09 LC
21 0467S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to HB 367:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to state parks and recreational areas generally, so as to
provide for permits for the construction and maintenance of boat shelters on
High Falls Lake; to provide for a transition period; to provide for a fee; to
provide for inspections; to amend Article 4 of Chapter 12 of Title 50 of the
Official Code of Georgia Annotated, relating to halls of fame, so as to abolish
the Georgia Golf Hall of Fame; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating
to state parks and recreational areas generally, is amended by revising Code
Section 12-3-34, relating to permits for construction, maintenance, and use of
boat docks on High Falls Lake, as follows:
"12-3-34.
(a)
The Department of Natural Resources is authorized to issue revocable permits for
the construction, maintenance, and use of boat docks
and boat
shelters on High Falls Lake by the owners
or lessees of private property abutting the high-water mark of such lake. Such
permits shall constitute limited revocable licenses. Such permits shall be
issued for periods of three years from the date of issuance and shall be
transferable;
provided, however, that in order to stagger the renewal periods, the department
is authorized to issue permits of one- or two-year duration with the fee
prorated appropriately. The fee for such
permit for each three-year period shall be fixed by rule or regulation of the
Board of Natural Resources in a reasonable amount not to exceed
$50.00
$75.00 for
boat docks and $75.00 for boat shelters.
The fees collected for such permits shall be miscellaneous funds for purposes of
use by the Department of Natural Resources pursuant to Code Section
12-3-2.
(b)
No person shall construct or maintain a boat dock
or boat
shelter below the high-water mark of High
Falls Lake without a valid permit from the Department of Natural Resources. It
shall be the duty of the owner of any
boat
dock or boat
shelter on High Falls Lake to keep such
dock or
shelter in good repair. All such
boat
docks and boat
shelters shall conform to standards for
construction, design, maintenance, and repair specified in rules and regulations
of the department and restrictions or conditions in the permit. It shall be the
duty of the owner of such
boat
dock or boat
shelter to remove any
such
dock or
shelter which is not in compliance with
such rules and regulations or permit.
(c)
It shall be the duty of the owner of any
boat
dock or boat
shelter or the holder of any permit issued
under this Code section to notify the department when he or she sells or
otherwise transfers the property for which the boat dock
or boat
shelter is permitted.
(d)
The department and any official or employee thereof is authorized to inspect any
boat dock or
boat shelter on High Falls Lake and to
remove or cause to be removed any such dock
or
shelter for which a permit is not in
effect or which violates the standards for construction, design, maintenance,
and repair or the permit conditions imposed by the department.
(e)
This Code section shall not affect the validity of any permit in effect on March
1, 1993, and the owners of docks for which such permits are in effect on March
1, 1993, may maintain such docks and enjoy the use thereof for the remainder of
the period for which such permits were issued, subject to the terms and
conditions thereof.
(f)(e)
The Board of Natural Resources is authorized to adopt rules and regulations
necessary or convenient to carry out this Code section and is authorized to
impose reasonable terms and conditions on the granting of permits and the
construction of boat docks
and boat
shelters on High Falls Lake by the owners
or lessees of private property abutting the high-water mark of such
lake.
(g)(f)
Any permit may be revoked by the department for any violation of this Code
section, any rule or regulation of the Board of Natural Resources, or any
condition contained in such permit."
SECTION
2.
Article
4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating
to halls of fame, is amended by revising Part 2, relating to the Georgia Golf
Hall of Fame, as follows:
"Part
2
50-12-64.
(a)
There is created the Georgia Golf Hall of Fame which shall be governed by the
Georgia Golf Hall of Fame Board.
(b)
The board is assigned to the Department of Economic Development for
administrative purposes only, as specified in Code Section 50-4-3.
50-12-65.
The
board shall be composed of 15 members. Nine members shall be appointed by the
Governor, three members shall be appointed by the Lieutenant Governor, and three
members shall be appointed by the Speaker of the House of Representatives. All
members shall be appointed for terms of six years. The Governor, the Lieutenant
Governor, and the Speaker of the House of Representatives shall consider
different areas of the state when making appointments to the board. The board
shall elect a chairperson, a vice chairperson, and such other officers as it
deems advisable from its own membership. The members shall receive no
compensation for their services but shall be reimbursed for expenses incurred in
attending meetings of the board. The board is authorized to employ such
personnel as it deems necessary to enable it to carry out its duties and
functions; however, such employees shall not be subject to the state merit
system of employment and employment administration. The board shall meet once
each quarter and at such other times as the board deems necessary but not more
than eight times annually. A majority of the members shall constitute a quorum
for the transaction of business.
50-12-66.
It
shall be the main purpose and function of the board to honor those, living or
dead, who by achievement or service have made outstanding and lasting
contributions to the sport of golf in this state or elsewhere. The board is
authorized to conduct surveys and polls and to appoint committees to assist it
in performing its purpose and function.
50-12-67.
The
headquarters of the board shall be located in Augusta, Richmond County, Georgia.
The board may obtain such halls, rooms, quarters, and offices as it deems
necessary for conducting its affairs. The board shall provide a portion of any
such space as it shall deem necessary for the display of busts, statues,
plaques, books, papers, pictures, and other exhibits and material relating to
sports, athletics, and athletes. In addition, the board is authorized to
recognize and designate any existing or proposed facility as a part of the hall
of fame as may be appropriate.
50-12-68.
(a)
The board is authorized to solicit and accept donations, contributions, and
gifts of money and property to enable it to carry out its function and purpose.
The donations, contributions, and gifts shall be exempt from all taxation in
this state. The General Assembly is authorized to appropriate funds to the
board.
(b)
The board is authorized to make such contracts, leases, or agreements as may be
necessary and convenient to carry out the duties and purposes for which the
board is created. The board is authorized to enter into contracts, leases, or
agreements with any person, firm, or corporation, public or private, upon such
terms and for such purposes as may be deemed advisable by the
board.
50-12-69.
The
applicable statutes of this state, whether now or hereafter in effect, relating
to the powers of nonprofit corporations and to meetings and actions of the board
of directors of nonprofit corporations shall apply to the Georgia Golf Hall of
Fame Board.
50-12-69.1.
The
Georgia Golf Hall of Fame Board shall be authorized to apply for federal
tax-exempt status under Section 501(c)(3) of the United States Internal Revenue
Code of 1986, as amended.
Reserved."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.