeting at which the proposed
32- 3 amendment will be considered. The Office of Legislative
32- 4 Counsel shall immediately furnish the presiding officers
32- 5 of each house of the General Assembly with a copy of the
32- 6 information received. The presiding officers, or the
32- 7 Office of the Legislative Counsel if a presiding officer
32- 8 is unavailable, shall then assign the information to the
32- 9 chairperson of the appropriate standing committee in
32-10 each house for review and provide copies to any member
32-11 of that house who makes, or has made, a written request;
32-12 (4) In the event a standing committee to which the
32-13 information has been assigned as provided in paragraph
32-14 (3) of this subsection files an objection to a proposed
32-15 amendment to the master plan with the chairperson of the
32-16 authority prior to the authority's taking action on the
32-17 proposed amendment and the authority adopts the proposed
32-18 amendment over the objection, the authority shall notify
32-19 the presiding officers of the Senate and House of
32-20 Representatives, the chairpersons of the standing
32-21 committees to which the information was referred, and
32-22 the Office of the Legislative Counsel within ten days
32-23 after the adoption of the amendment to the master plan.
32-24 Thereafter, by introduction of a resolution to override
32-25 the amendment within the first 30 days of the next
32-26 regular session of the General Assembly, the amendment
32-27 may be considered by the branch of the General Assembly
32-28 whose committee objected to its adoption. In the event
32-29 the resolution is adopted by the members of the branch
32-30 of the General Assembly in which it is introduced, it
32-31 shall be immediately transferred to the other branch of
32-32 the General Assembly, which branch shall consider the
32-33 resolution within five days of its being received. In
32-34 the event the resolution to override the amendment to
32-35 the master plan is adopted by a vote of two-thirds of
32-36 the members of each branch, the amendment to the master
32-37 plan shall be void on the day after the adoption of the
32-38 resolution by the second branch of the General Assembly.
32-39 In the event the resolution is ratified by a vote of
32-40 less than two-thirds of the members of either house, the
32-41 resolution shall be submitted to the Governor for
32-42 approval or veto. In the event the resolution fails to
32-43 pass both houses or is vetoed by the Governor, the
32-44 amendment to the master plan shall remain in effect. In
32-45 the event of the Governor's approval of the resolution,
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33- 1 the amendment to the master plan shall be void on the
33- 2 day after the date of the Governor's approval of the
33- 3 resolution;
33- 4 (5) Any proposed changes to the boundaries of any area
33- 5 or areas delineated on a master plan as a part of an
33- 6 area designated to be managed as environmentally or
33- 7 historically sensitive shall, at least seven days prior
33- 8 to the public hearing required by paragraph (2) of this
33- 9 subsection, be surveyed and marked in such a fashion as
33-10 to be readily discernible on the ground by members of
33-11 the public; and
33-12 (6) At the meeting of the Authority which has been
33-13 identified in the advertisement required by paragraph
33-14 (2) of this subsection as the meeting to consider the
33-15 approval or rejection of the proposed amendment, the
33-16 authority shall consider in an open and public meeting
33-17 the proposed amendment to the master plan, which, if
33-18 approved, shall become a part of the master plan for
33-19 that project, subject, however, to the provisions of
33-20 paragraph (4) of this subsection."
SECTION 19.
33-21 Said title is further amended by inserting immediately
33-22 following paragraph (3) of Code Section 12-3-310, relating
33-23 to definitions relative to the Lake Lanier Islands
33-24 Development Authority, a new paragraph to read as follows:
33-25 "(3.1) 'Master plan' means that document to be created
33-26 under the auspices of and adopted by the authority of
33-27 one of its projects and as that master plan may be
33-28 amended from time to time pursuant to Code Section
33-29 12-3-314.1."
SECTION 20.
33-30 Said title is further amended by striking in its entirety
33-31 Code Section 12-3-312, relating to the membership of the
33-32 Lake Lanier Islands Development Authority and the
33-33 appointment of members, and inserting in lieu thereof the
33-34 following:
33-35 "12-3-312. (Index)
33-36 (a) The authority shall consist of nine members as
33-37 follows: the commissioner of natural resources or his or
33-38 her designee and eight additional members appointed by the
33-39 Governor as follows:
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34- 1 (1) Five members from the state at large;
34- 2 (2) One member from Forsyth County;
34- 3 (3) One member from Hall County; and
34- 4 (4) One member from Gwinnett County.
34- 5 Each member appointed by the Governor under this Code
34- 6 section shall serve for a term of four years, with the
34- 7 beginning and ending dates of terms to be specified by the
34- 8 Governor, and until his or her successor is appointed and
34- 9 has qualified.
34-10 (b) The Governor shall appoint the chairperson of the
34-11 authority for a term of one year from among the members of
34-12 the authority. A member may serve no more than two
34-13 consecutive terms as chairperson nor more than two terms
34-14 as chairperson in any one four year term as a member of
34-15 the authority. The members of the authority shall elect
34-16 one of their members as chairman and another as
34-17 vice-chairman vice-chairperson. They shall also elect a
34-18 secretary and a treasurer who need not be members. The
34-19 office of secretary and treasurer may be combined in one
34-20 person.
34-21 (c) The authority may make such bylaws for its government
34-22 as is deemed necessary, but it is under no obligation to
34-23 do so.
34-24 (d) Any five members of the authority shall constitute a
34-25 quorum necessary for the transaction of business; and a
34-26 majority vote of those present at any meeting at which
34-27 there is a quorum shall be sufficient to do and perform
34-28 any action permitted to the authority by this part.
34-29 However, no person shall be entitled to exercise or cast a
34-30 proxy vote for any member. No vacancy on the authority
34-31 shall impair the right of a quorum to transact any and all
34-32 business as aforesaid.
34-33 (e) The members shall receive no compensation for their
34-34 services, but all members shall be entitled to be
34-35 reimbursed for actual expenses, including travel and any
34-36 other expenses, incurred while in the performance of their
34-37 duties. Employees of the authority shall receive
34-38 reasonable compensation, to be determined by the members
34-39 of the authority, for their services.
34-40 (f) All members of the authority shall immediately enter
34-41 upon their duties without further act or formality."
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SECTION 21.
35- 1 Said title is further amended by striking in its entirety
35- 2 Code Section 12-3-313, relating to the accountability of the
35- 3 members of the Lake Lanier Islands Development Authority as
35- 4 trustees, and inserting in lieu thereof the following:
35- 5 "12-3-313. (Index)
35- 6 The members of the authority shall be accountable in all
35- 7 respects as trustees. The authority shall keep suitable
35- 8 and proper books and records of all receipts, income, and
35- 9 expenditures of every kind, and shall submit for
35-10 inspection all the books together with the proper
35-11 statement of the authority's financial position once a
35-12 year on or about December 31 to the state auditor. The
35-13 books and records shall be inspected and audited by the
35-14 state auditor at least once in each year."
SECTION 22.
35-15 Said title is further amended by striking in its entirety
35-16 Code Section 12-3-314, relating to the powers of the Lake
35-17 Lanier Islands Development Authority generally, and
35-18 inserting in lieu thereof the following:
35-19 "12-3-314. (Index)
35-20 The authority shall have power:
35-21 (1) To have a seal and alter it at pleasure;
35-22 (2) To acquire, hold, and dispose of personal property
35-23 for its corporate purposes;
35-24 (3) To appoint, select, and employ officers, agents, and
35-25 employees, including engineering, architectural, and
35-26 construction experts, fiscal agents, and attorneys; to
35-27 contract for the services of individuals or
35-28 organizations not employed full time by the authority
35-29 who or which are engaged primarily in the rendition of
35-30 personal services rather than the sale of goods or
35-31 merchandise, such as, but not limited to, the services
35-32 of attorneys, accountants, engineers, architects,
35-33 consultants, and advisors advisers, and to allow
35-34 suitable compensation for such services; and to make
35-35 provisions for group insurance, retirement, or other
35-36 employee benefit arrangements, provided that no
35-37 part-time or contract employees shall participate in
35-38 group insurance or retirement benefits;
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36- 1 (4) To make contracts and to execute all instruments
36- 2 necessary or convenient, including contracts for
36- 3 construction of projects or contracts with respect to
36- 4 the leasing or use of projects which the authority
36- 5 causes to be subdivided, erected, or acquired;
36- 6 (5) To plan, survey, subdivide, administer, construct,
36- 7 erect, acquire, own, repair, remodel, maintain, add to,
36- 8 extend, improve, equip, operate, and manage projects as
36- 9 defined in this part, such projects to be located on
36-10 property owned or leased by the authority. The cost of
36-11 any such project shall be paid from its income, from the
36-12 proceeds of revenue anticipation certificates of the
36-13 authority, or from such proceeds and any loan, gift, or
36-14 grant from the United States of America or any agency or
36-15 instrumentality thereof, or the State of Georgia, or any
36-16 county, municipal, or local government or governing
36-17 body; provided, however, that the authority shall not
36-18 undertake any such activity having a projected cost of
36-19 over $1 million unless it has first evaluated the
36-20 feasibility of involving private persons or entities in
36-21 the development, construction, operation, and management
36-22 of the authority's existing projects and such proposed
36-23 activities and has filed a copy of such evaluation with
36-24 the Office of Planning and Budget and the Recreational
36-25 Authorities Overview Committee;
36-26 (6) To accept loans or grants, or both, of money,
36-27 materials, or property of any kind from the United
36-28 States of America or any agency or instrumentality
36-29 thereof, including the Department of Housing and Urban
36-30 Development, upon such terms and conditions as the
36-31 United States of America or such agency or
36-32 instrumentality, including the Department of Housing and
36-33 Urban Development, may impose;
36-34 (7) To borrow money for any of its corporate purposes,
36-35 to issue negotiable revenue anticipation certificates
36-36 from earnings of such projects, and to provide for the
36-37 payment of the same and for the rights of the holders
36-38 thereof;
36-39 (8) To exercise any power which is usually possessed by
36-40 private corporations performing similar functions and
36-41 which is not in conflict with the Constitution and laws
36-42 of this state;
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37- 1 (9) To act as agent for the United States of America, or
37- 2 any agency, department, corporation, or instrumentality
37- 3 thereof, in any manner within the purposes or powers of
37- 4 the authority;
37- 5 (10) To adopt, alter, or repeal its own bylaws, rules,
37- 6 and regulations governing the manner in which its
37- 7 business may be transacted and in which the power
37- 8 granted to it may be enjoyed, as the authority may deem
37- 9 necessary or expedient in facilitating its business;
37-10 (11) To receive and accept loans, gifts, grants,
37-11 donations, or contributions of property, facilities, or
37-12 services, with or without consideration, from any
37-13 person, firm, or corporation or from the State of
37-14 Georgia, or any agency or instrumentality thereof, or
37-15 from any county, municipal, or local government or
37-16 governing body;
37-17 (12) To hold, use, administer, and expend such sum or
37-18 sums as may hereafter be received as income, as gifts,
37-19 or as appropriations by authority of the General
37-20 Assembly for any of the purposes of this authority;
37-21 (13) To do any other things necessary or proper to
37-22 beautify, improve, and render self-supporting the island
37-23 park, to make its facilities available to people of
37-24 average income, and to advertise its beauties to the
37-25 world;
37-26 (14) To acquire, lease (as lessee), purchase, hold, own,
37-27 and use any franchise or any property, real or personal,
37-28 tangible or intangible, or any interest therein; and to
37-29 sell, lease (as lessor), transfer, or dispose thereof
37-30 whenever the same is no longer required for purposes of
37-31 the authority, or exchange the same for other property
37-32 or rights which are useful for the purposes of the
37-33 authority;
37-34 (15) To fix, alter, charge, and collect fares, rates,
37-35 rentals, and other charges for its facilities and for
37-36 admission to the islands at reasonable rates to be
37-37 determined exclusively by the authority;
37-38 (16) To operate for hire boats, taxicabs, trains,
37-39 trolleys, and other vehicles, systems, and facilities
37-40 and other activities designed for the transportation of
37-41 persons and property on the islands; to provide
37-42 concessions, off-street parking, and other facilities
H. B. No. 120
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38- 1 for the comfort, safety, and convenience of visitors and
38- 2 other persons on the islands;
38- 3 (17) To invest and reinvest any or all idle funds or
38- 4 moneys, including, but not limited to, funds held in
38- 5 reserve or debt retirement or received through the
38- 6 issuance of revenue certificates or from contributions,
38- 7 gifts, or grants, which cannot be immediately used for
38- 8 the purpose for which received, such investment to be
38- 9 made in any security or securities which are legal
38-10 investments for executors or trustees; provided,
38-11 however, that investments in such securities will at all
38-12 times be held for and, when sold, used for the purposes
38-13 for which the money was originally received;
38-14 (18) To grant, on an exclusive or nonexclusive basis,
38-15 the right to use and occupy streets, roads, sidewalks,
38-16 and other public places for the purpose of rendering
38-17 utility services, upon such conditions and for such time
38-18 as the authority may deem wise;
38-19 (19) To do all things necessary or convenient to carry
38-20 out the powers expressly given in this part; and to do
38-21 any and all other acts and things which this part
38-22 authorizes or requires to be done, whether or not
38-23 included in the general powers mentioned in this Code
38-24 section; or
38-25 (20) To sell or authorize others to sell, upon obtaining
38-26 a license from the Department of Revenue, alcoholic
38-27 beverages for consumption on the premises only:
38-28 (A) Upon property owned or controlled by the authority
38-29 and located within the territorial limits of property
38-30 controlled by the authority; and
38-31 (B) Upon watercraft owned or controlled by the
38-32 authority operating on Lake Sidney Lanier from such
38-33 property.
38-34 The authority shall determine by resolution, as it may
38-35 amend from time to time, the conditions, including hours
38-36 and days of sale, under which such sales shall be
38-37 permitted."
SECTION 23.
38-38 Said title is further amended by inserting immediately
38-39 following Code Section 12-3-314 a new Code section to read
38-40 as follows:
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39- 1 "12-3-314.1. (Index)
39- 2 (a) The authority shall, on or before July 1, 1996, cause
39- 3 to be created a master plan for the management,
39- 4 preservation, protection, and development of each of its
39- 5 projects as defined in Code Section 12-3-310. The master
39- 6 plans for adjacent or contiguous projects may be combined
39- 7 into one document. The master plan for a project shall
39- 8 delineate, based upon aerial or other appropriate means of
39- 9 survey, the present and presently anticipated future uses
39-10 of the land area of each project and shall also designate
39-11 areas to be managed as environmentally sensitive and
39-12 active use areas.
39-13 (b) In the creation of a master plan for a project, the
39-14 authority shall, after preparation of a preliminary plan,
39-15 give notice of the existence of the preliminary plan in
39-16 the legal organ of the county in which the project is
39-17 located and in at least two newspapers of state-wide
39-18 general circulation not less than 60 days prior to the
39-19 meeting of the authority at which the preliminary plan is
39-20 to be considered for final adoption. After giving this
39-21 notice, the authority shall hold a public hearing at a
39-22 convenient location and receive and consider such oral and
39-23 written comments on the preliminary plan as may be
39-24 presented.
39-25 (c) The authority, in the exercise of its authority to
39-26 development, manage, preserve, and protect its projects,
39-27 shall be guided by and shall adhere to the master plan for
39-28 a project, as the same may from time to time be amended as
39-29 provided in subsection (d).
39-30 (d) The authority may from time to time amend the master
39-31 plan for a project, but only in compliance with the
39-32 following procedure:
39-33 (1) Any proposed amendment to a master plan shall be
39-34 described in written form and, if capable of such
39-35 description, in visual form and presented publicly at a
39-36 regular meeting of the authority;
39-37 (2) After the proposed amendment is presented publicly
39-38 at a regular meeting of the authority, a brief summary
39-39 of the proposed amendment shall be advertised in the
39-40 legal organ of the county where the project is located,
39-41 distributed to the media by news release and published
39-42 in appropriate publications of the authority. Each such
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40- 1 advertisement, news release, and publication shall also
40- 2 contain:
40- 3 (A) The time and place of the public hearing on the
40- 4 proposed amendment, which public hearing shall be held
40- 5 no earlier than 15 days after the latest publication
40- 6 of the advertisement in the legal organ as required by
40- 7 this paragraph;
40- 8 (B) Directions as to the manner of receiving comments
40- 9 from the public regarding the proposed amendment; and
40-10 (C) The date on which the meeting of the authority at
40-11 which the proposed amendment will be considered for
40-12 approval or rejection, which meeting shall not be held
40-13 any sooner than 30 days after the meeting of the
40-14 authority at which the proposed change was announced
40-15 pursuant to paragraph (1) of this subsection;
40-16 (3) The authority shall transmit three copies of the
40-17 information required by paragraph (2) of this subsection
40-18 to the Office of Legislative Counsel at least 30 days
40-19 prior to the date of the meeting at which the proposed
40-20 amendment will be considered. The Office of Legislative
40-21 Counsel shall immediately furnish the presiding officers
40-22 of each house of the General Assembly with a copy of the
40-23 information received. The presiding officers, or the
40-24 Office of the Legislative Counsel if a presiding officer
40-25 is unavailable, shall then assign the information to the
40-26 chairperson of the appropriate standing committee in
40-27 each house for review and provide copies to any member
40-28 of that house who makes or has made a written request;
40-29 (4) In the event a standing committee to which the
40-30 information has been assigned as provided in paragraph
40-31 (3) of this subsection files an objection to a proposed
40-32 amendment to the master plan with the chairperson of the
40-33 authority prior to the authority's taking action on the
40-34 proposed amendment and the authority adopts the proposed
40-35 amendment over the objection, the authority shall notify
40-36 the presiding officers of the Senate and House of
40-37 Representatives, the chairpersons of the standing
40-38 committees to which the information was referred, and
40-39 the Office of the Legislative Counsel within ten days
40-40 after the adoption of the amendment to the master plan.
40-41 Thereafter, by introduction of a resolution to override
40-42 the amendment within the first 30 days of the next
40-43 regular session of the General Assembly, the amendment
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41- 1 may be considered by the branch of the General Assembly
41- 2 whose committee objected to its adoption. In the event
41- 3 the resolution is adopted by the members of the branch
41- 4 of the General Assembly in which it is introduced, it
41- 5 shall be immediately transferred to the other branch of
41- 6 the General Assembly, which branch shall consider the
41- 7 resolution within five days of its being received. In
41- 8 the event the resolution to override the amendment to
41- 9 the master plan is adopted by a vote of two-thirds of
41-10 the members of each branch, the amendment to the master
41-11 plan shall be void on the day after the adoption of the
41-12 resolution by the second branch of the General Assembly.
41-13 In the event the resolution is ratified by a vote of
41-14 less than two-thirds of the members of either house, the
41-15 resolution shall be submitted to the Governor for
41-16 approval or veto. In the event the resolution fails to
41-17 pass both houses or is vetoed by the Governor, the
41-18 amendment to the master plan shall remain in effect. In
41-19 the event of the Governor's approval of the resolution,
41-20 the amendment to the master plan shall be void on the
41-21 day after the date of the Governor's approval of the
41-22 resolution;
41-23 (5) Any proposed changes to the boundaries of any area
41-24 or areas delineated on a master plan as a part of an
41-25 area designated to be managed as environmentally
41-26 sensitive shall, at least seven days prior to the public
41-27 hearing required by paragraph (2) of this subsection, be
41-28 surveyed and marked in such a fashion as to be readily
41-29 discernible on the ground by members of the public; and
41-30 (6) At the meeting of the authority which has been
41-31 identified in the advertisement required by paragraph
41-32 (2) of this subsection as the meeting to consider the
41-33 approval or rejection of the proposed amendment, the
41-34 authority shall consider in an open and public meeting
41-35 the proposed amendment to the master plan, which, if
41-36 approved, shall become a part of the master plan for
41-37 that project, subject, however, to the provisions of
41-38 paragraph (4) of this subsection."
SECTION 24.
41-39 This Act shall become effective upon its approval by the
41-40 Governor or upon its becoming law without such approval.
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SECTION 25.
42- 1 All laws and parts of laws in conflict with this Act are
42- 2 repealed.
H. B. No. 120
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97