05 SB158/AP
Senate
Bill 158
By:
Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th,
Seabaugh of the 28th, Chance of the 16th and others
AS PASSED
AS PASSED
AN
ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to provide for the comprehensive revision of provisions
regarding state property; to provide for consolidation and effective management
of the rental of administrative space and the acquisition, use, and disposition
of real property by the state and state authorities; to repeal Article 2 of
Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State
Space Management Act of 1976"; to provide for the transfer of powers, duties,
and responsibilities of the commissioner of administrative services and the
Department of Administrative Services regarding space management to the State
Properties Commission; to change certain provisions relating to projects,
composition, administrative assignment, powers, and duties of the Georgia
Building Authority; to repeal Article 6 of Chapter 9 of Title 50 of the Official
Code of Georgia Annotated, relating to inventory of state buildings; to change
certain provisions regarding the composition, powers, duties, authority, and
administrative assignment of the State Properties Commission; to provide for the
transfer to the State Properties Commission of certain assets, contracts,
leases, agreements, obligations, funds, and personnel of the commissioner of
administrative services and the Department of Administrative Services; to
provide for a state property officer and the powers, duties, and authority of
such officer; to provide for powers, duties, and authority of the State
Properties Commission with respect to inventory and management of administrative
space; to provide for duties and responsibilities of state entities with respect
to information compilation regarding state facilities; to amend Title 34 of the
Official Code of Georgia Annotated, relating to labor and industrial relations,
so as to repeal certain provisions regarding the lease of property; to amend
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to
leasing of state owned lands, so as to change a cross-reference; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by striking Article 2 of Chapter 5, the "State Space Management Act of
1976," and inserting in its place a new Article 2 to read as
follows:
"ARTICLE
2
50-5-30.
Reserved."
SECTION
2.
Said
title is further amended by striking paragraph (4) of Code Section 50-9-2,
relating to definitions with respect to the Georgia Building Authority, and
inserting in its place a new paragraph (4) to read as follows:
"(4)
'Project' means and includes one or a combination of two or more of the
following: buildings and facilities intended for use as offices and related uses
and all structures, including electric, gas, steam, and water utilities and
facilities of every kind and character deemed by the authority necessary or
convenient for the efficient operation of any department, board, commission, or
agency of the state. Without limiting the foregoing and without further
determination of necessity or convenience, the word 'project' also means and
includes public parks and public parking facilities adjacent to the state
capitol other than the facilities within or connected to state owned or state
leased buildings; a parking facility on the 'Old Incinerator' site acquired in
1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia;
an executive mansion and buildings, structures, and facilities of every kind and
character for use in conjunction with the mansion regardless of whether the
buildings, structures, and facilities are physically connected with such
mansion; and a Department of Transportation laboratory and buildings,
structures, and facilities of every kind and character for use in conjunction
with the laboratory, regardless of whether the buildings, structures, and
facilities are physically connected with the laboratory, provided that the
buildings, structures, and facilities are built and constructed on property
owned by the Department of Transportation at Forest Park,
Georgia."
SECTION
3.
Said
title is further amended by striking Code Section 50-9-3, relating to the
creation of the Georgia Building Authority, and inserting in its place a new
Code Section 50-9-3 to read as follows:
"50-9-3.
There
is created a body corporate and politic to be known as the Georgia Building
Authority which shall be deemed to be an instrumentality of the state and a
public corporation, and by that name, style, and title the body may contract and
be contracted with, implead and be impleaded, and bring and defend actions in
all courts. The authority shall consist of the the same persons who comprise the
State Properties Commission. Each member shall serve under the same terms and
conditions as provided for in Code Section 50-16-32. The state property officer
appointed by the Governor pursuant to Code Section 50-16-35 shall serve as
executive director of the authority. The authority shall make rules and
regulations for its own government. It shall have perpetual existence. Any
change in name or composition of the authority shall in no way affect the vested
rights of any person under this article and Article 2 of this chapter nor impair
the obligations of any contracts existing under this article and Article 2 of
this
chapter."
SECTION
4.
Said
title is further amended by striking Code Section 50-9-4, relating to the
assignment of the Georgia Building Authority for administrative purposes, and
inserting in its place a new Code Section 50-9-4 to read as
follows:
"50-9-4.
The
authority is assigned to the State Properties Commission for administrative
purposes only as prescribed in Code Section
50-4-3."
SECTION
5.
Said
title is further amended by striking Code Section 50-9-5, relating to the
general powers of the Georgia Building Authority, and inserting in its place a
new Code Section 50-9-5 to read as follows:
"50-9-5.
The
authority shall have the powers:
(1)
To have a seal and alter the same at pleasure;
(2)
To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate
purposes;
(3)
To acquire in its own name by purchase, on such terms and conditions and in such
manner as it may deem proper, or by condemnation, in accordance with any and all
laws applicable to the condemnation of property for public use, real property or
rights of easements therein or franchises necessary or convenient for its
corporate purposes and to use the same so long as its corporate existence shall
continue and to lease or make contracts with respect to the use of or disposal
of the same in any manner it deems to the best advantage of the authority, the
authority being under no obligation to accept and pay for any property condemned
under this chapter except from the funds provided under the authority of this
chapter; and in any proceedings to condemn, such orders may be made by the court
having jurisdiction of the action or proceeding as may be just to the authority
and to the owners of the property to be condemned. No property shall be acquired
under this chapter upon which any lien or other encumbrance exists unless at the
time such property is so acquired a sufficient sum of money is deposited in
trust to pay and redeem the fair value of the lien or encumbrance; and if the
authority shall deem it expedient to construct any project on lands which are a
part of the real estate holdings of the state, the Governor is authorized to
execute for and on behalf of the state a lease of the lands to the authority for
such parcel or parcels as shall be needed for a period not to exceed 50 years.
If the authority shall deem it expedient to construct any project on any other
lands the title to which shall then be in the state, the Governor is authorized
to convey, for and in behalf of the state, title to such lands to the
authority;
(4)
To appoint and select officers, agents, and employees, including engineering,
architectural, and construction experts, fiscal agents, and attorneys, and fix
their compensation and to serve as financial adviser and agent to other state
authorities;
(5)
To make contracts and leases and to execute all instruments necessary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which it causes to be
erected or acquired; and any and all political subdivisions, departments,
institutions, or agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for such purposes
as they deem advisable. Without limiting the generality of the above, authority
is specifically granted to any department, board, commission, agency, or
appellate court of the state to enter into contracts and lease agreements for
the use or concerning the use of any structure, building, or facilities or a
combination of any two or more structures, buildings, or facilities of the
authority for a term not exceeding 50 years; and any department, board,
commission, or agency of the state may obligate itself to pay an agreed sum for
the use of the property so leased and also to obligate itself as part of the
lease contract to pay the cost of maintaining, repairing, and operating the
property leased from the authority;
(6)
To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects, as defined in Code Section 50-9-2,
to be located on property owned by or leased by the authority, the cost of any
such project to be paid in whole or in part from the proceeds of revenue bonds
of the authority or from such proceeds and any grant from the United States or
any agency or instrumentality thereof;
(7)
To accept loans or grants of money or materials or property of any kind from the
United States or any agency or instrumentality thereof upon such terms and
conditions as the United States or the agency or instrumentality may
impose;
(8)
To borrow money for any of its corporate purposes and to issue negotiable
revenue bonds payable solely from funds pledged for that purpose and to provide
for the payment of the same and for the rights of the holders
thereof;
(9)
To exercise any power usually possessed by private corporations performing
similar functions, which is not in conflict with the Constitution and laws of
this state; and
(10)
To do all things necessary or convenient to carry out the powers expressly given
in this
chapter."
SECTION
6.
Said
title is further amended by repealing in its entirety Article 6 of Chapter 9,
relating to the inventory of state buildings which reads as
follows:
"ARTICLE
6
50-9-110.
As
used in this article, the term:
(1)
'Authority' means the Georgia Building Authority.
(2)
'State' means the State of Georgia and any of its offices, agencies,
authorities, departments, commissions, boards, divisions, instrumentalities, and
institutions but does not include counties, municipalities, school districts,
other units of local government, hospital authorities, or housing and other
local authorities.
(3)
'State building' means a building owned by the state or under the custody or
control of the state or insured by the program of self-insurance established
under Code Sections 50-16-8 through 50-16-11.
(4)
'State entity' means either of the entities listed in paragraph (2) of this
subsection.
50-9-111.
(a)
Beginning July 1, 1999, each state entity shall compile information on all state
buildings under the custody or control of such state entity necessary for the
compilation of an inventory of all state owned or leased buildings; provided,
however, that all improvements acquired for public works that will ultimately be
disposed of are excluded from the requirements of this article. On or before
October 1, 1999, and as changes occur, but by no later than such date annually,
each state entity shall send such information to the authority. The authority
shall compile the information in an electronic format and produce a report to
the chairperson of the State Institutions and Property Committee of the Georgia
House of Representatives and to the chairperson of the Finance and Public
Utilities Committee of the Georgia Senate.
(b)
The inventory shall be accomplished by the completion of a form for each state
building under the custody or control of such state entity. The form shall be
designed and promulgated by the authority.
(c)
The inventory required by subsection (a) of this Code section shall include, as
a minimum, the following:
(1)
The name of the building or another description identifying the
building;
(2)
The location of the building;
(3)
The name of the building manager or, in the case of a state building which is
leased to a tenant who is responsible for the operation of the building, the
tenant or the tenant´s building manager;
(4)
The square footage of the building;
(5)
Information as to whether such building is currently in use by the state entity
or is being leased to a private tenant by such state entity;
(6)
The nature of the use of the building at the time inventory is
made;
(7)
Estimation of the building´s fair market value or replacement value at the
time inventory is made, and if the building is leased to a private tenant who is
responsible for the operation of the building, an estimation of the fair market
value of the building at the time the lease agreement was executed;
(8)
Information on major building components, such as electrical, mechanical,
structural, roof, elevators, escalators, underground storage tanks, emergency
generators, boilers, and life safety systems, and their estimated expected
life;
(9)
Information on the age of the building and its historic significance, if
any;
(10)
Information on the accessibility of the building and grounds;
(11)
Information on energy consumption and utility connections and usage;
and
(12)
Other information required by the authority, the chairperson of the State
Institutions and Property Committee of the Georgia House of Representatives, or
the chairperson of the Finance and Public Utilities Committee of the Georgia
Senate."
SECTION
7.
Said
title is further amended by adding a new paragraph immediately following
paragraph (1) of Code Section 50-16-31, relating to the definitions regarding
the State Properties Code, to be designated paragraph (1.1), to read as
follows:
"(1.1)
'Administrative space' means any space, whether existing or to be constructed,
that is required by a state entity for office, storage, or special purposes and
that is required for the core mission of such state entity. In order to be
required, the space must be necessary for and utilized in either:
(A)
The performance of the duties that the state entity is obligated by law to
perform; or
(B)
The delivery of the services that the state entity is authorized or required by
law to
provide."
SECTION
8.
Said
title is further amended by adding a new paragraph immediately following
paragraph (3) of Code Section 50-16-31, relating to the definitions regarding
the State Properties Code, to be designated paragraph (3.1), to read as
follows:
"(3.1)
'Entities' or 'entity' means any and all constitutional offices, as well as all
authorities, departments, divisions, boards, bureaus, commissions, agencies,
instrumentalities, or institutions of the
state."
SECTION
9.
Said
title is further amended by striking Code Section 50-16-32, relating to
creation, membership, and organization of the State Properties Commission, and
inserting in its place a new Code Section 50-16-32, to read as
follows:
"50-16-32.
(a)
There is created within the executive branch of state government a public body
which shall be known as the State Properties Commission and which shall consist
of seven members and be composed of the Governor; the Secretary of State; the
state accounting officer; one citizen appointed by the Governor for terms ending
on April 1 in each odd-numbered year; the director of the Office of Treasury and
Fiscal Services; one citizen appointed by the Speaker of the House of
Representatives for terms ending on April 1 in each odd-numbered year; and one
citizen appointed by the Lieutenant Governor for terms ending on April 1 in each
odd-numbered year. The term of office of the appointed members of the commission
is continued until their successors are duly appointed and qualified. The
Lieutenant Governor may serve as an appointed citizen member.
(b)
The Governor shall be the chairperson of the commission, the state accounting
officer shall be its vice chairperson, and the Secretary of State shall be its
secretary. Four members of the commission shall constitute a quorum. No vacancy
on the commission shall impair the right of the quorum to exercise the powers
and perform the duties of the commission. With the sole exception of
acquisitions of real property, which acquisitions shall require four affirmative
votes of the membership of the commission present and voting at any meeting, the
business, powers, and duties of the commission may be transacted, exercised, and
performed by a majority vote of the commission members present and voting at a
meeting when more than a quorum is present and voting or by a majority vote of a
quorum when only a quorum is present and voting at a meeting. An abstention in
voting shall be considered as that member not being present and not voting in
the matter on which the vote is taken. No person may be appointed, elected, or
serve on the commission who is a member of the legislative or judicial branch of
government. In the event any ex officio member is determined to be in either the
legislative or judicial branch of government, the General Assembly declares that
it would have passed this article without such ex officio position on the
commission and would have reduced the quorum and vote required of the commission
on all actions accordingly.
(c)
Meetings shall be held on the call of the chairperson, vice chairperson, or two
commission members whenever necessary to the performance of the duties of the
commission. Minutes or transcripts shall be kept of all meetings of the
commission and in the minutes or transcripts there shall be kept a record of the
vote of each commission member on all questions, acquisitions, transactions, and
all other matters coming before the commission. The secretary shall give or
cause to be given to each commission member, not less than three days prior to
the meeting, written notice of the date, time, and place of each meeting of the
commission.
(d)
The commission shall adopt a seal for its use and may adopt bylaws for its
internal government and procedures.
(e)
Members of the commission who are also state officials shall receive only their
traveling and other actual expenses incurred in the performance of their
official duties as commission members. Citizen members shall receive the same
expense allowance per day as that received by a member of the General Assembly
for each day any such member of the commission is in attendance at a meeting or
carrying out official duties of the commission inside or outside the state, plus
reimbursement for actual transportation costs while traveling by public carrier
or the legal mileage rate for the use of a personal automobile inside or outside
the state while attending meetings or carrying out their official duties as
members of the commission.
(f)
The commission shall receive all assets of and the commission shall be
responsible for any contracts, leases, agreements, or other obligations of the
Department of Administrative Services under the former provisions of Article 2
of Chapter 5 of this title, the 'State Space Management Act of 1976.' The
commission is substituted as a party to any such contract, agreement, lease, or
other obligation and the same responsibilities respecting such matters as if it
had been the original party and is entitled to all prerogatives, benefits, and
rights of enforcement by the commissioner of administrative services and
Department of Administrative Services. Appropriations and other funds of the
Department of Administrative Services encumbered, required, or held for
functions transferred to the commission shall be transferred to the commission
as provided for in Code Section 45-12-90, relating to disposition of
appropriations for duties, purposes, and objects which have been transferred.
Personnel, equipment, and facilities previously employed by the Department of
Administrative Services for such transferred functions shall likewise be
transferred to the commission. Upon the effective date of this Code section,
all personnel positions authorized by the Department of Administrative Services
in fiscal year 2006 for such functions shall be transferred to the commission,
and all employees of the department whose positions are transferred by the
Department of Administrative Services to the commission shall become employees
of the commission in the unclassified service as defined by Code Section
45-20-6."
SECTION
10.
Said
title is further amended by striking Code Section 50-16-33, relating to
assignment of the State Properties Commission to the Department of
Administrative Services, and inserting in its place a new Code Section 50-16-33
to read as follows:
"50-16-33.
Reserved."
SECTION
11.
Said
title is further amended the striking paragraph (17) of Code Section 50-16-34,
relating to the providing or performing of acquisition related services to or
for state agencies, state authorities, and other instrumentalities of the state,
and inserting in its place a new paragraph (17) of Code Section 50-16-34 to read
as follows:
"(17)
Provide or perform acquisition related services to or for all state
entities."
SECTION
12.
Said
title is further amended by striking subsection (a) of Code Section 50-16-35,
relating to the employment of personnel by the State Properties Commission and
the authority and duties of the executive director, and inserting in its place a
new subsection (a) to read as follows:
"(a)(1)
The Governor shall appoint a state property officer who shall serve as the
executive director of the commission. The state property officer
shall:
(A)
Advise the Governor on opportunities to achieve the goal of state-wide real
property management;
(B)
Develop policies and procedures for state-wide real property
management;
(C)
Maintain a state-wide real property management system that has consolidated real
property, building, and lease information for state entities;
(D)
Develop and maintain a centralized repository of comprehensive space needs for
all state entities including up-to-date space and resource utilization,
anticipated needs, and recommended options;
(E)
With the advice and counsel of state entities, board members, and industry
groups, provide state-wide policy leadership, recommending legislative, policy,
and other similar changes and coordinating master planning to guide and organize
capital asset management;
(F)
As needed, secure portfolio management expertise to accomplish the desired
policy outcomes;
(G)
Seek the cooperation of all state entities to increase the effectiveness of the
portfolio management approach; and
(H)
Provide assistance to all entities in achieving space and real property
reporting requirements, in accordance with state law, in the acquisition and
disposition of real property and leases, and in evaluating compliance and
operational practices.
(2)
The commission is authorized to employ such other employees, on either a
full-time or part-time basis, as may be necessary to discharge the duties of the
commission. The executive director shall supervise and conduct the activities of
the commission under the commission´s direction. Unless the commission or
chairperson otherwise directs, the executive director may execute and attest on
behalf of the commission any instrument in furtherance of an activity authorized
by the commission. Unless the commission, chairperson, or secretary otherwise
instructs, the executive director may report the minutes of the commission, keep
and affix its seal, attest its instruments, and keep and certify its
records."
SECTION
13.
Said
title is further amended by striking Code Section 50-16-38, relating to the
acquisition by all state agencies of real property through the State Properties
Commission, the procedure for handling acquisition requests, and funds for
acquisitions, and inserting in its place a new Code Section 50-16-38, to read as
follows:
"50-16-38.
(a)
Except for all acquisitions of real property by the Department of Transportation
and the Board of Regents of the University System of Georgia, and except for the
Department of Natural Resources acquiring by gift parcels of real property, not
exceeding three acres each, to be used for the construction and operation
thereon of boat-launching ramps, and except for acquisitions of real property by
the Department of Technical and Adult Education in connection with student live
work projects funded through moneys generated as a result of the sale of such
projects, donations, or student supply fees, and except for acquisitions of real
property by the commission resulting from transfers of custody and control of
real property to the commission by executive order of the Governor or by Act or
resolution of the General Assembly, and except as otherwise provided by law, and
except as otherwise required by the nature of the transaction conveying real
property to the state or any entity thereof:
(1)
All state entities shall acquire real property through the commission;
and
(2)
The title to all real property acquired shall be in the name of the state,
except for state authorities which shall hold title in their own name. The
conveyance shall have written or printed in the upper right-hand corner of the
initial page thereof the name of the state entity for which acquired who is the
custodian thereof.
(b)
The commission is authorized to establish, and amend when the commission deems
it necessary, a procedure to facilitate the handling by the commission of
requests for acquisition of real property.
(c)
The state entity requesting acquisition of real property shall provide all of
the funds necessary to acquire the real
property."
SECTION
14.
Said
title is further amended by striking Code Section 50-16-41, relating to rental
agreements without competitive bidding authorized and limitations, and inserting
in its place a new Code Section 50-16-41, to read as follows:
"50-16-41.
(a)
Notwithstanding any provisions and requirements of law to the contrary and
particularly notwithstanding the requirements of Code Section 50-16-39, the
commission is authorized to negotiate, prepare, and enter into in its own name
rental agreements whereby a part of the property is rented, without public
competitive bidding, to a person for a length of time not to exceed one year and
for adequate monetary consideration (in no instance to be less than a rate of
$250.00 per year), which shall be determined by the commission, and pursuant to
such terms and conditions as the commission shall determine to be in the best
interest of the state. The same property or any part thereof shall not be the
subject matter of more than one such rental agreement to the same person unless
the commission shall determine that there are extenuating circumstances present
which would make additional one-year rental agreements beneficial to the state;
provided, however, the same property or any part thereof shall not after April
24, 1975, be the subject matter of more than a total of three such one-year
rental agreements to the same person.
(b)
The commission is given the authority and charged with the duty of managing the
utilization of administrative space by all state entities, except that the Board
of Regents of the University System of Georgia and the Georgia Department of
Labor may manage their own space but only for leases that are within the State
of Georgia and required for their core mission. The commission shall manage in
a manner that is the most cost efficient and operationally effective and which
provides decentralization of state government. Such management shall include
the authority to assign and reassign administrative space to state entities
based on the needs of the entities as determined by standards for administrative
space utilization promulgated by the commission pursuant to subsection (g) of
this Code section and shall include the obligation to advise the Office of
Planning and Budget and state entities of cost-effective, decentralized
alternatives.
(c)
The management of the utilization of administrative space by the commission
shall include entering into any necessary agreements to rent or lease
administrative space, whether existing or to be constructed, and shall include
administrative space rented or leased by a state entity from the Georgia
Building Authority or from any other public or private person, firm, or
corporation. When it becomes necessary to rent or lease administrative space,
the space shall be rented or leased by the commission and assigned to the state
entity or entities requiring the space.
(d)
If the commission reassigns all or any portion of any administrative space which
is leased or rented by one state entity to another state entity, the state
entity to which the administrative space is reassigned shall pay to the
commission rental charges, as determined by the commission, for the utilization
of the space; and the commission shall, in turn, use the rental charges so paid
for the purpose of paying or partially paying, as the case may be, the rent or
lease payments due the lessor of the administrative space in accordance with the
terms of the lease or rent contract existing at the time of the reassignment of
the administrative space. Any such payments to a lessor by the commission shall
be on behalf of the state entity which is the lessee of the administrative space
reassigned as provided in this Code section.
(e)
The management of the utilization of administrative space given to the
commission by this Code section shall not be construed to impair the obligation
of any contract executed before July 1, 1976, between any state entity and the
Georgia Building Authority or between any state entity and any other public or
private person, firm, or corporation; and the powers given to the commission by
this Code section shall not be implemented or carried out in such a manner as to
impair the obligation of any such contract.
(f)
The commission is authorized and directed to develop and promulgate standards
governing the utilization of administrative space by all state entities which
require emphasis on cost effectiveness and decentralization. The standards
shall be uniformly applied to all state entities except as otherwise provided by
subsection (g) of this Code section, but the standards shall recognize and
provide for different types of administrative space required by the various
state entities and the different types of administrative space that may be
required by a single state entity.
(g)
The commission shall be authorized to reassign administrative space to the
various state entities in order to bring the utilization of administrative space
into conformity with the standards promulgated under subsection (f) of this Code
section. Any additional administrative space required by a state entity shall
be approved by and obtained through the commission. The commission shall be
authorized to grant exceptions to the standards governing the utilization of
administrative space when the reassignment of such space would involve
unnecessary expenses or the disruption of services being provided by a state
entity. The commission shall adopt and promulgate rules and regulations
governing the granting of such exceptions, and the rules and regulations shall
be uniformly applied by the commission to all state entities requesting an
exception to the standards.
(h)
For purposes of cost effectiveness and decentralization, the following factors,
among other factors, shall be considered:
(1)
Dual location of programs within a city should be considered in order to
take advantage of possible economies of scale and as a matter of convenience to
the general public; or
(2)
When all factors are reasonably equivalent, preferences will be given to
location of state government programs and facilities in those counties which are
determined by the Department of Community Affairs to be the most economically
depressed, meaning those 71 tier 1 counties of the state designated as least
developed under paragraph (2) of Code Section 48-7-40.
(i)
The commission is authorized and directed to promulgate rules and regulations
governing budgetary requirements for administrative space utilized by state
entities in cooperation with the Office of Planning and Budget whereby the
entities shall be accountable in the budgetary process for administrative space
assigned to and utilized by them. The budgetary requirements may provide for
the payment of rent to the commission by state entities or may otherwise provide
procedures for the assessment of rent charges for administrative space utilized
by state entities or any combination of the foregoing.
(j)
In addition to the standards and rules and regulations specifically provided for
by this Code section, the commission is authorized to adopt such other rules and
regulations as may be required to carry out this Code section efficiently and
effectively."
SECTION
15.
Said
title is further amended by striking Part 1 of Article 6 of Chapter 16, relating
to inventory of real property, and inserting in its place a new Part 1 to read
as follows:
"Part
1
50-16-120.
As
used in this part, the term:
(1)
'Entities' or 'entity' means any and all constitutional offices, as well as all
authorities, departments, divisions, boards, bureaus, commissions, agencies,
instrumentalities, or institutions of the state.
(2)
'Real property' means any improved or unimproved real property owned by the
state and under the jurisdiction of any state entity.
(3)
'State' means the State of Georgia and any of its offices, agencies,
authorities, departments, commissions, boards, divisions, instrumentalities, and
institutions but does not include counties, municipalities, school districts,
other units of local government, hospital authorities, or housing and other
local authorities.
(4)
'State facility' means a building owned by the state or under the custody or
control of the state or insured by the program of self-insurance established
under Code Sections 50-16-8 through 50-16-11.
(5)
'State lease' means a lease or rental agreement entered into by a state entity
for a definite period of time for the use by a state entity of real property or
facilities or a lease of state real property or state facilities by a state
entity for use by another party.
50-16-121.
(a)
All state entities are directed to maintain at all times a complete current
inventory of real property under their jurisdiction. The inventory shall be
accomplished by the completion of a form, substantially as follows, for each
parcel of real property held by such departments and public corporations:
REAL
PROPERTY INVENTORY
Date:
_____________________
(Date form completed)
(Date form completed)
(1)
State Entity: ________________________________________________
(Board, bureau, commission, department, official, or other agency)
(2)
Grantor:
___________________________________________________________
(Exactly
as it appears on instrument)
(3)
Grantee:
___________________________________________________________
(Exactly
as it appears on instrument)
(4)
Date of instrument:
__________________________________________________
(5)
Acreage:
___________________________________________________________
(6)
Records, office of the clerk, Superior Court __________ County (a) Deed Book
______ Folio ______ (b) Plat or Map Book ______ Folio ______
(7)
Location of property: County __________ City __________ Street address, if
applicable, and if not, brief directions to property
______________________________
(8)
Type of instrument: (a) Warranty deed ( ), (b) Quitclaim deed ( ), (c)
Eminent domain, deed executed ( ), (d) Trustee´s deed ( ), (e)
Administrator´s or Executor´s deed ( ), (f) Simple deed, no
warranty ( ), (g) Lease ( ), (h) Use permit ( ), (i) Resolution
of General Assembly ( ), (j) Deed of gift ( ).
(9)
Kind of conveyance: (a) Fee simple ( ), (b) Other ( ), state terms and
conditions
______________________________________________________________________
(10)
If acquired by eminent domain by court order and no deed was executed: (a) Name
of principal defendant _______________________, (b) Case number ______, (c) Date
of final judgment ______________
(11)
Location of original deed
____________________________________________
(12)
Is property surplus?
_________________________________________________
(13)
Purchase price of property
____________________________________________
(14)
Purchased with (a) State funds? ______, (b) Federal funds? ______ (Show percent
state & federal)
(15)
Estimated present value: (a) Land ______________ (b) Improvements
______________
(16)
Insured for: $__________ with ________________________ Ins. Co.
(17)
Present use
________________________________________________________
Name
of person completing form
__________________________________________
Title
______________________ Signature ______________________
(b)
The inventory required by subsection (a) of this Code section shall be
maintained current at all times. It shall be the duty of each state entity to
file a duplicate of the inventory with the State Properties Commission; and the
State Properties Commission shall compile and index all such inventories into a
single complete inventory of all real property, but the State Properties
Commission shall maintain separate files on the property belonging to the public
corporations. It shall be the further duty of each state entity to file with the
State Properties Commission a duplicate of each form or other document, as
provided in subsection (c) of this Code section, completed by such state entity
in maintaining the inventory of the entity current; and the State Properties
Commission shall utilize such forms or other documents to maintain the complete
inventory of all real property current.
(c)
The State Properties Commission is authorized to devise such forms or other
documents as may be necessary to keep the complete inventory of real property
current; and it shall be the duty of each state entity to utilize such forms and
documents as directed by the State Properties Commission.
(d)
The real property inventory form provided in subsection (a) of this Code section
shall be completed for each parcel of real property acquired by each state
entity. The form shall be completed within 30 days after the acquisition of any
real property and a duplicate of same shall be forwarded to the State Properties
Commission.
50-16-122.
(a)
As used in this Code section, the term ' real property' means any real
property owned by the state and under the custody of any state entity, except
public road, street, and highway rights of way and other real property held by
the Department of Transportation pursuant to Ga. L. 1919, p. 242, art. 5,
Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188,
Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p.
421, Section 1.
(b)
All real property, the ownership of which is either acquired or disposed of by
the state or any state entity thereof after March 30, 1990, shall be subject to
the following requirements:
(1)
The original of any conveyance acquiring real property shall be filed in the
office of the State Properties Commission within 30 days after being recorded in
the office of the clerk of the superior court of the county or counties wherein
the real property is located. When the conveyance is presented to the State
Properties Commission for filing, it shall be accompanied by four copies of the
recorded plat of the real property conveyed. The State Properties Commission
shall index and affix both the commission´s stamp and the assigned real
property inventory number on the recorded original of the conveyance and all
copies of the recorded plat and shall retain the recorded original of the
conveyance and two copies of the recorded plat as a part of the permanent real
property inventory records kept by such commission; but an exact copy of the
recorded original of the conveyance shall be produced by the State Properties
Commission and, along with a copy of the recorded plat, forwarded by such
commission to the state entity acquiring the real property;
(2)
When real property is acquired by eminent domain and is conveyed to the state by
court order or judgment, following recording of the court order or judgment in
the deed book records in the office of the clerk of the superior court of the
county or counties wherein the real property is located, a certified copy of the
recorded court order or judgment, along with four copies of the recorded plat of
the real property conveyed, shall be filed in the office of the State Properties
Commission. The State Properties Commission shall index and affix both the
commission´s stamp and the assigned real property inventory number on the
certified copy of the recorded court order or judgment and all copies of the
recorded plat and shall retain the certified copy and two copies of the recorded
plat as a part of the permanent real property inventory records kept by such
commission; but an exact copy of the certified copy of the recorded court order
or judgment shall be produced by the State Properties Commission and, along with
a copy of the recorded plat, forwarded by such commission to the state entity
acquiring the real property;
(3)(A)
The original of any fully executed conveyance disposing of real property, except
an Act or Resolution Act of the General Assembly, shall be filed in the office
of the State Properties Commission before being delivered to the purchaser
thereof for recording in the office of the clerk of the superior court of the
county or counties wherein the real property is located. When the conveyance is
presented to the State Properties Commission for filing, it shall be accompanied
by four copies of the plat of the real property conveyed. Though it is
encouraged, it is not required that the plat be either already recorded in or
eligible to be recorded in the plat book records in the office of the clerk of
the superior court of the county or counties wherein the real property is
located. The commission shall index and affix both the commission´s stamp
and the assigned real property inventory number on the original of the
conveyance and all copies of the plat. The State Properties Commission shall
then cause the conveyance to be duplicated. The duplicate of the conveyance and
two copies of the plat shall be retained by the State Properties Commission as a
part of the permanent real property inventory records kept by such commission.
The original of the conveyance and a copy of the plat shall be delivered to the
purchaser of the real property. Upon receiving the original of the conveyance
and a copy of the plat, the purchaser of the real property may then have the
original of the conveyance and, if necessary and eligible for recording, the
copy of the plat recorded in the office of the clerk of the superior court of
the county or counties wherein the real property is located.
(B)
The General Assembly may vary or authorize the variance of the requirements of
subparagraph (A) of this paragraph in any enactment, including an Act or
Resolution Act, authorizing or directing a disposition of real property;
and
(4)
When real property is conveyed by an Act or Resolution Act of the General
Assembly, the State Properties Commission shall obtain from the office of the
Secretary of State a certified copy of the Act or Resolution Act and retain the
same as a part of the permanent real property inventory records kept by such
commission. As a part of such retention, the State Properties Commission shall
index and affix both the commission´s stamp and the assigned real property
inventory number on the certified copy of the Act or Resolution
Act.
(c)
The documents which are required to be maintained by the State Properties
Commission as a part of the permanent real property inventory records kept by
such commission, as provided by paragraphs (2) through (5) of subsection (b) of
this Code section, shall be used by the State Properties Commission in such
manner as it shall determine best in maintaining the real property
inventory.
50-16-123.
A
copy of all conveyances for the acquisition and disposition of real property
held or owned by any state entity shall be filed with the State Properties
Commission within 30 days after the conveyance in an acquisition has been
recorded in the office of the clerk of the superior court in the county in which
the land is located and within 30 days after the conveyance in a disposition has
been dated, executed, and delivered. When real property is acquired by
condemnation by any state entity, a certified copy of the court order vesting
title in such state entity shall be filed with the State Properties Commission
within 30 days after the date of the court order.
50-16-124.
Beginning
July 1, 2005, each state entity shall compile information on all state
facilities, real property, and state leases under the custody or control of such
state entity necessary for the compilation of an inventory of all state owned or
leased facilities and real property; provided, however, that all improvements
acquired for public works that will ultimately be disposed of are excluded from
the requirements of this part. On or before October 1, 2005, and as changes
occur, but by no later than such date annually, each state entity shall send
such information to the commission. The commission shall develop the format for
the compilation and reporting of the inventory.
50-16-125
The
State Properties Commission is authorized and directed to promulgate such rules
and regulations as may be necessary to carry out this part, provided such rules
and regulations are not in conflict with this
part."
SECTION
16.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by striking Code Section 34-8-90, relating to authority of
the Commissioner of Labor to lease property, and inserting in its place a new
Code Section 34-8-90 to read as follows:
"34-8-90.
Reserved."
SECTION 16A.
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
“(1)
A written request for a lease and a locational, dimensional, and directional
sketch or a plat of survey of the proposed lease premises, prepared at the sole
cost and expense of the person requesting the lease, in form and content
acceptable to and approved by the commission, and showing and describing thereon
the lease premises of the lease, must be received by the commission detailing
therein the reason and all the particulars for the request and outlining the
purpose and use to be made of any and all products derived from such dredging.
If a sketch is submitted to and is approved and accepted by the commission,
paragraph (3) of subsection (b) of Code Section 50-16-122, relating to the
requirement of the filing with the Secretary of State of a plat of survey with a
conveyance disposing of real property, shall be relaxed; and the Secretary of
State in such a transaction shall accept in lieu of the required plat of survey
the sketch which was approved and accepted by the
commission;”
SECTION
17.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.