09 HB
170/AP
House
Bill 170 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lane of the
167th
and Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of
Georgia Annotated, relating to coastal marshlands, so as to change certain
provisions relating to leasing of state owned marshland or water bottoms; to
change certain provisions relating to activities to which said part is not
applicable; to provide an effective date; to provide for applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to coastal marshlands, is amended by revising subsection (d)
of Code Section 12-5-287, relating to leasing of state owned marshland or water
bottoms, as follows:
"(d)
Each lease granted under this Code section shall be upon such provisions,
requirements, and conditions as the committee shall make and shall, except as
provided in subsections (g) and (h) of this Code section, provide for a primary
term of not more than ten years. Each lease, except as provided in subsections
(g) and (h) of this Code section, shall require the payment of an annual rental
fee set by
the committee
which, as of
the effective date of this subsection,
shall be
not less
than the fair market rental value of the state owned marshland or water bottoms
leased thereby and
$1,000.00 per
acre, which acreage shall consist of the covered area of dock structures and a
ten-foot buffer surrounding such dock structures; and the committee shall in
each calendar year thereafter adjust the amount of the annual rental fee per
acre to reflect the effect of annual inflation or deflation for the immediately
preceding calendar year in accordance with rules and regulations adopted by the
board, which rules and regulations may use for this purpose the Consumer Price
Index as reported by the Bureau of Labor Statistics of the United States
Department of Labor or any other similar index established by the federal
government, if the board determines that such federal index reflects the effect
of inflation and deflation on the lessees. Except as provided in subsections
(g) and (h) of this Code section, an initial lease shall be for the annual fee
in effect and established by the committee at the time such lease is entered
into. Such lease shall be adjusted annually thereafter as provided in this
subsection. Each lease may provide for
two renewal terms, each of which shall not be for a term of more than equal
duration to the primary term. Rental fees shall be paid in one installment to
the department not later than July 15 of each year. A penalty of 10 percent of
the annual rental shall be assessed for late payment. Failure to pay rental by
August 1 of the year due shall result in the cancellation of the
lease."
SECTION
2.
Said
part is further amended by revising paragraph (4) of Code Section 12-5-295,
relating to activities to which said part is not applicable, as
follows:
"(4)
Activities of public utility companies regulated by the Public Service
Commission,
electric membership corporations, public authorities operating electric systems,
or municipal electric systems incident to
constructing, erecting, repairing, and maintaining utility lines for the
transmission of gas, electricity, or telephone messages;"
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval; provided, however, that Section 1 of this
Act shall not be applied to impair an obligation of contract entered into prior
to such effective date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.