Cross references.

- Authority of General Assembly to restrict land use so as to protect and preserve natural resources, environment, and vital areas of state, Ga. Const., 1983, Art. III, Sec. VI, Para. II.

Game and fish generally, T. 27.

Water rights generally, T. 44, C. 8.

Law reviews.

- For annual survey of law on environment, natural resources, and land use, see 35 Mercer L. Rev. 147 (1983). For article discussing recent developments in environmental law, see 39 Mercer L. Rev. 411 (1987). For article, "Energy Partnership," see 65 Emory L.J. 695 (2016). For annual survey on environmental law, see 70 Mercer L. Rev. 1007 (2019). For note, "What Does 'Green' Mean? Anthropogenic Climate Change, Geoengineering, and International Environmental Law," see 43 Ga. L. Rev. 901 (2009).

RESEARCH REFERENCES

Handling a Mass Disaster as a Class Action, 27 Am. Jur. Trials 485.

Contractor's Liability for Mishandling Toxic Substance, 37 Am. Jur. Trials 115.

Environmental Law Litigation under CERCLA, 47 Am. Jur. Trials 1.

Use and Examination of Experts in Environmental Litigation, 50 Am. Jur. Trials 471.

Toxic Experts, 52 Am. Jur. Trials 473.

Recovery of Damages for Property Devaluation Caused by Off-Site Environmental Hazards, 56 Am. Jur. Trials 369.

Handling Toxic Tort Litigation, 57 Am. Jur. Trials 395.

Contractual Indemnifications and Releases from Environmental Liability, 59 Am. Jur. Trials 231.

Defending the Multiple Chemical Sensitivity Claim, 61 Am. Jur. Trials 95.

Childhood Lead-Based Paint Poisoning Litigation, 66 Am. Jur. Trials 47.

U.S. EPA Action under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), 68 Am. Jur. Trials 1.

Litigating Toxic Mold Cases, 92 Am. Jur. Trials 113.

CHAPTER 1 GENERAL PROVISIONS

Administrative Rules and Regulations.

- Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1-1 et seq.

12-1-1. "Department" defined.

As used in this title, the term "department" means the Department of Natural Resources.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 53, 54.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 12, 13, 14.

12-1-2. References to administrative law judge or hearing officer; references to final decision of Board of Natural Resources; filing request for administrative review.

  1. Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.
  2. Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.
  3. Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed.

(Code 1981, §12-1-2, enacted by Ga. L. 1995, p. 706, § 1.)

Law reviews.

- For note on the 1995 enactment of this Code section, see 12 Ga. St. U.L. Rev. 51 (1995).

CHAPTER 2 DEPARTMENT OF NATURAL RESOURCES

Article 1 General Provisions.
Article 2 Board of Natural Resources.
Editor's notes.

- By resolution (Ga. L. 1991, p. 1236), the General Assembly directed the commissioner of natural resources to dedicate the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia in honor of Samuel Thomas Coffer.

Cross references.

- Community greenspace preservation, T. 36, C. 22.

Administrative Rules and Regulations.

- Organization and public participation, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Constructing permanent improvement to land not encompassed in park system prohibited.

- Department of State Parks (now Department of Natural Resources) is prohibited from constructing or contracting for the construction of any permanent improvement to land which is neither encompassed in the state park system nor under the park system's control. 1967 Op. Att'y Gen. No. 67-298.

RESEARCH REFERENCES

ALR.

- Power of state to prohibit or restrict exportation of natural resources, 32 A.L.R. 331.

Conservation: validity, construction, and application of enactments restricting land development by dredging or tilling, 46 A.L.R.3d 1422.

ARTICLE 1 GENERAL PROVISIONS

Law reviews.

- For article discussing important cases applying natural resource and game and fish law in 1976 and 1977, see 29 Mercer L. Rev. 131 (1977). For comment, "The Right to Rainwater: An Unlikely Fairy Tale," see 69 Mercer L. Rev. 575 (2018).

12-2-1. Department created; commissioner of natural resources; affirmation of board decision by operation of law; appellate review.

  1. There is created a Department of Natural Resources.
    1. There is created the position of commissioner of natural resources. The commissioner shall be both appointed and removed by the Board of Natural Resources subject to approval of the Governor. Subject to the general policy established by the Board of Natural Resources, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this article.
    2. The commissioner may delegate to any person in the Department of Natural Resources the power to be present and participate, including the power to vote as his or her representative or substitute, at any meeting, hearing, or other proceeding of any association, authority, committee, board, or other body upon which the commissioner serves pursuant to this title.
  2. Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the Board of Natural Resources in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," if the superior court in which the petition for review is filed does not hear the case within 90 days from the date the petition for review is filed with the court, the final decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court.In the event a hearing is held later than 90 days after the date the petition for review is filed with the superior court because a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 30 days after the date of the continued hearing.If a case is heard within 90 days from the date the petition for review is filed, the final decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 30 days of the date of the hearing.
  3. A decision of the board affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court.The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (c) of this Code section.Upon the setting aside of any such decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand.Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court.

(Ga. L. 1911, p. 137, § 1; Ga. L. 1921, p. 192, §§ 1, 4; Ga. L. 1924, p. 101, §§ 1, 3, 4; Ga. L. 1925, p. 199, § 1; Ga. L. 1931, p. 7, §§ 19, 21, 25; Ga. L. 1937, p. 264, §§ 1, 4, 5, 9; Ga. L. 1943, p. 128, §§ 1, 2, 14; Ga. L. 1943, p. 180, §§ 1-3; Ga. L. 1949, p. 1079, §§ 1, 2, 5; Ga. L. 1955, p. 483, § 3; Ga. L. 1972, p. 1015, §§ 1501-1504, 1527; Ga. L. 1985, p. 1465, § 1; Ga. L. 1990, p. 223, § 2; Ga. L. 1991, p. 94, § 12; Ga. L. 1995, p. 105, § 1.)

JUDICIAL DECISIONS

Constitutionality of procedure.

- Georgia Administrative Procedure Act, O.C.G.A. Ch. 13, T. 50, and O.C.G.A. § 12-2-1 govern the procedure for judicial review of final decisions of the Department of Natural Resources and, when a party seeking review failed to make a timely request therefor, affirmance of the final decision of the department violated neither equal protection nor due process. Nix v. Long Mtn. Resources, Inc., 262 Ga. 506, 422 S.E.2d 195 (1992).

Hearing of administrative appeal.

- Trial court had jurisdiction to hear administrative appeal regarding a solid waste handling permit granted by the Environmental Protection Division of the Department of Natural Resources when, even though the hearing was not held within 90 days because appellants kept postponing the hearing, the hearing was held within 30 days of the 90-day period on "a date certain." Dixie Recycling Sys. v. Barnes, 206 Ga. App. 365, 425 S.E.2d 297 (1992).

Effect of affirmance of decision by operation of law.

- Superior court's affirmance by operation of law under the circumstances set forth in subsection (c) of O.C.G.A. § 12-2-1 did not violate equal protection or due process. Due process does not require a written opinion by the superior court because the presumption is that the superior court does not write an order if the court agrees with the result of the Department of Natural Resources Board's decision. Rouse v. Georgia Dep't of Natural Resources, 271 Ga. 726, 524 S.E.2d 455 (1999).

Cited in Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 284 Ga. 736, 670 S.E.2d 429 (2008); Aaron v. Jekyll Island-State Park Authority, 348 Ga. App. 332, 822 S.E.2d 829 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Commissioner is contracting authority of department.

- Except for contracts within the purview of the Environmental Protection Division and the Department of Administrative Services, the contracting authority of the Department of Natural Resources is the commissioner of natural resources. 1980 Op. Att'y Gen. No. 80-38.

Powers concerning state park expansion project.

- Commissioner of natural resources is authorized to request issuance of general obligation bonds and execute any subsequent contracts to effect a state park expansion project in accordance with powers otherwise vested in the department. 1982 Op. Att'y Gen. No. 82-12.

12-2-2. Environmental Protection Division; Environmental Advisory Council; duties of council and its members and director; appeal procedures generally; permit applications; inspections.

  1. There is created within the Department of Natural Resources an Environmental Protection Division.
    1. The division shall have a director who shall be both appointed and removed by the Board of Natural Resources with the approval of the Governor.The director shall appoint an assistant director of the division.The director and the assistant director shall be qualified professionals, competent in the field of environmental protection.The director and the assistant director shall be in the unclassified service. In the event of a vacancy in the office of the director or in his absence or if he is disabled, the assistant director shall perform all the duties of the director.The director shall be responsible for enforcing the environmental protection laws of Georgia. The director shall hire the personnel for the division and shall supervise, direct, account for, organize, plan, and execute the functions vested in the division.
      1. The Governor shall appoint an Environmental Advisory Council. The council shall consist of 15 members who shall be representative of professional and lay individuals, organizations, and governmental agencies associated or involved with environmental matters.The term of each member of the council shall be for two years, provided that of the members first appointed, seven shall be appointed for terms of one year and eight for terms of two years.Vacancies shall be filled by similar appointment for unexpired terms.
      2. The council shall advise the Governor, the board, and the director as to the efficacy of the state's environmental protection programs, the need for legislation relating to the environment, the need for expansion or reduction of specific environmental programs, and the need for specific changes in the state's environmental protection programs.The council may review and prepare written comments on proposed state plans and on standards, rules, and regulations proposed by the division.Such comments may be submitted to the director, the board, and any other individual or agency deemed appropriate.
      3. Members of the council shall serve without compensation but shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car or a travel allowance of actual transportation cost if traveling by public carrier as that received by all other state officials and employees.
      1. The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall develop and implement procedures for timely processing of applications made to the division for issuance or renewal of permits or variances, including but not limited to procedures for expedited review and granting of applications upon payment of a fee in an amount established by the director to offset the cost of expediting, all subject to compliance with requirements of law regarding such applications. Such procedures shall also provide any applicant who has applied to the division for issuance or renewal of a permit or variance with the ability to securely track the status of his or her application, with real time updates, via the division's Internet website. The director shall notify all permit or variance applicants within ten days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance.
        1. The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources.
        2. A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application.
        3. A qualified professional certifying an application shall be independent of any professional preparing the application.
        4. The applicant shall directly pay the fees of the qualified professional.
        5. The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application.
      1. Any person who is aggrieved or adversely affected by any order or action of the director shall, upon petition to the director within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge of the Office of State Administrative Hearings assigned under Code Section 50-13-40 and acting in place of the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so assigned shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder.
      2. In any case involving the grant of a permit, permit amendment, or variance by the director, the filing of such a petition by a person to whom such order or action is not directed shall stay such order or action until such time as the hearing has been held and for ten days after the administrative law judge renders his or her decision on the matter. The petition shall be transmitted to the administrative law judge not more than seven days after the date of filing. The provisions of subsection (c) of Code Section 50-13-41 notwithstanding, the hearing shall be held and the decision of the administrative law judge shall be rendered not later than 90 days after the date of the filing of the petition by such a person unless such period is extended for a time certain by order of the administrative law judge upon consent of all parties; in addition, the administrative law judge may extend the 90 day period for good cause shown for a period not to exceed an additional 60 days.
      3. The provisions of subparagraph (B) of this paragraph notwithstanding, in any case involving the grant of a permit, permit amendment, or variance by the director regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105, the filing of a petition under subparagraph (A) of this paragraph by any person to whom such order or action is not directed shall not stay such order or action.
      4. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
      1. Persons are "aggrieved or adversely affected," except as set forth in subparagraph (B) of this paragraph, where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce.In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing.The burden of going forward with evidence on this issue shall rest with the petitioner.
      2. Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97 if such property was so listed prior to July 1, 2014, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the "Georgia Hazardous Site Response Act," unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the director designates property as needing corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97. Any person aggrieved or adversely affected by any such listing occurring after July 1, 2014, or any such designation shall be entitled to a hearing as provided in Code Section 12-8-73.
    1. Notwithstanding any other law to the contrary, in seeking civil penalties for the violation of those laws to be enforced by the division and where the imposition of such penalties is provided for therein, the director upon written request may cause a hearing to be conducted before an administrative law judge appointed by the Board of Natural Resources for the purpose of determining whether such civil penalties should be imposed in accordance with the law there involved. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
    2. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term "standards, rules, and regulations" shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 2016.
    3. Notwithstanding any other law to the contrary, whenever the division determines that a violation of any provision of this title or any rule or regulation promulgated pursuant to this title relating to those laws to be enforced by the division has occurred, the division shall be required to attempt by conference, conciliation, or persuasion to convince the violator to cease such violation.If the director finds that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in his or her order, such order may summarily provide for the immediate cessation of any activity constituting such violation. Whether negotiated or directed, such order shall specify the alleged violation and shall prescribe a reasonable time for corrective action to be accomplished.Any order issued pursuant to this subsection shall become final unless the person aggrieved requests a hearing in writing before the director not later than 30 days after such order is served.
  2. Whenever the Constitution and laws of the United States or the State of Georgia require the issuance of a warrant to make an inspection under any law administered by the director, the procedure set forth in paragraphs (1) through (7) of this subsection shall be employed.
    1. The director or any person authorized to make inspections for the division shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21.
    2. An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
    3. An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void.
    4. An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this title, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected.
    5. It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor.
    6. Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the director or any person authorized to make inspections for the division, and commanding him or her to conduct any inspection required or authorized by this title or regulations promulgated pursuant to this title.
    7. Nothing in this subsection shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or a permit issued under this title.
  3. Where this title does not otherwise specify the disposition of moneys collected by the division pursuant to an order issued by the director or the disposition of civil penalties collected by the division, such moneys and civil penalties shall be deposited in the state treasury to the credit of the general fund but shall be available for appropriation by the General Assembly to the department for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 in keeping with the legislative intent expressed in subsection (b) of Code Section 12-8-91.

(Ga. L. 1972, p. 1015, §§ 17, 1534; Ga. L. 1972, p. 1266, § 1; Ga. L. 1973, p. 344, § 2; Ga. L. 1981, p. 838, § 1; Ga. L. 1984, p. 404, § 1; Ga. L. 1985, p. 1465, § 2; Ga. L. 1991, p. 1738, § 1; Ga. L. 1992, p. 2234, § 1; Ga. L. 1993, p. 500, § 1; Ga. L. 1994, p. 1101, § 1; Ga. L. 1996, p. 319, § 1; Ga. L. 1998, p. 253, § 1; Ga. L. 2000, p. 877, § 1; Ga. L. 2005, p. 818, § 1/SB 190; Ga. L. 2006, p. 237, § 1/SB 191; Ga. L. 2007, p. 127, § 1/HB 463; Ga. L. 2012, p. 622, § 1/SB 427; Ga. L. 2013, p. 171, § 3/HB 320; Ga. L. 2013, p. 274, § 6/HB 226; Ga. L. 2014, p. 817, § 1/SB 333; Ga. L. 2014, p. 819, § 1/HB 904; Ga. L. 2016, p. 432, § 1/HB 840.)

The 2012 amendment, effective July 1, 2013, in subparagraph (c)(1)(A), added the third and fourth sentences, and deleted subparagraph (c)(1)(C), which read: "When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived."

The 2013 amendments. The first 2013 amendment, effective July 1, 2013, substituted "2013" for "1998" at the end of paragraph (c)(5). The second 2013 amendment, effective April 30, 2013, made identical changes.

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, in subparagraph (c)(3)(B), inserted "if such property was so listed prior to July 1, 2014" near the beginning of the first sentence and substituted "any such listing occurring after July 1, 2014, or any such" for "such" near the middle of the second sentence. The second 2014 amendment, effective July 1, 2014, made identical changes.

The 2016 amendment, effective July 1, 2016, substituted "January 1, 2016" for "January 1, 2013" at the end of paragraph (c)(5). See Editor's notes for applicability.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "Act," was substituted for "Act" in paragraphs (c)(2) and (c)(4).

Editor's notes.

- Ga. L. 2000, p. 877, § 2, not codified by the General Assembly, provides that the Act shall apply with respect to applications pending on July 1, 2000, as well as applications submitted on or after July 1, 2000.

Ga. L. 2016, p. 432, § 6/HB 840, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2016, and shall apply to all offenses occurring on or after such date."

Law reviews.

- For article, "State Administrative Agency Contested Case Hearings," see 24 Ga. St. B.J. 193 (1988). For article, "From Marshes to Mountains, Wetlands Come Under State Regulation," see 41 Mercer L. Rev. 865 (1990). For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 55 (1993). For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 26 (2000).

JUDICIAL DECISIONS

Failure to address constitutional issue on part of trial court.

- Trial court erred by failing to address whether a 1993 county zoning ordinance was constitutional because the record established that the landfill permit applicant raised a constitutional challenge to the zoning ordinance before the trial court in its response to the challengers' motion for partial summary judgment and, in fact, in its transfer order to the appellate court, the trial court specifically stated that the court did not rule on the applicant's constitutional argument. Southern States-Bartow County, Inc. v. Riverwood Farm Prop. Owners Ass'n, Inc., 331 Ga. App. 878, 769 S.E.2d 823 (2015).

Remedies.

- Superior court had jurisdiction to enter an injunction against the city to prevent the city from taking action on a siting decision for a landfill, when the city failed to follow the notice and meeting requirements for selecting and siting landfills, and aggrieved citizens did not have adequate remedy at law, because the existing landfill permit process and appeal under O.C.G.A. § 12-2-2 did not provide an administrative remedy to prevent the city's ultra vires actions. Emmons v. City of Arcade, 270 Ga. 196, 507 S.E.2d 464 (1998).

Legislative intent.

- Homeowners lacked standing to appeal consent orders entered by the Director of the Environmental Protection Division of the Department of Natural Resources until the Director sought to enforce the orders, but the homeowners were authorized to sue those directly responsible for polluting the homeowners' property, irrespective of the homeowners' right of access to the courts; hence, the underlying intent of O.C.G.A. § 12-2-2(c)(3)(B) was to preclude such attacks on the director's exercise of the administrative authority to determine the scope of remedial measures set forth in consent orders issued under the Hazardous Site Response Act, O.C.G.A. § 12-8-90 et seq. Couch v. Parker, 280 Ga. 580, 630 S.E.2d 364 (2006).

Judicial review of air quality permit.

- Trial court decision invalidating an air quality permit issued by the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources to a power company to construct a pulverized coal-fired electric power plant in a particular county contained an erroneous ruling that the permit was invalid because the permit failed to include a limit on the power plant's carbon dioxide gas (CO2) emissions since no provisions of the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq., or the state implementation plan controlled or limited CO2 emissions. Because CO2 was not a pollutant that "otherwise is subject to regulation under the CAA," CO2 was not a regulated new source review pollutant in the Prevention of Significant Deterioration (PSD) program and was not required to be controlled by use of best available control technology (BACT), therefore, the trial court erred by ruling that the PSD permit was required to include a BACT emission limit to control the power company's CO2 emissions. Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 298 Ga. App. 753, 681 S.E.2d 203 (2009), cert. denied, No. S09C1879, 2009 Ga. LEXIS 809 (Ga. 2009).

Failure to challenge consent order.

- Because a city could have challenged an agency consent order under O.C.G.A. §§ 12-2-2(c) and50-13-19 but did not, the city's appeal of a judgment to enforce the consent order arose from proceedings under O.C.G.A. § 12-5-189; since the city did not appeal the director's decision, the appellate issue was limited to the propriety of the judgment and not the correctness of the decision. City of Rincon v. Couch, 272 Ga. App. 411, 612 S.E.2d 596 (2005).

Organization lacked standing to appeal consent order.

- Trial court erred by concluding that an organization had standing to appeal a consent order between a property owner and the Director of the Environmental Protection Division (EPD) with regard to soil erosion as it lacked standing to appeal based upon its inability to demonstrate redressability as it failed to identify a procedural requirement the EPD violated, and the consent order did not fall within the categories of orders that required provision of notice and opportunity for comment. Ctr. for a Sustainable Coast, Inc. v. Turner, 324 Ga. App. 762, 751 S.E.2d 555 (2013).

Cited in George v. Department of Natural Resources, 250 Ga. 491, 299 S.E.2d 556 (1983); Chambers of Ga., Inc. v. Department of Natural Resources, 232 Ga. App. 632, 502 S.E.2d 553 (1998).

OPINIONS OF THE ATTORNEY GENERAL

Division responsible for handling and managing solid waste.

- Former Solid Waste Management Act, Ga. L. 1972, p. 1002 et seq., places the responsibility and power to regulate solid waste handling and management in Georgia in the hands of the Environmental Protection Division. 1976 Op. Att'y Gen. No. 76-17.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5. 63C Am. Jur. 2d, Public Officers and Employees, § 43.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 73 C.J.S., Public Administrative Law and Procedure, §§ 12, 13, 14, 20.

ALR.

- Conclusiveness of governor's decision in removing or suspending officers, 92 A.L.R. 998.

Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed 21.

12-2-3. Departmental purposes.

It shall be the objectives of the department:

  1. To have the powers, duties, and authority formerly vested in the Division of Conservation and the commissioner of conservation;
  2. By means of investigation, recommendation, and print or electronic publication, to aid:
    1. In the promotion of the conservation and development of the natural resources of the state;
    2. In promoting a more profitable use of lands and waters;
    3. In promoting the development of commerce and industry; and
    4. In coordinating existing scientific investigations with any related work of other agencies for the purpose of formulating and promoting sound policies of conservation and development;
  3. To collect and classify the facts derived from such investigations and from the work of other agencies of the state as a source of information accessible to the citizens of the state and to the public generally, which facts set forth the natural, economic, industrial, and commercial advantages of the state; and
  4. To establish and maintain perfect cooperation with any and every agency of the federal government interested in or dealing with the subject matter of the department.

(Ga. L. 1937, p. 264, § 4; Ga. L. 1949, p. 1079, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 2010, p. 838, § 11/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "print or electronic" in paragraph (2).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130.

ALR.

- Power of state to prohibit or restrict exportation of natural resources, 32 A.L.R. 331.

Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.

12-2-4. Powers and duties of department.

  1. The department shall make investigations of the natural mining industry and commercial resources of the state and shall take such measures as it may deem best suited to promote the conservation and development of such resources.
  2. The department shall have the care of the state parks and other recreational areas now owned or to be acquired by the state.
  3. Reserved.
  4. The department shall make such examination, survey, and mapping of the geology, mineralogy, and topography of the state, including their industrial and economic utilization, as it may consider necessary.
  5. The department shall make an investigation of the water supply and water power of the state with recommendations and plans for promoting their more profitable use and shall take such measures as it may consider necessary to promote their development.
  6. The department shall make investigations of existing conditions of trade, commerce, and industry in the state, paying particular attention to the causes which may hinder or encourage their growth, and may devise and recommend such plans as may be considered best suited to promote the development of their interests.
  7. The department may take such other measures as it may deem advisable to obtain and make public a more complete knowledge of the state and its resources, and it is authorized to cooperate with other departments and agencies of the state in obtaining and making public such information. It shall be the duty of the department to arrange and classify the facts derived from its investigations so as to provide a general source of information in regard to the state, its advantages, and its resources.
  8. The department shall prepare a report to be submitted by the Governor to each General Assembly, showing the nature and progress of the department.
  9. The department shall from time to time prepare for print or electronic publication reports and statements, with illustrations, maps, and other descriptions which adequately set forth the natural and material resources of the state and its industrial and commercial development, with a view toward furnishing information to educate the people regarding the material advantages of the state, to encourage and foster the existing industries, and to present inducements for investments in new enterprises. Such reports and information shall be published and distributed as the department may direct, at the expense of the state, as other public documents.
  10. It is the intent and purpose, in creating the Department of Natural Resources, that the department shall confer with, cooperate with, and work in harmony with the Department of Economic Development on all new activities of the Department of Natural Resources.
  11. The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property or constructed storm water wetland conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors and to the applicable local governing authority as meeting or not meeting the criteria of such Code section.

(Ga. L. 1937, p. 264, § 8; Ga. L. 1981, p. 838, § 1; Ga. L. 1984, p. 22, § 12; Ga. L. 1989, p. 1641, § 7; Ga. L. 1991, p. 1903, § 12; Ga. L. 2003, p. 271, § 1; Ga. L. 2004, p. 690, § 7; Ga. L. 2005, p. 60, § 12/HB 95; Ga. L. 2010, p. 838, § 11/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "print or electronic" in the first sentence of subsection (i).

Cross references.

- Powers and duties of Environmental Protection Division as to mineral and geological resources, § 12-4-1.

Powers and duties of department relating to game and fish laws, T. 27.

Bona fide conservation use property, § 48-5-7.4.

Authority of department to convey property for purposes of constructing and operating boat-launching ramps thereon, § 50-16-45.

Powers and duties of department with regard to boat safety, § 52-7-1 et seq.

Powers and duties of department with regard to river and harbor development, T. 52, C. 9.

Editor's notes.

- Ga. L. 1989, p. 1641, § 18, not codified by the General Assembly, provides that: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

Ga. L. 1991, p. 1903, § 14, effective April 24, 1991, not codified by the General Assembly, provides: "To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991."

Ga. L. 1991, p. 1903, § 15, provides that the amendment to this Code section shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes. Taxation for prior periods shall continue to be governed by prior law.

Ga. L. 2003, p. 271, § 3, not codified by the General Assembly, provides that the amendment by that Act to subsection (k) is applicable to all taxable years beginning on or after January 1, 2004.

Law reviews.

- For note, "Regulation of Artificial Lakes and Recreational Subdivisions in Georgia," recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 182 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Appointment of park personnel as peace officers authorized.

- Commissioner of natural resources has the authority to make appointments of department personnel as peace officers at the direction of the Governor. 1971 Op. Att'y Gen. No. 71-155.

Commissioner decides authority to attach prejudice to former employee's record.

- Commissioner of conservation (now commissioner of natural resources) should decide who has the specific authority to attach prejudice to the record of an employee separated from a division of the Department of Mines, Mining, and Geology (now Department of Natural Resources). 1971 Op. Att'y Gen. No. 71-62.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5. 63C Am. Jur. 2d, Public Officers and Employees, § 43.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 73 C.J.S., Public Administrative Law and Procedure, § 12 et seq. 81A C.J.S., States, § 251.

12-2-5. Essential services for inhabitants of coastal islands authorized.

On the coastal islands of the State of Georgia, where there is no causeway or other means of land transportation and where essential services are not otherwise provided, the department is authorized to contract for or to provide essential services and water transportation for the employees of the department and their families, other state employees and their families, and any permanent residents of the islands. This authorization is applicable only to those islands owned or controlled by the State of Georgia and upon which the department has facilities located, or on other islands where an emergency condition is found to exist.

(Ga. L. 1975, p. 866, § 1.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-2-6. Authority to arrange for and accept federal aid and cooperation; volunteer services; cooperation with other government entities and civic organizations; creation of nonprofit corporation.

  1. In carrying out its objectives, the department is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and from such other sources as may lend assistance.
    1. The commissioner is authorized to accept the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, historic preservation, interpretive functions, hunter safety and boating safety instruction, hunter safety and boating safety programs, wildlife management, recreation, visitor services, conservation measures and development, public education on conservation, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department.
    2. The commissioner is authorized to provide for reimbursement of volunteers for incidental expenses such as transportation, uniforms, lodging, and subsistence. The commissioner is also authorized to provide general liability coverage and fidelity bond coverage for such volunteers while they are rendering service to or on behalf of the department.
    3. Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including, without limitation, those relating to hours of work, rates of compensation, leave, unemployment compensation, and state employee benefits.
    4. Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the department for its employees while operating state owned vehicles.
    5. No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, that such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia.
  2. The department shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the department through the use of volunteer services, including, but not limited to, the recruitment, training, and use of volunteers.
  3. The department is directed to cooperate with and coordinate its work with the work of each department of the federal government dealing with the same subject matters dealt with by the Department of Natural Resources. The department is authorized to cooperate with the counties of the state in any surveys to ascertain the natural resources of the counties. The department is also authorized to cooperate with the governing bodies of municipalities and boards of trade and other local civic organizations in examining and locating water supplies and in giving advice concerning and in recommending plans for other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the department may direct.
  4. The department shall have the authority to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote environmental protection, coastal resource conservation, historic preservation, interpretive functions, hunter safety and boating safety instruction and programs, outdoor recreation, wildlife management, recreation, visitor services, conservation measures and development, public education on conservation, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department and that make efficient use of funds appropriated for advertising and promotions; provided, however, that nothing in this subsection shall be construed so as to authorize the department to grant any donation or gratuity.
    1. The department shall have the power and authority to incorporate one nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and the Secretary of State shall be authorized to accept such filing.
    2. Any nonprofit corporation created pursuant to this subsection shall be subject to the following provisions:
      1. In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation;
      2. Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia;
      3. The board of directors of any such nonprofit corporation shall always include three members of the Board of Natural Resources who shall serve as nonvoting members. Service by a member of the Board of Natural Resources as a nonvoting member of the board of directors of any such nonprofit corporation shall not constitute a conflict of interest. No member of the Board of Natural Resources shall be a voting member of the board of directors of any such nonprofit corporation;
      4. As used in this subparagraph, the term "direct employee costs" means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department;
      5. Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records;
      6. The department shall not be liable for the action or omission to act of any such nonprofit corporation;
      7. No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and
      8. Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange.
    3. Any nonprofit corporation created pursuant to this subsection shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Natural Resources and Environment, the House Committee on Game, Fish, and Parks, and the Senate Natural Resources and the Environment Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service.

(Ga. L. 1937, p. 264, § 12; Ga. L. 1992, p. 6, § 12; Ga. L. 1992, p. 2328, § 1; Ga. L. 2000, p. 1566, §§ 1, 2; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2010, p. 107, § 1/HB 1199; Ga. L. 2012, p. 446, § 2-4/HB 642; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2013, p. 269, § 1/HB 381.)

The 2010 amendment, effective July 1, 2010, in paragraph (b)(1), inserted "historic preservation,", "wildlife management, recreation,", and "public education on conservation,"; in subsection (e), inserted "wildlife conservation, recreation," and "public education on conservation"; and added subsection (f).

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, in subsection (b), deleted "without regard to the State Personnel Administration, laws, rules, or regulations," following "authorized to accept" near the beginning of paragraph (b)(1); inserted "that" near the end of paragraph (b)(5); and added a comma following "public education on conservation" near the end of subsection (e). The second 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (e).

The 2013 amendment, effective July 1, 2013, substituted the present provisions of subparagraph (f)(2)(C) for the former provisions, which read: "No member of the Board of Natural Resources shall be an officer or director of any such nonprofit corporation;".

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

Permanent improvements on state parks.

- State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-2-7. Duty to advise Governor on environmental matters.

  1. The department shall have the duty of providing special counsel to the Governor concerning environmental matters affecting the state.
  2. In providing counsel to the Governor on environmental matters, the department shall:
    1. Advise the Governor on comprehensive environmental policy for the state;
    2. Develop guidelines for balancing environmental quality with economic development;
    3. Study and from time to time report to the Governor on environmental conditions and trends in the state;
    4. Make or recommend such special environmental studies as it deems appropriate or desirable; and
    5. Recommend environmental policies for improvement and maintenance of the quality of environmental conditions within the state.

(Ga. L. 1971, p. 788, §§ 1, 2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-2-8. Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers.

  1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas.The purpose of this Code section is to provide for the department to serve these essential public interests of the state.This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV.
  2. The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
  3. As used in this Code section, the term:
    1. "Land-disturbing activity" means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family residence, and the cutting of firewood for personal use.
    2. "Mountain" or "protected mountain" means all land area 2,200 feet or more above mean sea level that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.
    3. "River corridor" means all land not regulated under Code Sections 12-5-440 through 12-5-457, and Part 4 of Article 4 of Chapter 5 of this title, the "Coastal Marshlands Protection Act of 1970," in the areas of a perennial stream or watercourse with an average annual flow of at least 400 cubic feet per second as defined by the United States Geologic Survey and being within 100 feet on both sides of the river as measured from the river banks at mean high water.
  4. The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. Local governments shall submit for approval by the department a watershed protection plan which shall include watershed protection standards and procedures. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed. Standards and procedures for buffer areas along streams and reservoirs shall comply with subsection (b) of this Code section and Code Section 12-7-6.
  5. The minimum standards and procedures for protection of ground water referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water.The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activities and development densities.
  6. The minimum standards and procedures for protection of wetlands referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wetlands.The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland.
  7. The department shall, by January 1, 1992, promulgate the minimum standards and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river corridor areas.In promulgating such standards, the department may classify river corridor areas and activities by type, size, and other factors relevant to the advancement of the policies and purposes of this Code section.Such standards shall include, but are not limited to, the following:
    1. Perennial river corridors shall be protected by the following criteria:
      1. A natural vegetative buffer area shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks; provided, however, that nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within said area subject to the following conditions: (i) such dwelling must be in compliance with all other local zoning regulations; (ii) a septic tank or tanks serving such dwelling may be located in said area but the drainfield for any such tank or tanks must be outside said area; and (iii) any such dwelling must be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two-acre or larger tract;
      2. Except as expressly provided otherwise in subparagraph (A) of this paragraph, septic tanks and septic tank drainfields are prohibited within such set-back area; and
      3. Such criteria shall provide for encroachments into the buffer area as needed for the construction of public roads and public utility crossings of river corridors and must meet all applicable requirements of Chapter 7 of this title, the "Erosion and Sedimentation Act of 1975," and of any applicable local ordinances on soil erosion and sedimentation control.
    2. Local governments shall identify existing river corridors and shall adopt river corridor protection plans as part of their planning process. Local governments may exempt from the planning process:
      1. Land uses existing prior to the promulgation of a river corridor protection plan from the criteria of the river corridor protection plan;
      2. Mining activities permitted by the Department of Natural Resources pursuant to Part 3 of Article 2 of Chapter 4 of this title, the "Georgia Surface Mining Act of 1968," from the criteria of the river corridor protection plan;
      3. Utilities from the buffer and set-back area criteria of the river corridor protection plan if such utilities cannot feasibly be located outside of such areas, provided that:
        1. The utilities shall be located as far from the stream bank as reasonably possible;
        2. The installation and maintenance of the utilities shall be such as to protect the integrity of the buffer and set-back areas as well as is reasonably possible; and
        3. The utilities shall not impair the drinking quality of the stream water; and
      4. Specific forestry and agricultural activities from buffer and set-back criteria in accordance with the following conditions:
        1. The activity shall be consistent with the best management practices established by the State Forestry Commission or the State Soil and Water Conservation Commission; and
        2. The activity shall not impair the drinking quality of the stream water as defined by the federal Clean Water Act of 1977 (P.L. 95-217);
    3. River corridors shall be appropriately identified and mapped in the land use plans developed by local and regional governments.Such land use plans shall address, at a minimum, the following considerations with regard to river corridors:
      1. Whether the impact the land use plan has on an area would adversely affect the public health, safety, welfare, or the property of others;
      2. Whether the area is unique or significant in the conservation and movement of flora and fauna including threatened, rare, or endangered species;
      3. Whether alteration or the effects of alteration to river corridors will adversely affect the function, including the flow or quality of water, cause erosion or shoaling, or have an adverse impact on navigation;
      4. Whether modification or the effects of modification by a project would adversely affect fishing or recreational use of river corridors;
      5. Whether an alteration or the effects of alteration would be temporary in nature;
      6. Whether the project contains significant state historical and archeological resources, defined as "Properties on or Eligible for the National Register of Historic Places"; and
      7. Whether alteration of river corridors would have a measurably adverse impact on adjacent sensitive natural areas;
      1. Land use plans shall provide the following acceptable uses of river corridors without long-term impairment of functions:
        1. Timber production and harvesting;
        2. Wildlife and fisheries management;
        3. Waste-water treatment;
        4. Recreation;
        5. Natural water quality treatment or purification;
        6. Agriculture production and management; and
        7. Other uses including those permitted by the Department of Natural Resources or under Section 404 of the Federal Water Pollution Control Act as amended by the federal Clean Water Act of 1977 (P.L. 95-217).
      2. The following uses shall not be acceptable:
        1. Receiving areas for toxic or hazardous waste or other contaminants;
        2. Hazardous or sanitary waste landfills; and
        3. Other uses unapproved by local governments;
    4. The provisions of this subsection shall apply to each local government which contains within its boundaries any river corridor.
  8. The department shall, by January 1, 1992, promulgate the minimum standards and procedures for protection of mountains referred to in subsection (b) of this Code section including, but not limited to, land-disturbing activities within protected mountain areas.Such standards shall include, but are not limited to:
    1. The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the "Erosion and Sedimentation Act of 1975," and of any applicable local ordinances on soil erosion and sedimentation control;
    2. Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the local governing authority;
    3. Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the "Water Well Standards Act of 1985," the requirements of the rules and regulations of the Department of Public Health regarding individual or nonpublic wells, and any more stringent requirements imposed by the local governing authority;
    4. If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the "Georgia Water Quality Control Act";
    5. If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the "Georgia Safe Drinking Water Act of 1977";
    6. No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to:
      1. Any lot of less than one acre if such lot was as of July 1, 1991, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1, 1991; or such lot was as of July 1, 1991, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1, 1991; or
      2. Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to July 1, 1991, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances;
    7. No multifamily residences may be constructed at a density of more than four dwelling units per acre, except where there is a public water supply and sewerage system available to this property then the density may be increased to no more than six dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site;
    8. Any application for a building permit to construct a commercial structure shall contain a detailed landscaping plan.Such landscaping plan shall identify all trees which are to be removed that exceed eight inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed.Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation.Nothing in this paragraph shall be construed to require commercial structures to comply with the density provision of paragraphs (6) and (7) of this subsection;
    9. No structure may extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which the structure is constructed; provided, however, that this height restriction shall not apply to water, radio, or television towers or any equipment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills; and
    10. No person engaging in land-disturbing activity shall remove more than 50 percent of the existing trees which exceed eight inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground unless such person has filed with the application a plan of reforestation developed by a registered forester.

(Code 1981, §12-2-8, enacted by Ga. L. 1989, p. 1317, § 5.1; Ga. L. 1991, p. 1719, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 91, § 12; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2011, p. 752, § 12/HB 142; Ga. L. 2014, p. 597, § 1/SB 299; Ga. L. 2015, p. 5, § 12/HB 90; Ga. L. 2017, p. 774, § 12/HB 323.)

The 2011 amendments. The first 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in paragraph (h)(3). The second 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, substituted "State Forestry Commission" for "Georgia Forestry Commission" in division (g)(2)(D)(i).

The 2014 amendment, effective July 1, 2014, added the second and last sentences in subsection (d).

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted "and" at the end of subparagraphs (g)(1)(A) and (g)(2)(B).

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "provided that:" for "provided:" at the end of the introductory language of subparagraph (g)(2)(C).

Cross references.

- Stream buffers, §§ 12-5-451,12-5-453,12-5-582,12-7-6.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "minimum" was substituted for "miminum" in the first sentence of subsection (g).

Pursuant to Code Section 28-9-5, in 1992, "two-acre" was substituted for "two acre" in subparagraph (g)(1)(A).

Pursuant to Code Section 28-9-5, in 1996, "State Soil and Water Conservation Commission" was substituted for "Georgia Soil and Water Conservation Commission" in division (g)(2)(D)(i).

Editor's notes.

- By resolution (Ga. L. 1990, p. 406), the General Assembly ratified the initial minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state adopted by the Department and Board of Natural Resources on December 6, 1989.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 11 (1992).

RESEARCH REFERENCES

ALR.

- Actions brought under Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) (33 USCA § 1251 et seq.) - Supreme Court cases, 163 A.L.R. Fed. 531.

Validity, construction, and application of lead limitations and "lead and copper" rule of Safe Drinking Water Act, 16 A.L.R. Fed. 3d 3.

Citizen's cause of action under Safe Drinking Water Act, 42 U.S.C.A. § 300j-8, 16 A.L.R. Fed. 3d 4.

Validity, Construction, and Application of Part C of the Safe Drinking Water Act Relating to Protection of Underground Sources of Drinking Water, 42 U.S.C.A. §§ 300h to 300h-8, and Related Regulations, 20 A.L.R. Fed. 3d 12.

12-2-9. Accreditation of commercial analytical laboratories submitting regulatory data.

All commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved as specified in the Environmental Protection Division's rules and regulations. Such regulations shall provide for procedures, identification of accrediting organizations, reciprocity, and an effective date which allows a phase-in period; provided, however, that the effective date of such rules and regulations shall be on or after July 1, 2001. This Code section shall not apply to turbidity data submitted pursuant to individual or general permits for storm-water discharges from construction activities authorized in subparagraphs (a)(1)(N) and (a)(1)(O) of Code Section 12-5-23.

(Code 1981, §12-2-9, enacted by Ga. L. 1997, p. 574, § 1; Ga. L. 2000, p. 213, § 1; Ga. L. 2001, Ex. Sess., p. 317, § 1; Ga. L. 2002, p. 415, § 12.)

12-2-10. Qualifications to practice public soil science.

  1. As used in this Code section, the term:
    1. "Public practice of soil science" means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists' reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features.
    2. "Soil science" means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of Title 43, professional engineer or land surveyor under Chapter 15 of Title 43, or forester under Part 2 of Article 1 of Chapter 6 of this title or licensing as a landscape architect under Chapter 23 of Title 43.
    3. "Soil scientist" means a person who engages in the public practice of soil science.
  2. Any person who:
    1. Holds at least a bachelor's degree in science from an accredited college or university with a major in soil science or a related field of science, which degree includes a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; and
    2. Has at least four years of work experience as a soil scientist under the supervision of a person who meets the qualifications of paragraph (1) of this subsection and who provides satisfactory evidence of such qualifications to the department

      shall be authorized and qualified, for purposes of assisting persons in meeting the requirements of this title, to engage in the public practice of soil science on behalf of such persons and submit soil science evaluations and reports to the department when such are required for purposes of satisfying requirements of this title, and such reports by a soil scientist shall be accepted by the department for such purposes.

  3. This Code section shall not be construed to prevent or affect:
    1. The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, and other professional engineering as provided in Chapter 15 of Title 43; or
    2. Persons registered as professional engineers or professional geologists from practicing soil science within their areas of engineering or geologic competency.
  4. It shall be unlawful for a soil scientist to engage in the design of engineering works and systems unless the soil scientist is also a registered professional engineer under Chapter 15 of Title 43.

(Code 1981, §12-2-10, enacted by Ga. L. 2007, p. 542, § 1/SB 226.)

12-2-11. Control of aviation; power of department.

    1. The department shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the department and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft.
    2. All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the department and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the department.
    3. Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the department to the authority shall be transferred back to the department on July 1, 2012, and shall no longer be under the administration or direction of the authority.
    4. All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the department and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the department as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the department on such date.
    5. The department shall be responsible for providing aviation services in support of the mission of the department. The department shall be authorized to dispose of any state aircraft assigned to the department and apply the proceeds derived therefrom to the purchase of replacement aviation assets.
  1. The department shall have the power to:
    1. Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;
    2. Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations;
    3. Develop operating, maintenance, safety, security, training, education, and scheduling standards for department aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards;
    4. Develop an accountability system for department aviation operations and activities;
    5. Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the department and aviation operations and related facilities;
    6. In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a "civil aircraft" under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency;
    7. Retain appropriate external consulting and auditing expertise;
    8. Engage aviation industry representatives to ensure best practices for department aviation assets;
    9. Delegate certain powers pursuant to this article to other state entities;
    10. Otherwise implement appropriate and efficient management practices for department aviation operations; and
    11. Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars.

(Code 1981, §12-2-11, enacted by Ga. L. 2012, p. 1082, § 2/SB 339.)

Effective date.

- This Code section became effective July 1, 2012.

Cross references.

- Aviation authority, T. 6, C. 5.

ARTICLE 2 BOARD OF NATURAL RESOURCES

Cross references.

- Board of Natural Resources, Ga. Const., 1983, Art. IV, Sec. VI, Para. I.

Law reviews.

- For survey of Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).

RESEARCH REFERENCES

ALR.

- Constitutionality of statute limiting or controlling exploitation or waste of natural resources, 24 A.L.R. 307; 78 A.L.R. 834.

12-2-20. Short title.

This article shall be known and may be cited as the "Natural Resources Act of 1973."

(Ga. L. 1973, p. 139, § 1.)

12-2-21. Composition of Board of Natural Resources; appointment and confirmation of members; terms of members; vacancies.

The Board of Natural Resources shall consist of one member from each congressional district in this state; one additional member from one of the following named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from the state at large. The members shall be appointed by the Governor and confirmed by the Senate. Except as otherwise specifically provided in this Code section, members shall be appointed for a term of seven years from the expiration of the previous term. The four members from the state at large shall be appointed initially for terms of one, three, five, and seven years, respectively, to be designated by the Governor; all succeeding appointments of at-large members shall be for a term of seven years. In as far as it is practical, the members of the Board of Natural Resources shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. Any member so appointed shall serve until the expiration of the vacated term. No more than two members shall come from the same congressional district.

(Ga. L. 1943, p. 128, § 2; Ga. L. 1955, p. 483, §§ 3, 5, 6; Ga. L. 1972, p. 1015, § 1527; Ga. L. 1973, p. 139, § 3.)

Cross references.

- Board of Natural Resources, Ga. Const. 1983, Art. IV, Sec. VI, Para. I.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130.

12-2-22. Oath of office; bond.

Persons appointed to the Board of Natural Resources shall take oath of office and give bond in the sum of $1,000.00 in the usual form required of state officers.

(Ga. L. 1973, p. 139, § 4.)

Cross references.

- Official bonds, T. 45, C. 4.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25.

12-2-23. Officers; meetings; quorum; compensation of members; reimbursement of members for expenses.

  1. The members of the Board of Natural Resources shall elect a chairman, a vice-chairman, and a secretary. These officers shall be elected for a period of one year and shall be elected annually at the January meeting.
  2. The board shall hold regular meetings at least once every 60 days and may not hold more than six special or called meetings in any one calendar year. A special or called meeting may be called by the chairman or a majority of the members of the board. The board shall meet at such times and at such designated places in this state as it may determine.
  3. Eight members of the board shall constitute a quorum.
  4. The members, including the chairperson, shall each receive the per diem prescribed in Code Section 45-7-21 for each day of actual attendance at meetings of the board, or any committee thereof, and shall be reimbursed for travel expenses, lodging, meals, and transportation at the same rates established in the travel regulations for state employees. The members, including the chairperson, while on committee assignment approved in advance by the chairperson, shall receive the same per diem and reimbursement of travel expenses as those authorized for attendance at meetings. Notwithstanding any other provision of this Code section, the total per diem compensation paid in any year to any member of the board shall not exceed $3,000.00. Such per diem and actual expense shall be paid from funds of the department.

(Ga. L. 1973, p. 139, § 5; Ga. L. 2011, p. 558, § 1/SB 121.)

The 2011 amendment, effective July 1, 2011, in subsection (d), rewrote the first two sentences, which read: "The members, including the chairman, shall each receive the per diem prescribed in Code Section 45-7-21 for each day of actual attendance at official meetings of the board; shall be reimbursed at the legal mileage rate when traveling in the service of the board by personal vehicle, and in addition to mileage shall be reimbursed for actual expenses incurred by reason of tolls and parking fees; and shall be reimbursed for actual costs of travel by public carrier. The members, including the chairman, while on committee assignment shall receive $25.00 per diem; actual cost of expenses, including meals, lodging, and transportation; and 10 per mile for transportation by private means to the place of service and home by the nearest practicable route.", and substituted "$3,000.00" for "$1,200.00" in the next to last sentence.

Cross references.

- Legal mileage allowance, § 50-19-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

12-2-24. Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies.

    1. The Board of Natural Resources may make such rules and regulations as it may deem advisable to govern the work of the department and the duties of its employees under this title.
    2. Without limiting paragraph (1) of this subsection, the board may establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled.
  1. The Board of Natural Resources shall have the power to establish the general policies to be followed by the department.
  2. The commissioner of natural resources shall have the power to administer the department pursuant to the general policies established by the Board of Natural Resources.

(Ga. L. 1911, p. 137, § 1; Ga. L. 1924, p. 101, §§ 1, 3, 4; Ga. L. 1931, p. 7, § 25; Ga. L. 1937, p. 264, §§ 1, 4, 9; Ga. L. 1943, p. 128, §§ 1, 2, 14; Ga. L. 1955, p. 483, § 3; Ga. L. 1972, p. 1015, § 1527; Ga. L. 1973, p. 344, § 1; Ga. L. 1984, p. 22, § 12; Ga. L. 2011, p. 558, § 2/SB 121.)

The 2011 amendment, effective July 1, 2011, designated the existing provisions of subsection (a) as paragraph (a)(1) and added paragraph (a)(2).

Cross references.

- Powers and duties of Board of Natural Resources relating to vehicle emissions, § 12-9-40 et seq.

Rule-making power of Board of Natural Resources with regard to game and wildlife, § 27-1-4.

Rule-making power of Board of Natural Resources with regard to registration, operation, and sale of watercraft, § 52-7-23.

Administrative Rules and Regulations.

- Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1-1 et seq.

JUDICIAL DECISIONS

Cited in Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 298 Ga. App. 753, 681 S.E.2d 203 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 130, 133, 136, 142, 145, 148. 81A C.J.S., States, § 251.

CHAPTER 3 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION

Article 1 General Provisions.
Part 1 GENERAL PROVISIONS.
Part 2 RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE.
Article 2 State Parks and Recreational Areas Generally.
Article 3 Historic Areas.
Part 1 GENERAL PROVISIONS.
Part 2 HERITAGE TRUST PROGRAM.
Part 3 SUBMERGED CULTURAL RESOURCES.
Article 4 Natural Areas.
Article 5 Scenic Trails.
Article 6 Memorials.
Part 1 FRANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION [Repealed].
Part 2 FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL.
Part 3 TY COBB MEMORIAL.
Part 4 STONE MOUNTAIN MEMORIAL ASSOCIATION.
Article 7 Public Authorities.
Part 1 JEKYLL ISLAND-STATE PARK AUTHORITY.
Part 2 NORTH GEORGIA MOUNTAINS AUTHORITY.
Part 3 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY.
Part 4 KINCHAFOONEE LAKE AUTHORITY.
Part 5 THE GREAT PARK AUTHORITY.
Part 6 OCONEE RIVER GREENWAY AUTHORITY.
Part 7 SAPELO ISLAND HERITAGE AUTHORITY.
Part 8 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY.
Part 9 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW COMMITTEE.
Part 10 GEORGIA MUSIC HALL OF FAME AUTHORITY.
Part 11 Georgia Halls of Fame Authority
Overview Committee. Part 12

G EORGIA SPORTS HALL OF FAME AUTHORITY

Part 13 GEORGIA GOLF HALL OF FAME AUTHORITY.
Article 8 Nongame Wildlife Conservation and
Wildlife Habitat Acquisition Programs.
Article 9 Protection of Archeological, Aboriginal, Prehistoric, and Historic Sites.
Article 10 Official Gardens And Nature Centers.
Article 11 Georgia Agrirama Development Authority.
Article 12 Power Alley Development Authority.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Preservation of scenic or historic buildings, property, or land and water by means of facade and conservation easements or by means of municipal ordinances, T. 44, C. 10.

Limitation of liability of owners of property used for recreational purposes, § 51-3-20 et seq.

Editor's notes.

- By resolution (Ga. L. 1987, p. 704), the General Assembly provided that the lodge and conference center to be constructed at Little Ocmulgee State Park in Wheeler County, Georgia be named and known as the "L.L. (Pete) Phillips Conference Center."

By resolution (Ga. L. 1988, p. 174), the General Assembly designated the state park on Lake Walter F. George in Clay County as the "George T. Bagby State Park."

By resolution (Ga. L. 1992, p. 3064), the General Assembly created the Walter F. George Tribute Commission, to be abolished when its purpose is accomplished.

RESEARCH REFERENCES

ALR.

- State's liability for personal injuries from criminal attack in state park, 59 A.L.R.4th 1236.

PART 1 G ENERAL PROVISIONS

Editor's notes.

- Ga. L. 1995, p. 105, § 2 designated existing Code Sections 12-3-1 through 12-3-11 as Part 1 of Article 1 of Chapter 3 of this title.

12-3-1. Duties and powers of department as to recreational policies and programs.

  1. It shall be the duty of the Department of Natural Resources:
    1. To formulate in cooperation with other state agencies, interested organizations, and citizens a comprehensive recreation policy for the State of Georgia;
    2. To study and appraise recreational needs of the state and to assemble and disseminate information relative to recreation;
    3. To cooperate in the promotion and organization of local recreational systems or programs for municipalities, counties, school districts, and other areas of the state and upon request to advise them in the planning of recreation areas and facilities and to consult with them in the planning and financing of recreational programs;
    4. To aid in recruiting, educating, and placing recreation workers and in promoting recreational institutes and conferences;
    5. To help establish and promote recreation standards;
    6. To cooperate with state and federal agencies, commercial and industrial recreational interests, voluntary agencies, and other agencies interested in the promotion of recreational opportunities;
    7. To submit an annual report of activities and recommendations to the Governor and to notify the General Assembly of the availability of the annual report in the manner which it deems to be most effective and efficient;
    8. To do such other things as are necessary and proper to effectuate the purposes of this Code section.
  2. The department shall have the following powers:
    1. To assist upon request any department, commission, board, agency, or officer of the state in rendering recreational services in conformity with their respective authorized powers and duties and to encourage and assist in the coordination of federal, state, and local recreation activities;
    2. To request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work with regard to recreation; all of these agencies and authorities shall within a reasonable time furnish such requested available information to the department;
    3. To make recommendations as to the operation of recreation facilities.

(Ga. L. 1958, p. 337, §§ 3, 4; Ga. L. 1963, p. 445, §§ 3, 4; Ga. L. 2005, p. 1036, § 4/SB 49.)

Cross references.

- Recreation systems for counties and municipalities, T. 36, C. 64.

Law reviews.

- For note, "Regulation of Artificial Lakes and Recreational Subdivisions in Georgia," recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-3-2. Disposition of miscellaneous funds by department.

Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of its park, historic, and recreational sites and facilities for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such miscellaneous funds.

(Ga. L. 1980, p. 324, § 2; Ga. L. 1992, p. 6, § 12.)

Cross references.

- Revenue to be paid into general fund, Ga. Const. 1983, Art. VII, Sec. III, Para. II.

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

12-3-3. Powers of department as to projects generally.

  1. As used in this Code section, the term:
    1. "Governing authority of a county" means the county commissioner, board of county commissioners, judge of the probate court, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.
    2. "Governing authority of a municipality" means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation.
    3. "Project" means the acquiring, constructing, equipping, maintaining, operating, managing, and promoting of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, marinas, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the department may desire to undertake, including the related buildings and the usual and convenient facilities appertaining to any undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the department may deem necessary, convenient, or desirable.
  2. The department shall have power:
    1. To acquire by purchase, lease, or otherwise and to hold, lease, use, and operate any personal property of every kind and character for its purposes under this Code section. Upon request of the department, the State Properties Commission is authorized, subject to the provisions of Article 2 of Chapter 16 of Title 50, to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Georgia, any and all lands to be used in a project as defined by this Code section. When a project is proposed for construction on any lands owned by any county or by any municipality, the governing authority or body of the county or of the municipality is authorized to convey title to such lands to the department through the State Properties Commission if the property is unserviceable or cannot be advantageously or beneficially used by the county or municipality so conveying; provided, however, payment shall be to the credit of the general funds of the county or municipality and shall be equal to the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the chairman of the State Properties Commission;
    2. To execute contracts, deeds, leases, subleases, and all other necessary or convenient instruments, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the department causes to be erected or acquired, provided that no deed, lease, sublease, or similar instrument by which the department conveys an interest in land shall be valid unless approved in writing by the Governor, the Attorney General, and the state auditor;
    3. To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof for the purposes of the department under this Code section, provided that any grant shall be upon such terms and conditions as the United States of America, or any agency or instrumentality thereof, may impose;
    4. To act as agent for the United States of America, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the department under this Code section;
    5. To receive gifts, donations, or contributions from any person, firm, or corporation for the purposes of the department under this Code section;
    6. To hold, use, administer, and expend such sum or sums as may hereafter be received as income or as gifts, or as may be appropriated by authority of the General Assembly for any of the purposes of the department under this Code section;
    7. To prescribe, fix, collect, and revise from time to time rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of the department's lands or facilities;
    8. To contract with institutions of higher learning for the purpose of securing qualified specialists to aid in any of its projects;
    9. To do all things necessary, convenient, or incidental to carry out the intent of, and the purpose and powers expressed and given in, this Code section; and
    10. Notwithstanding the provisions of any other law, including the provisions of paragraph (2) of this subsection and the provisions of Article 2 of Chapter 16 of Title 50, the "State Properties Code," the commissioner of natural resources is authorized to sublease the Park Marina property on Lake Allatoona at Red Top Mountain State Park, Bartow County, Georgia, and the Beaverdam Marina property on Richard B. Russell Lake, Elbert County, Georgia, for terms which coincide with the primary leases between the State of Georgia and the United States Army Corps of Engineers; provided, however, that said subleases are approved by the primary lessor, the United States Army Corps of Engineers.

(Ga. L. 1963, p. 357, §§ 3, 6, 7; Ga. L. 1964, p. 369, § 1; Ga. L. 1968, p. 291, §§ 3, 5, 6; Ga. L. 1972, p. 1015, §§ 411, 1513; Ga. L. 1973, p. 857, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1989, p. 274, §§ 1-3; Ga. L. 1990, p. 8, § 12; Ga. L. 1994, p. 173, § 1; Ga. L. 1995, p. 10, § 12.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-3-4. Powers of department and Board of Natural Resources as to Lake Lanier Islands Development.

  1. As used in this Code section, the term:
    1. "Lake Lanier Islands" means such islands and adjacent land located in Lake Lanier, Hall County, Georgia, which are at present or in the future may be licensed to the State of Georgia by the United States through its agency, the United States Army Corps of Engineers, or which are otherwise acquired for use by the department.
    2. "Project" means the acquiring, constructing, equipping, maintaining, operating, managing, and promoting of recreation and accommodation and tourist facilities and services, including, but not limited to, camping sites, recreation centers, playgrounds, parks, swimming and wading pools, lakes, airports, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, concession buildings, convention halls, pageants, auditoriums, stables, marinas, piers, docks, restaurants, hotels, motels, hunting and fishing preserves, and any other facilities or services that the department may desire to undertake, including the related buildings and the usual and convenient facilities appertaining to any such facilities or services and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities on the islands as the department may deem necessary, convenient, or desirable.
  2. The department shall have power:
    1. To acquire by purchase, lease, or otherwise and to hold, lease, use, and operate real and personal property of every kind and character necessary or incidental to the project or the purposes of the department under this Code section;
    2. To enter into and execute contracts, deeds, leases, subleases, concession agreements, easements, and any and all instruments necessary or convenient to the project or the purposes of the department under this Code section, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the department causes to be erected or acquired and to sell, lease, sublease, transfer, or dispose of any property, real or personal, tangible or intangible, or any interest therein in furtherance of the project;
    3. To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose;
    4. To act as agent for the United States of America, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the department under this Code section;
    5. To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the purposes of the department under this Code section;
    6. To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of the department under this Code section;
    7. To accept and receive land adjacent to or rights of way to the Lake Lanier Islands from the State of Georgia or from any county or municipality therein, or from the United States of America, or from any agency, department, corporation, or instrumentality thereof;
    8. To prescribe, fix, revise, and collect rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of the department's lands or facilities;
    9. To do any other things necessary or proper to beautify, improve, and render self-supporting the development of Lake Lanier Islands as provided for in this Code section, to make the facilities available to people of average income, and to advertise the attractions to the world;
    10. To do all things necessary, convenient, or incidental to carry out the intent, purpose, and powers expressed and given in this Code section;
    11. To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the department may deem wise.
  3. The Board of Natural Resources shall have power to promulgate all rules and regulations reasonably designed to accomplish the purposes of this Code section or to carry out the provisions of this Code section.

(Ga. L. 1969, p. 392, § 5; Ga. L. 1972, p. 3507, § 1.)

Cross references.

- Lake Lanier Islands Development Authority, § 12-3-310 et seq.

Administrative Rules and Regulations.

- State parks and historic sites system, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1.

12-3-5. Authority of state to make grants, leases, contracts, and cooperative agreements in regard to public-use areas; powers of department.

  1. The State of Georgia is authorized to make grants, as funds are available, to any county, municipality, or other local government, or any combination thereof, or to any public authority, agency, commission, or institution, for the purpose of acquiring, establishing, developing, improving, maintaining, protecting, restoring, preserving, constructing, reconstructing, or renovating any public boat ramps, fishing piers, fishing lakes or areas, hunting areas, stream access areas, fisherman catwalks, parks, recreational or natural areas, historic, archeologic or scientific sites, or other similar property for public use. In addition, these grants may be made to further, or assist in furthering, any of the services, purposes, duties, responsibilities, or functions vested in the department.
  2. The State of Georgia is authorized to enter into leases of real and personal property belonging to the State of Georgia with any county, municipality, or other local government, or any combination thereof, or with any public authority, agency, commission, or institution, for the development, improvement, maintenance, establishment, or operation of any public parks, recreational or natural areas, historic, archeologic or scientific sites, or any other similar property for public use; provided, however, that such leases shall have the prior approval of the State Properties Commission.
  3. The State of Georgia is authorized to contract and make cooperative agreements, leases, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, or to arrange for contracts, agreements, or leases between state agencies, for any of the services, purposes, duties, responsibilities, or functions vested in the department.
  4. The department shall administer all grants made under the authority of this Code section and is authorized to specify the terms and conditions under which any grants of funds are made. The use of any granted funds by the grantee shall be under and subject to such terms and conditions as shall be prescribed by the department.
  5. The leases, contracts, cooperative agreements, and rental agreements executed under the authority of this Code section shall be entered into and made by the department acting for the State of Georgia. The department may place such terms, limitations, restrictions, and conditions in such leases, cooperative agreements, contracts, and rental agreements as are deemed necessary to ensure that the utilization of the property is in the public interest.

(Ga. L. 1974, p. 273, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 5. 63C Am. Jur. 2d, Public Lands, § 67. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 69, 70, 74.

C.J.S.

- 81A C.J.S., States, §§ 251, 264, 274, 335 et seq.

12-3-6. Federal Land and Water Conservation Fund Act of 1965 - Creation of office for administration of federal funds.

The commissioner of natural resources, with the approval of the Governor, is authorized to implement the federal Land and Water Conservation Fund Act of 1965, by creating within the Department of Natural Resources or within any other department of the executive branch an office to administer the federal funds available to the state and its departments, agencies, boards, bureaus, and political subdivisions.

(Ga. L. 1969, p. 855, § 1; Ga. L. 1970, p. 183, § 1; Ga. L. 1972, p. 1015, § 1532.)

U.S. Code.

- The federal Land and Water Conservation Fund Act of 1965, referred to in this Code section, is codified at 16 U.S.C. § 460l-4 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-3-7. Federal Land and Water Conservation Fund Act of 1965 - Designation of office as state agency to deal with secretary of interior; powers of head of office.

The office created by the commissioner of natural resources under Code Section 12-3-6 shall be considered as the state agency authorized to deal with the secretary of the interior pursuant to the requirements of the federal Land and Water Conservation Fund Act of 1965, and in this respect the head of the agency thus designated is authorized, with the approval of the Governor and the commissioner of natural resources, to appoint personnel for such office, establish the compensation for such personnel, and set out the powers, duties, and authority of such office and personnel therein.

(Ga. L. 1969, p. 855, § 3; Ga. L. 1970, p. 183, § 2.)

U.S. Code.

- The federal Land and Water Conservation Fund Act of 1965, referred to in this Code section, is codified at 16 U.S.C. § 460l-4 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-3-8. Federal Land and Water Conservation Fund Act of 1965 - Establishment of state assistance fund to provide matching funds for local recreational projects; limitations on use of fund; approval of projects by federal government.

The commissioner of natural resources, with the approval of the Governor, is authorized to establish a fund to be known as the state assistance fund which may be used to match federal, municipal, and county funds to acquire lands for recreational purposes and to improve, expand, develop, or construct outdoor recreation facilities. Such fund cannot be used to finance more than 25 percent of the total cost of each local project for such purpose, and each local authority improving, expanding, developing, or constructing such local outdoor recreation facilities shall be required to finance at least 25 percent of the total cost of each such project before any state funds can be utilized. No state funds shall be available to such local units unless such projects shall be approved by the federal government.

(Ga. L. 1969, p. 855, § 2; Ga. L. 1972, p. 1015, § 1532.)

OPINIONS OF THE ATTORNEY GENERAL

Purpose of section is to provide a method for the implementation of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. § 460l-4 et seq.). 1969 Op. Att'y Gen. No. 69-501 (see O.C.G.A. § 12-3-8).

Fund limited in matching federal funds.

- State assistance fund may not be used to match federal funds provided under any act other than the Land and Water Conservation Fund Act of 1965, 16 U.S.C. § 460l-4 et seq. 1969 Op. Att'y Gen. No. 69-501.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5.

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-3-9. Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas.

  1. The Board of Natural Resources is authorized to adopt and promulgate rules and regulations relating to:
    1. The use or occupancy of state parks, historic sites, and recreational areas; and
    2. The protection of the health, safety, and welfare of persons using state parks, historic sites, and recreational areas, and the protection of state property thereon, provided that nothing in this Code section shall be construed to repeal, diminish, or supersede the authority of the Department of Public Health to promulgate rules and regulations for the protection of the public health.
  2. Nothing in this Code section shall be construed to give additional authority to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws of this state.

(Ga. L. 1976, p. 1160, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in paragraph (a)(2).

Cross references.

- Power of Board of Natural Resources to adopt and promulgate rules and regulations relating to game and fish laws, § 27-1-4.

Administrative Rules and Regulations.

- State parks and historic sites system, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-3-9.1. Discount for certified disabled veterans.

  1. As used in this Code section, the term:
    1. "Disabled veteran" means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia.
    2. "Fee" means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities.
  2. Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection.
  3. Any disabled veteran who is certified as such by the commissioner of veterans service as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department.
  4. The discount provided for in subsection (c) of this Code section:
    1. Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veteran's immediate family who occupy the overnight accommodations with the disabled veteran; and
    2. Shall not apply to rental or use fees for any group facilities or accommodations.

(Code 1981, §12-3-9.1, enacted by Ga. L. 1989, p. 517, § 1.)

Cross references.

- Veterans benefits, T. 38, C. 4, A. 2

12-3-10. Directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations; prohibited acts generally.

  1. As used in this Code section, the term "park, historic site, or recreational area" means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the department.
  2. It shall be unlawful for any person to enter upon any park, historic site, or lands managed by the Department of Natural Resources except when in compliance with all applicable laws and all rules, regulations, and permits adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9.
  3. It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove, or construct on any real or personal property on any park, historic site, or recreational area, except when done with special written permission granted by the commissioner of natural resources or his authorized representative.
  4. It shall be unlawful for any person to drive a vehicle on any roads in a park, historic site, or recreational area in excess of 35 miles per hour. It shall also be unlawful for any person to drive a vehicle in excess of 15 miles per hour within 200 feet of an intensive-use area in a park, historic site, or recreational area. As used in this subsection, the term "vehicle" means any wheeled conveyance for the transportation of persons or materials. As used in this subsection, the term "intensive-use area" means a picnic area, a beach or pool area, a check-in station, or a camping or cabin area.
  5. With the exceptions of law enforcement and official use by the department, it shall be unlawful for any person to have or use a boat on the waters of any park, historic site, or recreational area in violation of any prohibition or restriction posted therein by the department. The posting of signs at entrances of a park, historic site, or recreational area designating any prohibitions of, or restrictions on the use of, boats on the waters of that park, historic area, or recreational area shall constitute sufficient notice for the entire park, historic area, or recreational area.
  6. Reserved.
  7. Reserved.
  8. Reserved.
  9. It shall be unlawful for any person to fish in waters of any park, historic site, or recreational area, except for boat fishing between the hours of 7:00 A.M. and sunset and bank or wade fishing between the hours of 7:00 A.M. and 10:00 P.M., unless otherwise prohibited. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department.
  10. It shall be unlawful to fish commercially or to buy or sell fish caught in the waters of any park, historic site, or recreational area.
  11. It shall be unlawful to fish with any device other than a pole and line or rod and reel in the waters of any park, historic site, or recreational area, except with the written permission of the commissioner of natural resources or his authorized representative.
  12. It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park, historic site, or recreational area, unless such activity involves the use of bows and arrows, primitive weapons, rifles, or shotguns and has been approved by prior written permission of the commissioner of natural resources or the commissioner's authorized representative. It shall also be unlawful to shoot into a park, historic site, or recreational area from beyond the boundaries of such park, historic site, or recreational area.
  13. It shall be unlawful for any intoxicated person to enter or remain on any park, historic site, or recreational area. It shall also be unlawful for any person to consume or use alcoholic beverages or intoxicants in any public use area of a park, historic site, or recreational area. As used in this subsection, the term "public use area" shall not include cabins, rooms, trailers, tents, and conference facilities which facilities are rented for exclusive use by one individual or group.
  14. It shall be unlawful for any person to use in any park, historic site, or recreational area any electronic device for the detection of metals, minerals, artifacts, or lost articles or for treasure hunting.
    1. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative.
    2. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms other than a handgun, as such term is defined in Code Section 16-11-125.1.
    3. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any handgun without a valid weapons carry license issued pursuant to Code Section 16-11-129.
    4. It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative.
  15. It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department.
  16. It shall be unlawful for any person to park a vehicle at any place within any park, historic site, or recreational area, including upon the right of way of any county, state, or federal highway which traverses the park, historic site, or recreational area, where signs placed at the direction of the commissioner of natural resources or his official designee prohibit parking or condition the privilege of parking upon the purchase and display of a parking permit. The posting of signs at the entrances of a park, historic site, or recreational area designating the places for which a parking permit is required shall constitute sufficient notice for the entire park, historic site, or recreational area.
  17. Any person who violates any of the provisions of this Code section commits the offense of criminal trespass.
    1. The jurisdiction of the probate courts of the several counties of this state is enlarged and extended so that probate courts, acting by and through the judge or presiding officer, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this Code section.
    2. When a person is arrested for any violation of the provisions of this Code section, the arresting officer may, at his discretion, choose to issue to the offender a summons to appear before a court of jurisdiction. Every such summons shall show:
      1. That it is issued by authority of the department;
      2. The name of the person summoned or, if the person to be summoned refuses to give his name or the officer serving the summons believes the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such;
      3. The offense with which the person being summoned is charged and the date and location of the alleged offense;
      4. The location of the court and the day and hour at which he is summoned to appear;
      5. That failure to so appear is a violation of Georgia laws and subject to prosecution;
      6. The date the summons is served; and
      7. The name and official designation of the officer serving it.
    3. Personal delivery of the summons to the person charged or, if the violation is for a vehicle parking violation and the vehicle illegally parked is unattended, the placement of the summons on the windshield of the driver's side of the illegally parked vehicle shall constitute due and proper service of the summons.
    4. Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance.
    5. The officer serving a summons pursuant to this subsection shall, on or before the return date of the summons, deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense.
    6. If the person charged shall fail to appear as specified in the summons, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person commanding that he be brought before the court to answer the charge contained within the summons and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court.

(Ga. L. 1976, p. 1160, § 2; Ga. L. 1977, p. 1175, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1984, p. 374, §§ 1-3; Ga. L. 1986, p. 437, §§ 1, 2; Ga. L. 1991, p. 1007, § 1; Ga. L. 1992, p. 1547, § 1; Ga. L. 1995, p. 945, § 1; Ga. L. 1996, p. 6, § 12; Ga. L. 1998, p. 253, § 2; Ga. L. 1999, p. 81, § 12; Ga. L. 1999, p. 159, § 1; Ga. L. 2006, p. 96, § 1/HB 1490; Ga. L. 2010, p. 963, § 2-2/SB 308; Ga. L. 2012, p. 1074, § 1/SB 319.)

The 2010 amendment, effective June 4, 2010, designated the existing provisions of subsection (o) as paragraphs (o)(1), (o)(2), and (o)(4); inserted "or her" near the end of paragraphs (o)(1) and (o)(4); in paragraph (o)(2), deleted "also" preceding "be unlawful" near the beginning, and substituted "other than a handgun, as such term is defined in Code Section 16-11-125.1." for a comma; added paragraph (o)(3); and added "It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any" at the beginning of paragraph (o)(4). See the editor's note for applicability.

The 2012 amendment, effective July 1, 2012, rewrote subsection (e); substituted "Reserved" for the former provisions of subsections (g) and (h); and, in subsection (i), in the first sentence, inserted "or wade" near the middle and added ", unless otherwise prohibited" at the end, and deleted "for fisheries management purposes" at the end of the last sentence.

Cross references.

- Game and fish laws, generally, T. 27.

Prohibition against certain acts on public hunting or fishing or game management areas, § 27-1-33.

Operation of watercraft in state generally, T. 52, C. 7.

Editor's notes.

- Ga. L. 1991, p. 1007, § 2, not codified by the General Assembly, provides as follows: "The General Assembly recognizes the imminent need for increased funding of maintenance and rehabilitation programs for the facilities and structures of state parks, historic sites, and recreational areas and natural areas. The General Assembly declares its intent to ensure that if the Board of Natural Resources establishes a parking permit requirement for parking at state parks, historic sites, and recreational areas and natural areas, funding provided by the sale of parking permits by the Department of Natural Resources will be used to implement programs of maintenance and rehabilitation of facilities and structures located in the state parks, historic sites, and recreational areas and natural areas. The General Assembly further declares its intent that such funding may be used to carry out all aspects of the programs of maintenance and rehabilitation including, but not limited to, the employment of personnel and the acquisition of equipment and supplies. No schedule of parking fees shall be effective until adopted under the same procedure as the adoption of rules under the Administrative Procedure Act."

Ga. L. 1992, p. 1547, § 3, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1992, and shall apply to violations of the provisions of Code Section 12-3-10 of the O.C.G.A. which take place on or after July 1, 1992."

Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

Fingerprinting not required.

- Offenses arising from a violation of paragraph (o)(1) of O.C.G.A. § 12-3-10 do not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Boats and Boating, § 7. 79 Am. Jur. 2d, Weapons and Firearms, § 28.

C.J.S.

- 81A C.J.S., States, §§ 251, 262.

12-3-10.1. Directing persons to leave parks, historic sites, or recreation areas; penalty.

  1. Any person who violates any rules and regulations adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9 and who refuses to cease such violation after notice may be directed to leave the park, historic site, or recreational area on which the violation occurs. A person shall have no legal authority, right, or privilege to remain upon a state park, historic site, or recreational area after receiving such a direction.
  2. Any person violating the provisions of this Code section shall be guilty of a misdemeanor.

(Code 1981, §12-3-10.1, enacted by Ga. L. 1998, p. 253, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- An offense under O.C.G.A. § 12-3-10.1 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 109.

12-3-11. Civil penalty; reports to department by clerk of court regarding disposition of actions; compensation of clerk for reports.

Any person who violates any provision of Code Section 12-3-9 or 12-3-10 or the provisions of any law administered by the department concerning parks, historic sites, and recreational areas, or any regulations or orders promulgated and administered thereunder, shall be liable civilly for a penalty in a maximum amount of $1,000.00 for each and every violation thereof, such civil penalty to be recoverable by a civil action brought in the name of the commissioner of natural resources by the prosecuting attorney of the county in which the alleged violator resides. The commissioner on his motion may, or, upon complaint of any interested party charging a violation, shall refer the matter directly to the prosecuting attorney of the county in which the violator resides. The proceeds from all civil penalties arising from enforcement of such laws, regulations, and orders shall, except as otherwise provided in this Code section, be applied initially toward payment of the proper officers of the trial court as prescribed by law. The money remaining after such officers have been compensated shall be remitted promptly by the clerk of the court in which the case is disposed of to the treasurer of the county in which the civil penalty is assessed, or other officer having charge of the fiscal affairs of the county, who shall deposit the funds in the general fund of the county, such funds to be allocated to the county board of education for school purposes. The clerk of the court in which each case is disposed shall promptly make a written report to the department showing the disposition of each case. For making each report, he shall be entitled to an additional fee of $1.00 in each case, unless otherwise prohibited by law, to be added to the costs allowed by law against the defendant, to be retained by the clerk as his special compensation for making the report. The civil penalty prescribed in this Code section shall be concurrent with, alternative to, and cumulative of any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the department with respect to any violation of the laws administered by the department and any regulations or orders promulgated and administered thereunder.

(Ga. L. 1977, p. 1175, § 2.)

12-3-12. Notification of local governing authorities prior to certain significant changes in services at state parks, historic sites, or recreational areas.

  1. As used in this Code section, the term "change in services" means the:
    1. Permanent change of a primary existing operational function;
    2. Reduction by 50 percent or more of the hours of operation or services; or
    3. Closure

      of any state park, historic site, or recreational area operated by or pursuant to the authority of the department.

  2. Prior to making a change in services, the department shall provide 60 days' notice to the governing authority of each municipality and county in which any part of the state park, historic site, or recreational area is located regarding the specific proposed change in services. The notice required by this Code section shall be made in writing and sent to the applicable chairperson of the county commissioners and the mayor of the municipality.

(Code 1981, §12-3-12, enacted by Ga. L. 2013, p. 647, § 1/HB 189.)

Effective date.

- This Code section became effective July 1, 2013.

PART 2 R ECREATIONAL AUTHORITIES OVERVIEW COMMITTEE

12-3-20. Creation of committee; members and organization; duty to review operations of Stone Mountain Memorial Association, Jekyll Island - State Park Authority, North Georgia Mountains Authority, and Lake Lanier Islands Development Authority.

There is created as a joint committee of the General Assembly the Recreational Authorities Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Stone Mountain Memorial Association, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter.

(Code 1981, §12-3-20, enacted by Ga. L. 1995, p. 105, § 2; Ga. L. 2007, p. 711, § 2/HB 214.)

12-3-21. Assistance by state officers and agencies.

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part.

(Code 1981, §12-3-21, enacted by Ga. L. 1995, p. 105, § 2.)

12-3-22. Reporting requirements; enforcement.

The Stone Mountain Memorial Association, the Jekyll Island - State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its findings and recommendations based upon the review of each of the named authorities, as set forth in this part.

(Code 1981, §12-3-22, enacted by Ga. L. 1995, p. 105, § 2; Ga. L. 2005, p. 694, § 21/HB 293.)

12-3-23. Evaluation criteria.

In the discharge of its duties, the committee shall evaluate the performance of the Stone Mountain Memorial Association, the Jekyll Island - State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority consistent with the following criteria:

  1. Prudent, legal, and accountable expenditure of public funds;
  2. Efficient operation; and
  3. Performance of its statutory responsibilities.

(Code 1981, §12-3-23, enacted by Ga. L. 1995, p. 105, § 2.)

12-3-24. Authorized expenditures; compensation of members; funding.

  1. The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties.
  2. The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
  3. The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

(Code 1981, §12-3-24, enacted by Ga. L. 1995, p. 105, § 2.)

12-3-25. Information required in annual reports.

The committee shall report in each of its annual reports to the chairperson of the standing committees of each house of the General Assembly whether or not any of the authorities named in this part have undertaken activities having a projected cost of over $1 million without having first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities or has failed to file a copy of such evaluation with the Office of Planning and Budget.

(Code 1981, §12-3-25, enacted by Ga. L. 1995, p. 105, § 2.)

ARTICLE 2 STATE PARKS AND RECREATIONAL AREAS GENERALLY

Editor's notes.

- By resolution (Ga. L. 1987, p. 704), the General Assembly provided that the lodge and conference center to be constructed at Little Ocmulgee State Park in Wheeler County, Georgia be named and known as the "L.L. (Pete) Phillips Conference Center."

By resolution (Ga. L. 1988, p. 174), the General Assembly designated the state park on Lake Walter F. George in Clay County as the "George T. Bagby State Park."

Administrative Rules and Regulations.

- State parks and historic sites, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1 et seq.

12-3-30. Definitions.

As used in this article, the term:

  1. "Land" means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and all rights, estates, interests, privileges, easements, encumbrances, and franchises, legal and equitable, in land or water, including terms for years, and by way of judgment, mortgage or otherwise, and all claims for damages thereto.
  2. "Park" or "recreational area" means any land which, by reason of natural features or scenic beauty, with or without historical, archeological, or scientific buildings or other objects thereon, possesses distinctive, innate or potential physical, intellectual, creative, social, or other recreational or educational value or interest.

(Ga. L. 1937, p. 264, § 9.)

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

12-3-31. Parks and recreational areas acquired by state as constituting state park system; control and management of system by department.

All parks and recreational areas acquired by the state, whether before or after November 1, 1982, shall constitute the state park system and shall be under the immediate control and management of the department.

(Ga. L. 1937, p. 264, § 9.)

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

Department authorized to make changes on parks property.

- State Parks Department (now Department of Natural Resources) is authorized to change the rates for group camps and other activities on parks property. 1960-61 Op. Att'y Gen. p. 315.

Authority to accept roadside park given to state.

- Any land given to the state for use as a roadside park should be given to the Department of State Parks, Historic Sites and Monuments (now Department of Natural Resources). 1945-47 Op. Att'y Gen. p. 333.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-3-32. Powers and duties of department as to parks and recreational areas and facilities.

  1. The Department of Natural Resources is empowered and directed:
    1. In cooperation with other state and local agencies and any agency of the United States government, to study and ascertain the state's present park, parkway, and recreational resources and facilities, the need for such resources and facilities, and the extent to which such needs are being currently met. The department shall also conduct a survey to identify land suitable and desirable for acquisition by the state as a part of the state park system, due consideration being given to scenic, recreational, historical, archeological, and other special features. The results of such study and survey shall be reported to the Governor and the next succeeding session of the General Assembly and shall be accompanied by such recommendations as the department shall deem advisable;
    2. To acquire in the name of the state, by purchase, lease, agreement, or condemnation, such land within the state as it may deem necessary or proper for the extension of the state park system. The right of eminent domain shall be exercised in accordance with the provisions of law now or hereafter existing for the condemnation of property for public purposes, provided that no land or other property shall be taken or contracted to be taken unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purpose;
    3. To accept in its discretion, in fee or otherwise, land entrusted, donated, or devised to the state by the United States government, by a political subdivision of the state, or by any person, firm, association, or corporation, with the intent that the land shall become a part of the state park system. The department shall also in its discretion accept gifts, bequests, or contributions of money or other property to be used in extending, improving, or maintaining the state park system;
    4. To make expenditures from available funds for the care, supervision, improvement, and development of the state park system;
    5. To cooperate with other state agencies, with counties, municipalities, and other political subdivisions of the state, with other states, and with the United States government in matters relating to the acquiring, planning, establishing, developing, improving, or maintaining of any park, parkway, or recreational area;
    6. To contract and make cooperative agreements with the United States government, with political subdivisions of the state, or with corporations, associations, or individuals, with proper bond where deemed advisable, to protect, restore, preserve, mark, maintain, or operate any historic, archeologic, or scientific site, ground, reservations, structure, building, object, or other property for public use, provided that no contract or cooperative agreement shall be made or entered into unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for such purposes;
    7. To enter into contracts and agreements for the construction, renovation, and repair of any improvements on any park or other property under its control for the purpose of providing suitable public service privileges, conveniences, and facilities and for improvements necessary for the operation and maintenance of such property; provided, however, that all such contracts shall be conducted and negotiated by the Department of Administrative Services in accordance with Code Section 50-5-72;
    8. To provide and maintain adequate recreational facilities and to initiate, conduct, and supervise suitable programs and activities in connection therewith;
    9. To grant concessions for the operation of public service privileges, conveniences, and facilities when the department determines in its discretion that such private concessions are in the best interest of the general public and the department. Such concessions may be granted to any responsible person, partnership, firm, association, or corporation for a period not to exceed five years and upon such terms as the department may deem advisable and consistent with other laws of this state;
    10. To establish and, from time to time, to alter rules and regulations governing the use, occupancy, and protection of the land and property under its control and to preserve the peace therein. The department is empowered to confer on such employees as it may designate the full authority of peace officers for all land and property under its control;
    11. To plan and conduct a program of information and publicity as to the scenic, recreational, historical, archeological, and scientific points and places within the state designed to attract tourists and visitors to this state;
    12. To cooperate with the Department of Transportation in the establishment and maintenance of roadside parks and developments for the convenience and enjoyment of the traveling public; and
    13. To purchase and provide uniforms to such of its officers, assistants, and employees as it deems advisable.
  2. All of the functions of the former Department of State Parks are transferred to the Department of Natural Resources.

(Ga. L. 1937, p. 264, § 9; Ga. L. 1943, p. 180, §§ 1, 3, 4, 7; Ga. L. 1951, p. 788, § 1; Ga. L. 1958, p. 634, § 1; Ga. L. 1972, p. 1015, § 1503; Ga. L. 1981, p. 980, §§ 1, 2, 6.)

Law reviews.

- For note, "Regulation of Artificial Lakes and Recreational Subdivisions in Georgia," recommending methods for future regulation, see 8 Ga. St. B.J. 580 (1972).

JUDICIAL DECISIONS

Word "concession" means a grant or lease of a portion of premises for some specific use, or of a right to enter upon premises for some specific purpose. Collier v. Akins, 102 Ga. App. 274, 116 S.E.2d 121 (1960).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

Lands through which pipelines will be laid.

- Department is not required to obtain fee simple title to lands through which pipelines will be laid. A water main would not constitute an improvement to the realty, but is a trade fixture used in the conduct of the park and, as such, is removable at the option of the department, without consent of the landowners. 1968 Op. Att'y Gen. No. 68-57.

Authority to dispose of park property by lease or easement limited.

- There is no authority in this section for the Department of Parks (now Department of Natural Resources) to dispose of, or to encumber, park property by lease or easement, other than to grant concessions to a responsible person, firm, or corporation. 1948-49 Op. Att'y Gen. p. 230 (see O.C.G.A. § 12-3-32).

Leasing land to extend state park system authorized.

- Department is authorized and empowered to lease land within the state as the state may deem necessary or proper in the extension and best operation of the state parks system. 1965-66 Op. Att'y Gen. No. 66-70.

Installation of water service at state park constitutes "improvement" within the meaning of paragraph (a)(4) of this section. 1968 Op. Att'y Gen. No. 68-57 (see O.C.G.A. § 12-3-32).

Department may not expend appropriations for improvement of park owned by United States for which the state has only a license to use for limited purposes. 1945-47 Op. Att'y Gen. p. 328.

State may bear expense of extending pipeline from the limits of an existing distribution system to the park itself, provided the necessary appurtenant easements are secured therefor. 1968 Op. Att'y Gen. No. 68-57.

Department may pay surcharge on normal metered rate to cover cost of extended service if a pipeline is installed by a municipality and becomes part of the municipal water system, and if the proposed surcharge bears a reasonable relationship to the nature of the service. 1968 Op. Att'y Gen. No. 68-57.

Future maintenance contract illegal.

- It is not legal for the department to incur a contractual obligation with respect to future maintenance of erosion control structures at historic sites. 1965-66 Op. Att'y Gen. No. 65-44.

Property and casualty insurance.

- Department may require concessionaire to take out casualty and accident insurance for the use and benefit of individuals who may be harmed by the operation of the concession. 1958-59 Op. Att'y Gen. p. 227.

Sale of materials directly to concessionaire unauthorized.

- Department has no authority, under paragraph (a)(9) of this section, to sell materials directly to a concessionaire. 1958-59 Op. Att'y Gen. p. 227 (see O.C.G.A. § 12-3-32).

Approval of commissioner not required in paragraph (a)(9).

- Paragraph (a)(9) of this section does not require approval of the commissioner of conservation (now commissioner of natural resources). 1963-65 Op. Att'y Gen. p. 518 (see O.C.G.A. § 12-3-32).

Committee appointed from state park's county.

- It is necessary to appoint a county advisory committee from the county or counties in which each state park is located. 1954-56 Op. Att'y Gen. p. 653.

Department has police power over state parks. 1954-56 Op. Att'y Gen. p. 653.

Appointment of peace officers authorized.

- Commissioner of natural resources has the authority to make appointments of the department personnel as peace officers at the direction of the Governor. 1971 Op. Att'y Gen. No. 71-155.

Regulation of park traffic by ranger legal.

- Park ranger may legally be invested by the commissioner with power to regulate traffic within a state park. 1971 Op. Att'y Gen. No. U71-2.

Employees ineligible for participation in retirement fund.

- Since the peace office authority of the department employees is limited by paragraph (a)(10) of this section to enforcing laws on state park property and, since the employees will not be devoting full time to work as general law enforcement officers, the employees are not eligible for participation in the Peace Officers' Annuity and Benefit Fund. 1971 Op. Att'y Gen. No. 71-155 (see O.C.G.A. § 12-3-32).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 17, 51, 75.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 23, 58. 81A C.J.S., States, § 251.

ALR.

- Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.

12-3-33. County and municipal aid to state park system.

Any county, and any municipality therein, may use any available funds to aid in the purchase of any land or other property within the county which is to become the property of the state for incorporation into the state park system, provided that the department shall have first agreed in writing to the acceptance of the same. Any county, and any municipality therein, may contribute any available funds to or perform services for the department in furtherance of the improvement, maintenance, and operation of any state owned park or other property which is as of November 1, 1982, or may thereafter become a part of the state park system.

(Ga. L. 1937, p. 264, § 9; Ga. L. 1959, p. 75, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, in the second sentence, "state owned" was substituted for "state-owned".

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 198. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 5.

12-3-34. Permits for construction, maintenance, and use of boat docks and boat shelters on High Falls Lake.

  1. 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 $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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

(Code 1981, §12-3-34, enacted by Ga. L. 1993, p. 396, § 1; Ga. L. 2010, p. 118, § 1/SB 99.)

The 2010 amendment, effective May 20, 2010, throughout this Code section, inserted "and boat shelters", inserted "boat", inserted "or boat shelter", and inserted "or shelter"; in subsection (a), added the proviso at the end of the third sentence and substituted "$75.00 for boat docks and $75.00 for boat shelters" for "$50.00" at the end of the fourth sentence; substituted "such dock" for "dock" in the last sentence of subsection (b); deleted former subsection (e), which read: "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."; and redesignated former subsections (f) and (g) as present subsections (e) and (f), respectively.

Administrative Rules and Regulations.

- Permitting boat docks at High Falls State Park Lake, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-12.

ARTICLE 3 HISTORIC AREAS

Editor's notes.

- By resolution (Ga. L. 1985, p. 563), the General Assembly directed the Department of Natural Resources to place a historical marker at the entrance to Souther Field in Americus, Georgia, to honor Charles A. Lindbergh.

By resolution (Ga. L. 1985, p. 592), the General Assembly directed the Department of Natural Resources to erect a historical marker honoring Robert Toombs at the site of the Toombs Oak on the campus of the University of Georgia.

By resolution (Ga. L. 1988, p. 335), the General Assembly designated certain public roads and highways as the Chieftains Trail.

By resolution (Ga. L. 1988, p. 792), the General Assembly designated Georgia Highway 28 through the City of Augusta as the Savannah River Scenic Highway.

Administrative Rules and Regulations.

- Designation of historic buildings and landmark museum buildings, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-8.

RESEARCH REFERENCES

ALR.

- Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.

PART 1 G ENERAL PROVISIONS

12-3-50. Powers and duties of department as to historic preservation and promotion.

  1. The Department of Natural Resources shall have the following powers and duties:
    1. To promote and increase knowledge and understanding of the history of this state from the earliest times to the present, including the archeological, Indian, Spanish, colonial, and American eras, by adopting and executing general plans, methods, and policies for permanently preserving and marking objects, sites, areas, structures, and ruins of historic or legendary significance, such as trails, post roads, highways, or railroads; inns or taverns; rivers, inlets, millponds, bridges, plantations, harbors, or wharves; mountains, valleys, coves, swamps, forests, or everglades; churches, missions, campgrounds, and places of worship; schools, colleges, and universities; courthouses and seats of government; places of treaties, councils, assemblies, and conventions; factories, foundries, industries, mills, stores, and banks; cemeteries and burial mounds; and battlefields, fortifications, and arsenals. Such preservation and marking may include the construction of signs, pointers, markers, monuments, temples, and museums, which structures may be accompanied by tablets, inscriptions, pictures, paintings, sculptures, maps, diagrams, leaflets, and publications explaining the significance of the historic or legendary objects, sites, areas, structures, or ruins;
    2. To promote and assist in the publicizing of the historical resources of the state by preparing and furnishing the necessary historical material to agencies charged with such publicity; to promote and assist in making accessible and attractive to travelers, visitors, and tourists the historical features of the state by advising and cooperating with state, federal, and local agencies charged with the construction of roads, highways, and bridges leading to such historical points;
    3. To coordinate any of its objectives, efforts, or functions with those of any agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or objectives similar or related to those of the department, and to cooperate with, counsel, and advise them;
    4. To cooperate with, counsel, and advise local societies, organizations, or groups staging celebrations, festivals, or pageants commemorating historical events;
    5. To enter into contracts with both public and private parties in connection with the exercise of the powers and duties of the department under this Code section; and
    6. To send its employees onto property, the title to which is not in the department or the State of Georgia, for the purpose of research and exploration, provided that the express written consent of the owner of such property is first obtained; provided, further, that the findings of such research and exploration shall, by prior agreement, be available to the department in the exercise of its functions under this Code section.
  2. Nothing in this Code section shall prohibit a person from restoring and utilizing an agricultural structure, including but not limited to barns, erected prior to 1965 that previously promoted Georgia tourist destinations to the traveling public for the purpose of advertising or promoting Georgia products or tourist destinations. The department shall approve applications for such structures so long as no public funds from the State of Georgia are used in connection with such restoration or utilization.

(Ga. L. 1951, p. 789, § 14; Ga. L. 1970, p. 189, § 7; Ga. L. 2013, p. 523, § 1/SB 194; Ga. L. 2014, p. 866, § 12/SB 340.)

The 2013 amendment, effective July 1, 2013, added paragraph (7).

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, designated the introductory paragraph and paragraphs (1) through (6) as subsection (a) and paragraphs (a)(1) through (a)(6), respectively, and redesignated former paragraph (7) as present subsection (b).

Cross references.

- Historic preservation generally, T. 44, C. 10.

Division of Archives and History, T. 45, C. 13, A. 3.

OPINIONS OF THE ATTORNEY GENERAL

Agreements with other agencies.

- Department is legally authorized to cooperate and enter into agreements with certain other agencies of the state respecting such matters as erosion control at historic sites. 1965-66 Op. Att'y Gen. No. 65-44.

Agreement with private corporation to maintain light on department's historic land.

- Georgia Historical Commission (now Department of Natural Resources) is empowered to enter into an agreement with a private corporation to install and maintain a mercury light on a piece of land owned by the commission (now department) which contains a battlefield monument. 1967 Op. Att'y Gen. No. 67-180.

Incurring contractual obligation for future maintenance at historic sites illegal.

- It is not legal for the Department of Natural Resources to incur a contractual obligation with respect to future maintenance of erosion control structures at historic sites. 1965-66 Op. Att'y Gen. No. 65-44.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 328 et seq.

12-3-50.1. Grants for preservation of "historic properties"; additional powers and duties of department.

  1. It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to promote and preserve the health, prosperity, and general welfare of the people, to encourage the preservation of historic properties which have historical, cultural, and archeological significance to the state.
  2. The State of Georgia is authorized to make grants, as funds are available, to any private or public organization or corporation for the preservation of "historic properties," as that term is defined by Section 301 of the National Historic Preservation Act, 16 U.S.C. 470w.
  3. The Department of Natural Resources, through its Division of Historic Preservation, shall have the additional powers and duties:
    1. To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, to direct and conduct a comprehensive state-wide survey of historic properties;
    2. To maintain an inventory and register of historic properties;
    3. To document, research, record, and evaluate the significance of historic properties;
    4. To prepare comprehensive state-wide and regional historic preservation plans;
    5. To provide technical assistance to and cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals in the development of historic preservation plans, programs, and projects;
    6. To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, in order that historic properties are taken into consideration at all levels of planning and development;
    7. To propose programs and activities to protect, preserve, and encourage the preservation of historic properties in this state;
    8. To administer programs of financial and technical assistance for historic preservation projects, including all grants made under authority of this Code section, and to specify the terms and conditions under which any grants of funds are made or used;
    9. To make recommendations on the certification and eligibility of historic properties for tax incentives and other programs of public benefit or assistance;
    10. To perform those duties and responsibilities assigned to the department under Article 3 of Chapter 2 of Title 8, under Article 1 of Chapter 10 of Title 44, and under Article 2 of Chapter 10 of Title 44;
    11. To provide public information and education, technical assistance, and training relating to historic preservation;
    12. To encourage public interest and participation in historic preservation;
    13. To advise and assist the state historic preservation officer, who shall be appointed to serve at the pleasure of the Governor; and
    14. To advise the Governor and the General Assembly on matters relating to historic preservation.

(Code 1981, §12-3-50.1, enacted by Ga. L. 1986, p. 399, § 1; Ga. L. 1996, p. 6, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a misspelling of "archeological" was corrected in subsection (a).

Administrative Rules and Regulations.

- State and federal grants programs, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-13.

12-3-50.2. Georgia Register of Historic Places.

    1. The Division of Historic Preservation of the department shall establish, maintain, and expand an inventory and register of historic places in this state, which register shall be known as the Georgia Register of Historic Places. Such register shall include:
      1. Historic property which is listed in the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. Section 470, et seq.); and
      2. Historic property which is defined as districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Natural Resources.
  1. The Division of Historic Preservation of the Department of Natural Resources shall be authorized to remove from the Georgia Register of Historic Places any property which no longer qualifies or meets the criteria for listing in such register.
  2. The Department of Natural Resources shall provide an adequate and qualified state historic preservation review board designated by the state historic preservation officer.
  3. Any person or entity may apply to the Division of Historic Preservation of the department to have property included in the Georgia Register of Historic Places. The Division of Historic Preservation of the department shall receive evidence, make investigations of such property, consult with other historic preservation experts, and obtain the recommendations of the state historic preservation review board to determine if such property should be included in the Georgia Register of Historic Places.
  4. Any person who is aggrieved or adversely affected by any order or action of the department pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §12-3-50.2, enacted by Ga. L. 1989, p. 1598, § 1; Ga. L. 1996, p. 6, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "16 U.S.C. Section 470" was substituted for "16 U.S.C. 470" in subparagraph (a)(1)(A).

Law reviews.

- For article, "The Tax Abatement Program for Historic Properties in Georgia," see 28 Ga. St. B.J. 129 (1992). For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 173 (1989).

12-3-51. Grants and gifts to department.

For carrying out any of the objectives stated in Code Section 12-3-50, the department may accept grants and gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals. Such grants or gifts shall be held and administered subject to Code Section 12-3-50, this Code section, and Code Sections 12-3-52 through 12-3-54.

(Ga. L. 1951, p. 789, § 15; Ga. L. 1952, p. 152, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 1996, p. 6, § 12.)

Cross references.

- State grants to municipalities for repair of public facilities declared by General Assembly to be of historical value, § 36-40-1.

OPINIONS OF THE ATTORNEY GENERAL

Gift conditioned on undertaking archeological excavation on donor's property.

- Department cannot accept a gift on the condition that the money be used to undertake an archeological excavation on the private property of the donor. 1969 Op. Att'y Gen. No. 69-207.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 328 et seq.

12-3-52. Archeological exploration, excavation, or surveying; administrative appeal of department orders.

  1. The State of Georgia, acting through the department and its authorized officers and employees, reserves to itself the exclusive right and privilege of exploring, excavating, or surveying all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other similar sites and objects found on all lands owned or controlled by the state, provided that this reservation shall not apply to property under the jurisdiction of the Board of Regents of the University System of Georgia.
  2. All findings of such ruins, artifacts, treasure, treasure-trove, and other similar sites and objects shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.
  3. The department is authorized to grant permits to or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field archeological research or salvage archeology through data recovery on such state properties if, in the opinion of the department, conditions or situations warrant such arrangements or agreements. All such permits and agreements that affect burial sites or burial objects shall be issued by the department in accordance with the procedures outlined in subsection (d) of this Code section.All such information and archeologically significant objects derived from archeological research conducted on state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state with the exception of those items required to be repatriated by Public Law 101-601 or by Code Section 44-12-262. In addition, the State of Georgia urges that all archeological research conducted on privately owned land within the boundaries of the state be likewise undertaken solely by recognized scientific institutions or qualified individuals.
    1. The department shall issue permits and enter into contractual agreements with recognized scientific institutions or qualified individuals for the purposes enumerated in subsection (c) of this Code section on all state owned or state controlled lands.
    2. Applicants or contractors shall submit a detailed research plan for conducting such field archeological research or salvage archeology which outlines the location, objectives, scope, methods, and expected results.
    3. If burial sites are involved, the research plan or design must include a plan for identifying and notifying lineal descendants, for skeletal analysis, and for curation and disposition as prescribed by Public Law 101-601 or by Part 1 of Article 7 of Chapter 12 of Title 44.
    4. The department, as custodian of all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other similar sites and objects found on state owned or state controlled lands, is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, recover, and repatriate such findings.
    5. Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.
    6. A permit may be revoked by the department upon a determination by the department that the permit holder has violated this chapter or any term or condition of its permit.Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (e) of this Code section.
    7. Upon issuing a permit or entering into a contract that involves aboriginal, prehistoric, or American Indian burial sites, the department shall send written notice to the Council on American Indian Concerns created by Code Section 44-12-280.
  4. Any person who is aggrieved or adversely affected by any order or action of the department shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the department is empowered to administer and enforce.In the event the department asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing on with the hearing.The burden of going forwardwith evidence on this issue shall rest with the petitioner.

(Ga. L. 1969, p. 993, § 1; Ga. L. 1985, p. 906, § 1; Ga. L. 1992, p. 1790, § 1; Ga. L. 1993, p. 91, § 12.)

12-3-53. State archeologist.

In order to implement the protective and research policies as outlined in Code Section 12-3-52, the department will appoint a state archeologist whose duties will be:

  1. To direct, coordinate, and otherwise engage in fundamental archeological research on state lands containing sites or objects of archeological significance and to advise the commissioner of natural resources in permitting or entering into contractual agreements with recognized scientific institutions or qualified individuals to do the same;
  2. To cooperate with other agencies of the state which have authority in areas where sites are located;
  3. To conduct a survey of important archeological sites located on state land and, upon request, to survey and officially to recognize significant archeological sites on privately owned land, thereby encouraging the owner to cooperate with the state to preserve the site;
  4. To conduct salvage archeology through data recovery on state sites threatened with destruction;
  5. To protect, preserve, display, or store objects of archeological significance discovered by field archeology at state sites or discovered during the course of any construction or demolition work;
  6. To establish training programs, either independently or in conjunction with institutions of higher learning, in order to disseminate knowledge concerning archeology and its related disciplines; and
  7. To encourage the dissemination of archeological facts through the print or electronic publication of reports of archeological research conducted by the department.

(Ga. L. 1969, p. 993, § 2; Ga. L. 1985, p. 906, § 2; Ga. L. 2010, p. 838, § 11/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "print or electronic" in paragraph (7).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following "archeologist" in the introductory language, and a comma was deleted following "significance" in paragraph (1).

12-3-54. Penalty.

Any person who intentionally violates Code Section 12-3-52 or who intentionally defaces, injures, destroys, displaces, or removes an object or site of archeological or historical value located on areas as designated in Code Section 12-3-52 shall be guilty of a misdemeanor.

(Ga. L. 1969, p. 993, § 3; Ga. L. 1985, p. 906, § 3.)

12-3-55. General provisions; preservation of state owned historic properties.

  1. As used in this Code section, the term:
    1. "Director" means the director of the Division of Historic Preservation of the department.
    2. "Division" means the Division of Historic Preservation of the department.
  2. The heads of all state agencies shall assume responsibility for the preservation of historic properties which are owned by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each state agency shall use, to the maximum extent, and as operationally appropriate and economically feasible, historic properties available to the agency.
  3. The provisions of this Code section shall be implemented as follows:
    1. Each agency shall commence by not later than December 31, 1998, consistent with the preservation of such properties and the mission of the agency and professional preservation standards established by the division and in consultation with the division and with the 1998 Joint Study Committee on Historic Preservation, a study of planning processes which may be required for any preservation as may be necessary to effectuate this Code section;
    2. Not later than February 15, 1999, each state agency to which this Code section will become applicable shall prepare cost estimates for the implementation of this Code section which shall include, but not be limited to, agency implementation costs and personnel utilizations. An annually updated report of such cost estimates shall be presented to the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate during the 1999 and 2000 regular sessions of the General Assembly;
    3. Not later than May 1, 1999, each state agency shall formally adopt a process for developing a preservation program;
    4. Not later than July 1, 1999, each state agency shall commence formulation of a preservation program; and
    5. Not later than July 1, 2000, each state agency shall establish and implement, in consultation with the division, a preservation program for the identification, evaluation, and nomination of historic properties to the Georgia Register of Historic Places to further the protection of such historic properties.
  4. Each agency preservation program shall ensure that:
    1. Historic properties under the jurisdiction of the agency are identified, evaluated, and nominated to the Georgia Register of Historic Places;
    2. Historic properties under the jurisdiction of the agency, as they are listed in or may be eligible for the Georgia Register of Historic Places, are managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with historic preservation provisions of this part and gives special consideration to the preservation of such values in the case of properties designated as having historic significance to this state;
    3. The agency's preservation related activities are carried out in consultation with other federal, state, and local agencies, Native American tribes, and the private sector; and
    4. The agency's procedures for compliance with historic preservation provisions of this part:
      1. Are consistent with procedures issued by the Environmental Protection Division of the department pursuant to Chapter 16 of this title, the "Environmental Policy Act," as amended;
      2. Provide a process for the identification and evaluation of historic properties for listing in the Georgia Register of Historic Places and the development and implementation of agreements in consultation with the director, local governments, Native American tribes, and the interested public, as appropriate, regarding the means by such adverse effects on such properties will be considered; and
      3. Provide for the disposition of Native American cultural items from state or tribal land in a manner consistent with Section 3(c) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. Section 3002(c), as amended.
  5. Each state agency shall initiate measures to assure that where, as a result of state action or assistance carried out by a state agency, a historic property is to be substantially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records are then deposited with the division for future use and reference.
  6. The head of each state agency shall designate a qualified official to be known as the agency's "preservation officer" who shall be responsible for coordinating that agency's activities under this Code section. Each preservation officer may, in order to be considered qualified, satisfactorily complete training programs established by the division.
  7. Consistent with the agency's mission and mandates, all state agencies shall carry out agency programs and projects in accordance with the purposes of this Code section and give consideration to programs and projects which will further the purposes of this Code section.
  8. The director shall review and comment on plans of transferees of surplus state owned historic properties not later than 90 days after such director's receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
  9. Prior to the approval of any state undertaking which may directly and adversely affect any national historic landmark, the head of the responsible state agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark and shall afford the director an opportunity to comment on the undertaking.
  10. The director shall establish an annual preservation awards program and provide citations for special achievement to officers and employees of state agencies in recognition of their outstanding contributions to the preservation of historic resources. Such program may include the issuance of annual awards by the Governor to any citizen of the state recommended for such an award by the director.
  11. The director shall promulgate regulations under which the requirements of this Code section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security.
  12. Each state agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of this part, has intentionally and significantly adversely affected a historic property to which the grant would relate or, having legal power to prevent it, allowed such significant adverse effect to occur unless the agency determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. Each agency shall consult with the director and shall allow comment on the proposed action.
  13. With respect to any undertaking subject to review under this part which adversely affects any property included or eligible for inclusion in the Georgia Register of Historic Places, the head of such agency shall document any decision made pursuant to this part. The head of such agency may not delegate his or her responsibilities pursuant to this part. Where a memorandum of agreement under this part has been executed with respect to an undertaking, such memorandum shall govern the undertaking and all of its parts.
  14. In actions where the Georgia Department of Transportation is complying with and working under the provisions of Chapter 16 of this title, the "Environmental Policy Act," as amended, for state-aid actions and the National Environmental Policy Act of 1969, 16 U.S.C. Sections 4321-4347, as amended, and Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. Section 470, as amended, for federal-aid actions, the Georgia Department of Transportation shall be exempt from the requirements of this Code section.

(Code 1981, §12-3-55, enacted by Ga. L. 1998, p. 1037, § 1; Ga. L. 1999, p. 81, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, a misspelling of "archeological" was corrected and a comma was inserted following "architectural" near the middle of paragraph (d)(2).

12-3-56. Revitalization of central business districts; government presence in historic districts.

  1. As used in this Code section, the term "division" means the Division of Historic Preservation of the department.
  2. The General Assembly recognizes that the State of Georgia has undertaken various efforts to revitalize the central business districts and in-town areas of municipalities in this state which have historically served as the centers for growth, commerce, and government in our metropolitan areas. Accordingly, the General Assembly reaffirms the commitment to strengthen those municipalities by encouraging the location of state facilities in central business districts. The General Assembly also reaffirms the commitment to provide leadership in the preservation of historic resources and to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance. To this end, the state agencies shall utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts, especially those located in central business areas. When implementing these policies, state agencies shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum benefit to, society.
  3. Whenever operationally appropriate and economically prudent, when locating state facilities, state agencies shall give first consideration to historic properties within historic districts. If no such property is suitable, then state agencies shall consider other developed or undeveloped sites within historic districts. State agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. County, city, and other local governmental agencies are also encouraged to conform to this subsection.
  4. State agencies with responsibilities for leasing, acquiring, locating, maintaining, or managing state facilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to reform, streamline, and otherwise minimize regulation, policies, and procedures that impede the state government's ability to establish or maintain a presence in historic districts or to acquire historic properties to satisfy state space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. State agencies are encouraged to seek the assistance of the division when taking these steps.
  5. In implementation of this part, the division and each state agency shall seek appropriate partnerships with local governments, Indian tribes, and appropriate private organizations with the goal of enhancing participation of these parties in the state historic preservation program. Such partnerships should embody the principles of administrative flexibility, reduced paperwork, and increased service to the public.
  6. This Code section is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the State of Georgia, its agencies or instrumentalities, its officers or employees, or any other person.

(Code 1981, §12-3-56, enacted by Ga. L. 1998, p. 1037, § 1.)

Cross references.

- Community redevelopment generally, Ga. Const. 1983, Art. IX, Sec. II, Para. VII.

Downtown development authorities, T. 36, C. 42.

City business improvement districts, T. 36, C. 43.

Urban redevelopment, T. 36, C. 61.

RESEARCH REFERENCES

Am. Jur. 2d.

- 83 Am Jur. 2d, Zoning and Planning, § 205 et seq.

12-3-57. Legislative findings; historical and cultural museum assistance program; responsibilities.

  1. As used in this Code section, the term:
    1. "Director" means the director of the Division of Historic Preservation of the department.
    2. "Division" means the Division of Historic Preservation of the department.
    3. "Local jurisdiction" means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.
    4. "Museum" means a facility in this state which is organized on a nonprofit basis for essentially educational or preservation purposes and which:
      1. Owns or utilizes tangible inanimate objects of historical or cultural significance;
      2. Is organized for the care of those objects and exhibits them to the public on a regular schedule; and
      3. Interprets the state's cultural heritage or the state's history, natural history, or history of science and technology.
    5. "Nonprofit organization" means a corporation, foundation, local jurisdiction, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.
    6. "Program" means the historical and cultural museum assistance program established under subsection (e) of this Code section.
    1. It is found and declared by the General Assembly that:
      1. Historical and cultural heritage museums present, interpret, and preserve unusual and significant objects of this state's heritage for the benefit, enjoyment, and education of the citizens from every community in the state;
      2. Historical and cultural heritage museums are unique and beneficial resources which supplement the state's educational system;
      3. These museums are the repositories and caretakers of irreplaceable cultural items for the benefit not only of today's generation, but of those yet to come;
      4. Museums, many of which are located in small communities, play an important and cost-effective role in the leisure time and tourism industry of this state; and
      5. It is desirable that the entire history and heritage of the state be displayed and interpreted to the public where this happened, creating centers of community pride and dispersing tourist activity throughout the state.
    2. The General Assembly declares that the public interest is served by the establishment of a program of financial and technical assistance to help historical and cultural heritage museums become more accessible to the citizens and visitors of this state and to assist the citizenry in better understanding its diverse cultural heritage by supporting the upgrade, care, research, interpretation, documentation, and display of the state's irreplaceable historical and cultural museum collections.
  2. Pending appropriation of funding to conduct such, there is established a historical and cultural museum assistance program in the division to provide assistance to local jurisdictions and private nonprofit organizations for museums.
  3. The department shall:
    1. Manage, supervise, and administer the program; and
    2. Coordinate the program with federal, state, or private programs that complement or facilitate carrying out the program.
    1. The purpose of the program is to make grants to local jurisdictions and nonprofit organizations for use by museums for:
      1. Research related to collections, exhibits, or other educational activities;
      2. The care, conservation, interpretation, and documentation of collections;
      3. The planning, design, and construction of exhibits;
      4. Educational programs and projects;
      5. The development of master plans for museums, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation;
      6. The construction of minor structural modifications to existing museum facilities; and
      7. The development of plans and specifications and the provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities.
    2. Grants may not be made:
      1. For routine administrative overhead expenses; or
      2. To museums operated, in whole or in part, by this state.
    3. In any fiscal year, the commissioner may allocate up to 20 percent of the total moneys appropriated for the program to be held in reserve for unanticipated projects that are eligible for assistance in accordance with paragraph (2) of subsection (d) of this Code section.
    4. The department shall make grants to museums giving due consideration to equal geographic distribution throughout the state.
    5. A grant may not exceed $10,000.00 to any single museum in any one year.
    6. The department may not make a grant to a museum under this program unless the museum has been in existence as a nonprofit institution for at least five years prior to the date of application for the grant.
  4. The department shall:
    1. Conduct a survey to identify the locations, resources, and needs of museums in this state;
    2. Provide technical and general advisory assistance to museums that qualify or seek to qualify for grants under the program; and
    3. Encourage the development of long-range planning and accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation and assists museums in meeting professional standards.
    1. The department shall carry out the purposes of the program under provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended.
    2. The filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended, shall include:
      1. Application procedures and review processes;
      2. Procedures for adequate public notice of available assistance under the program; and
      3. A set of selection criteria which the division shall consider in recommending approval of applications for grants and which must include:
        1. The relative merits of the project or activities within identified state-wide needs;
        2. The extent to which there is any contribution by the appropriate local jurisdiction to support the project being financed by the grant;
        3. The potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and
        4. Other factors that may be relevant, such as the geographic distribution of grant assistance under the program.

(Code 1981, §12-3-57, enacted by Ga. L. 1998, p. 1037, § 1; Ga. L. 2001, p. 4, § 12.)

12-3-58. Powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; historic preservation grant program.

  1. As used in this Code section, the term:
    1. "Director" means the director of the Division of Historic Preservation of the department.
    2. "Division" means the Division of Historic Preservation of the department.
    3. "Grant fund" means the historic preservation grant fund created under subsection (b) of this Code section.
    4. "Grant program" means the historic preservation grant program created under subsection (b) of this Code section.
    5. "Historic property" means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object. For purposes of this paragraph, sites significant in the history of this state shall be deemed to include without limitation combat veterans' gravesites in this state.
    6. "Local jurisdiction" means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.
    7. "Nonprofit organization" means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.
    8. "Preservation" means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.
  2. Pending appropriation of funding for such, there is created a historic preservation grant program to be administered by the division. The purpose of the grant program is to implement and encourage the preservation of historic properties as well as to promote interest in and study of such matters.
  3. The division shall:
    1. Manage, supervise, and administer the grant program; and
    2. Coordinate the grant program with federal or state programs that complement or facilitate carrying out the grant program.
  4. The grant program may be used to:
    1. Make grants to nonprofit organizations and local jurisdictions for the purpose of acquiring, rehabilitating, or restoring historic properties;
    2. Make grants to nonprofit organizations and local jurisdictions for the purpose of financing costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engineering, or other special services;
    3. Make grants to nonprofit organizations and local jurisdictions for the purpose of funding historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning and educational materials;
    4. Fund the costs of state and local preservation revolving funds for the restoration or rehabilitation of historic properties for resale or lease subject to appropriate preservation covenants which may include costs directly related to restoration or rehabilitation, such as the costs of studies, surveys, plans, and specifications and architectural, engineering, or other special services;
    5. Fund historic preservation education and promotion by the division, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and
    6. Fund the routine administration of the grant program.
    1. The director shall review and make recommendations to the commissioner, who shall approve each grant or expenditure of moneys from the grant fund.
    2. Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the director's recommendations to the commissioner on the granting of moneys from the grant fund to nonprofit organizations and local jurisdictions shall be based on a competitive selection process.
    3. In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emergency use in accordance with subsection (d) of this Code section.
    4. In any given year, expenditures for routine administration of the grant program may not exceed 10 percent of the total moneys available in the grant fund.
  5. The division shall:
    1. Ensure that funding under the grant program for the acquisition, restoration, or rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places or is a combat veteran's gravesite in this state; and
    2. Require recipients of grants made under the grant program to enter into an agreement to preserve, maintain, and allow limited public access to the historic property. This agreement shall be a recordable conservation easement for the purpose of preserving the historical aspects of the property if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations.
    1. The department shall carry out the purposes of the grant program under provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended.
    2. In addition to provisions otherwise required by this Code section, the filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the "Fair and Open Grants Act of 1993," as amended, shall include the following:
      1. Application procedures;
      2. Procedures for adequate public notice of available assistance under the grant program;
      3. Provisions for the review of plans and specifications and the inspection of projects during construction; and
      4. A set of selection criteria which the division must consider in recommending approval of applications for grants and which must include:
        1. The relative historical or cultural significance of, and urgency of need for, the project being financed with the grant;
        2. The extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project being financed with the grant; and
        3. Other factors which may be relevant, such as the geographic distribution of grant assistance from the grant fund.
  6. On or before December 31 of each year, the division shall report to the Governor and the General Assembly the financial status of the grant program and a summary of its operations for the preceding year.

(Code 1981, §12-3-58, enacted by Ga. L. 1998, p. 1037, § 1; Ga. L. 2003, p. 566, §§ 1, 2.)

Cross references.

- Historic preservation generally, T. 44, C. 10.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, a misspelling of "archeology" was corrected near the middle of paragraph (a)(5).

PART 2 H ERITAGE TRUST PROGRAM

12-3-70. Short title.

This part shall be known and may be cited as the "Heritage Trust Act of 1975."

(Ga. L. 1975, p. 962, § 1.)

12-3-71. Legislative purpose.

The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be available to all Georgians, now and in the future. The General Assembly further finds that much of this real property, because of Georgia's rapid progress over the past decade, has been altered, that its value as part of our heritage has been lost, and that such property which remains is in danger of being irreparably altered. The General Assembly declares, therefore, that there is an urgent public need to preserve important and endangered elements of Georgia's heritage, so as to allow present and future citizens to gain an understanding of their origins in nature and their roots in the culture of the past and to ensure a future sufficiency of recreational resources. The General Assembly asserts the public interest in the state's heritage by creating the Heritage Trust Program which shall be the responsibility of the Governor and the Department of Natural Resources and which shall seek to protect this heritage through the acquisition of fee simple title or lesser interests in valuable properties and by utilization of other available methods.

(Ga. L. 1975, p. 962, § 2.)

Cross references.

- Historic preservation generally, T. 44, C. 10.

Division of Archives and History, T. 45, C. 13, A. 3.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 328 et seq.

12-3-72. Definitions.

As used in this part, the term:

  1. "Board" means the Board of Natural Resources.
  2. "Heritage area" means an area of land, marsh, or water which has been identified by the board as having significant historical, natural, or cultural value.
  3. "Heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this part.

(Ga. L. 1975, p. 962, § 4.)

12-3-73. Creation of Heritage Trust Commission; appointment and criteria for selection of members; terms of office; reimbursement of members for expenses; duties.

Reserved. Repealed by Ga. L. 2019, p. 919, § 4-1/HB 553, effective July 1, 2019.

Editor's notes.

- This Code section was based on Ga. L. 1975, p. 962, § 3; Ga. L. 1982, p. 3, § 12; Ga. L. 1983, p. 460, § 1.

12-3-74. Powers and duties of board as to Heritage Trust Program.

  1. The board shall have the following powers and duties with regard to the Heritage Trust Program:
    1. To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of heritage areas and for the selection, dedication, management, and use of heritage preserves;
    2. To acquire heritage areas in the name of the State of Georgia as otherwise provided by law;
    3. To advocate and approve the dedication of heritage preserves; and
    4. To provide general supervision and direction in the protection, management, operation, and use of heritage preserves.
  2. Notwithstanding any other provision of this Code section, the board shall not have any power of purchase, condemnation, lease, agreement, gift, or devise which would have the effect of preventing, blocking, or in any manner hindering the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-253, approved December 30, 1963.

(Ga. L. 1975, p. 962, § 5.)

Cross references.

- Historic preservation generally, T. 44, C. 10.

Division of Archives and History, T. 45, C. 13, A. 3.

Administrative Rules and Regulations.

- State parks and historic sites system, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 328 et seq.

12-3-75. Dedication of property as a heritage preserve.

A heritage area which has been acquired by the Department of Natural Resources for the Heritage Trust Program may become dedicated as a heritage preserve after written recommendation of the board and approval by the Governor. Any other real property owned by the State of Georgia and under the custody of the department may be similarly dedicated. The written recommendation shall contain a provision which designates the best and most important use or uses to which the land is to be put. The dedication as a heritage preserve shall become effective when the written recommendation and the approval of the Governor are filed with the office of the Secretary of State. The written recommendation and the approval of the Governor shall be filed in the office of the clerk of the superior court of the county or counties in which the heritage preserve is located.

(Ga. L. 1975, p. 962, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Dedication, §§ 4, 5, 11, 24.

C.J.S.

- 26 C.J.S., Dedication, §§ 6, 9, 10.

12-3-76. Use of heritage preserves; state authorized to transfer interest in heritage preserve property to county or local government upon certain conditions.

  1. Heritage preserves shall be held by the state in trust for the benefit of the present and future generations of the people of the State of Georgia. Each heritage preserve shall be put to the designated use or uses which confer the best and most important benefit to the public. Heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:
    1. A state agency, department, or authority with a direct interest in the use of a heritage preserve must submit in writing a petition to the board that an imperative and unavoidable necessity for such other use exists;
    2. Upon receipt of such petition, the board shall give public hearing thereon in the county or counties in which the heritage preserve is located;
    3. The board shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and
    4. The General Assembly may then determine if such use is in the public interest and may by statute approve such other use of the heritage preserve.
  2. The State of Georgia and the Department of Natural Resources may convey fee simple title in a property dedicated as a heritage preserve under Code Section 12-3-75 for good and valuable consideration as determined by the State Properties Commission to a willing county or local government pursuant to the following procedures:
    1. The department shall submit a request in writing to the board to remove the heritage preserve dedication from the property and to convey the property to the county or local government, subject to the grant of a perpetual conservation easement to the State of Georgia and the department that is consistent with the best and most important uses established in the written recommendation and approval of the Governor dedicating the property as a heritage preserve and the conservation values identified by the department, as well as any other restrictions applicable to the property;
    2. The board shall make a determination, after a public hearing, that the removal of the heritage preserve dedication from the property and its conveyance to the county or local government subject to a conservation easement is in the best interest of the State of Georgia;
    3. The conveyance is approved by the General Assembly and the State Properties Commission; and
    4. The department shall file with the Secretary of State and the office of the clerk of the superior court of the county or counties in which the property is located a notice of the removal of the heritage preserve dedication simultaneously with the recordation of the conservation easement in the real property records of the county or counties in which the property is located.
  3. Nothing in this Code section shall be construed so as to give county or local governments the authority to assign their interests in property conveyed pursuant to subsection (b) of this Code section to a private individual or entity.
  4. Nothing in this Code section shall be construed so as to compel a county or local government to accept conveyance of a heritage preserve, and no conveyance shall take place without the approval of the local governing authority.
  5. In the event that a county or local government that is in receipt of property pursuant to this Code section determines that it is in the best interest of the county or local government, fee simple title to the property may, if approved by the department and the State Properties Commission, revert to the State of Georgia.

(Ga. L. 1975, p. 962, § 7; Ga. L. 2011, p. 672, § 1/HB 90.)

The 2011 amendment, effective May 13, 2011, designated the formerly undesignated introductory paragraph as present subsection (a); added "and" at the end of paragraph (a)(3); and added subsections (b) through (e).

Cross references.

- Historic preservation generally, T. 44, C. 10.

Division of Archives and History, T. 45, C. 13, A. 3.

RESEARCH REFERENCES

C.J.S.

- 26 C.J.S., Dedication, § 94.

12-3-77. Effect on protected status of property of dedication or other action taken by board.

Neither the dedication of a piece of property as a heritage preserve nor any action taken by the board pursuant to this part shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its dedication as a heritage preserve.

(Ga. L. 1975, p. 962, § 8.)

PART 3 S UBMERGED CULTURAL RESOURCES

Administrative Rules and Regulations.

- Submerged cultural resources, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-9.

12-3-80. "Submerged cultural resources" defined; title and exclusive right to regulate investigation, survey, and recovery; exceptions.

As used in this part, the term "submerged cultural resources" means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the investigating, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia; provided, however, that the Board of Natural Resources may determine and provide by rule that certain submerged cultural resources are of no cultural or economic value to the State of Georgia such that items or areas so designated are not subject to the provisions of this part, including any permit requirements of Code Section 12-3-82.

(Code 1981, §12-3-80, enacted by Ga. L. 1985, p. 906, § 4; Ga. L. 1988, p. 945, § 1.)

JUDICIAL DECISIONS

State of Georgia's mere constructive possession of logs submerged in the state's rivers was insufficient to claim Eleventh Amendment immunity in salvage company's in rem admiralty actions to salvage the logs; actual possession was required, and Georgia's claimed possession by locating the logs using sonar, under O.C.G.A. § 12-3-80 et seq., to confer ownership and control over the logs, owning the land on which the logs were situated, and patrolling the rivers was insufficient to establish actual possession. Aqua Log, Inc. v. Georgia, 594 F.3d 1330 (11th Cir. 2010).

Submerged logs not subject to provisions.

- When the plaintiff sought to salvage logs which sank after the logs were placed in the river as part of logging operations over a hundred years ago for transport to lumber mills, the logs were not subject to the plain language of the Submerged Cultural Resources Act, O.C.G.A. § 12-3-80 et seq., because the logs were not capable of having "cargo or tackle." Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs, 94 F. Supp. 3d 1345 (2015).

Pre-cut logs that had been at a river bottom for over 100 years were not subject to the plain language of the Submerged Cultural Resources Act (SCRA), O.C.G.A. § 12-3-80 et seq., because, although the logs were cut at both ends, the logs did not appear to be included within the purview of the SCRA because the logs were not capable of having cargo or tackle. Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Raft of Logs, F. Supp. 2d (M.D. Ga. Mar. 31, 2015).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of Abandoned Shipwreck Act of 1987 (43 USCA § 2101 et seq.), 163 A.L.R. Fed. 421.

12-3-81. Department named custodian of submerged cultural resources; rules and regulations; reporting findings; duties of state archeologist.

  1. The custodian of all submerged cultural resources shall be the Department of Natural Resources. The Board of Natural Resources is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties and are necessary for the effective administration of this part.
  2. All findings of submerged cultural resources shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.
  3. The state archeologist shall have such duties in conducting and supervising the surveillance, protection, preservation, survey, and recovery of submerged cultural resources as he is given by Code Section 12-3-53 for similar land resources.

(Code 1981, §12-3-81, enacted by Ga. L. 1985, p. 906, § 4; Ga. L. 1988, p. 945, § 2.)

Administrative Rules and Regulations.

- Submerged cultural resources, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-9.

JUDICIAL DECISIONS

Neither O.C.G.A. § 12-3-81 nor O.C.G.A. § 12-3-82(a) are unconstitutional because the statutes do not impinge on federal salvage law and the statutes are not preempted by federal salvage law. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 584 F. Supp. 2d 1367 (S.D. Ga. 2008), aff'd, 594 F.3d 1330 (11th Cir. Ga. 2010).

State's right to underwater abandoned pre-cut logs.

- State of Georgia asserted a colorable claim to abandoned pre-cut logs that sank in a Georgia river decades earlier under O.C.G.A. § 12-3-81 and the Submerged Lands Act of 1953, 43 U.S.C. § 1311(a)(1), which was one of three grounds the state was required to establish in order to assert the state's immunity from suit under U.S. Const., amend. XI and deprive a federal district court of jurisdiction over a salvor's suit to recover the logs. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 584 F. Supp. 2d 1367 (S.D. Ga. 2008), aff'd, 594 F.3d 1330 (11th Cir. Ga. 2010).

Constructive possession of submerged logs, as claimed by intervenor state under O.C.G.A. §§ 12-3-81 and12-3-82, was an insufficient interest in the logs to permit the state to assert the state's sovereign immunity to bar plaintiff salvor's suit under U.S. Const., amend. XI; the state did not have possession so as to defeat admiralty jurisdiction due to Eleventh Amendment immunity. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 632 F. Supp. 2d 1342 (M.D. Ga. 2008).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of Submerged Lands Act (SLA) of 1953, 43 U.S.C.A. §§ 1301 et seq., 68 A.L.R. Fed. 2d 363.

12-3-82. Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits.

  1. Any person desiring to conduct investigation, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation.
  2. If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource. No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the investigation, survey, protection, preservation, or recovery of other related underwater cultural resources.
  3. Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.
  4. A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52.
  5. The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate.

(Code 1981, §12-3-82, enacted by Ga. L. 1985, p. 906, § 4; Ga. L. 1988, p. 945, § 3; Ga. L. 2005, p. 632, § 1/SB 283.)

JUDICIAL DECISIONS

Neither O.C.G.A. § 12-3-81 nor O.C.G.A. § 12-3-82(a) are unconstitutional because the statutes do not impinge on federal salvage law and the statutes are not preempted by federal salvage law. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 584 F. Supp. 2d 1367 (S.D. Ga. 2008), aff'd, 594 F.3d 1330 (11th Cir. Ga. 2010).

Statute does not grant "actual possession".

- Constructive possession of submerged logs, as claimed by intervenor state under O.C.G.A. §§ 12-3-81 and12-3-82, was an insufficient interest in the logs to permit the state to assert the state's sovereign immunity to bar plaintiff salvor's suit under U.S. Const., amend. XI; the state did not have possession so as to defeat admiralty jurisdiction due to Eleventh Amendment immunity. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 632 F. Supp. 2d 1342 (M.D. Ga. 2008).

12-3-82.1. Permits for investigation, survey, or recovery of deadhead logs.

Repealed by Ga. L. 2005, p. 632, § 2/SB 283, effective January 1, 2008.

Editor's notes.

- This Code section was based on Code 1981, § 12-3-82.1, enacted by Ga. L. 2005, p. 632, § 2/SB 283; Ga. L. 2006, p. 72, § 12/SB 465.

12-3-83. Prohibited acts constituting misdemeanor.

Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guilty of a misdemeanor.

(Code 1981, §12-3-83, enacted by Ga. L. 1985, p. 906, § 4.)

ARTICLE 4 NATURAL AREAS

12-3-90. Short title.

This article shall be known and may be cited as the "Georgia Natural Areas Act."

(Ga. L. 1966, p. 330, § 1; Ga. L. 1969, p. 750, § 1.)

12-3-91. Legislative findings and declaration of purpose.

The General Assembly finds that there is an increasing nation-wide concern over the deterioration of man's natural environment in rural as well as urban areas; that there is a serious need to study the long-term effects of our civilization on our natural environment; that while the State of Georgia is still richly endowed with relatively undisturbed natural areas, these areas are rapidly being drastically modified and even destroyed by human activities; that it is of the utmost importance to preserve examples of such areas in their natural state, not only for scientific and educational purposes but for the general well-being of our society and its people. Therefore, it shall be the purpose and function of the Department of Natural Resources to:

  1. Identify natural areas in the State of Georgia which are of unusual ecological significance;
  2. Use its influence and take any steps within its power to secure the preservation of such areas in an undisturbed natural state in order that such areas may:
    1. Be studied scientifically;
    2. Be used for educational purposes;
    3. Serve as examples of nature to the general public; and
    4. Enrich the quality of our environment for present and future generations; and
  3. Recommend areas or parts of areas for recreational use.

(Ga. L. 1969, p. 750, § 2; Ga. L. 1972, p. 1015, § 1511.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pollution Control, § 7.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 102, 104, 105, 130, 166, 167. 81A C.J.S., States, § 251.

12-3-92. "Natural areas" defined.

As used in this article, the term "natural areas" means a tract of land in its natural state which may be set aside and permanently protected or managed for the purpose of the preservation of native plant or animal communities, rare or valuable individual members of such communities, or any other natural features of significant scientific, educational, geological, ecological, or scenic value.

(Ga. L. 1966, p. 330, § 2; Ga. L. 1969, p. 750, § 3.)

12-3-93. Powers and duties of department as to natural areas.

It shall be the duty of the Department of Natural Resources under this article, and it shall have the power and authority, to:

  1. Determine the acceptance or rejection of areas of special scientific interest that may be offered as a donation by individuals or organizations for preservation;
  2. Make recommendations to appropriate federal agencies or national scientific organizations of areas in the state that are considered worthy to be listed as natural areas of national importance;
  3. Prepare and publish in print or electronically an official state list of natural areas available for research and the teachings of conservation and natural history and recommend publication of studies made in connection with these areas;
  4. Cooperate with federal agencies, other states, counties, or organizations concerned with purposes similar to those to be carried out by the department under this article; and
  5. Take such other action as may be deemed advisable to facilitate the administration, development, maintenance, or protection of the natural area system or any part or parts thereof.

(Ga. L. 1966, p. 330, § 7; Ga. L. 1972, p. 1015, § 1511; Ga. L. 2010, p. 838, § 10/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraph (3).

OPINIONS OF THE ATTORNEY GENERAL

Land lying within boundaries of river.

- Department may acquire title to land lying within authorized boundaries of river or a section of a river previously designated by the General Assembly as a scenic river, but upon acquisition, the title must be transferred to another state agency designated by the General Assembly. 1970 Op. Att'y Gen. No. 70-6.

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, § 130. 81A C.J.S., States, § 251.

12-3-94. Appropriation of funds to department.

Any funds necessary to carry out this article shall come from funds appropriated or otherwise made available to the department for the purposes expressed in this article.

(Ga. L. 1969, p. 750, § 4.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 76.

ARTICLE 5 SCENIC TRAILS

12-3-110. Short title.

This article shall be known and may be cited as the "Georgia Scenic Trails Act."

(Ga. L. 1972, p. 142, § 1.)

12-3-111. Legislative purpose.

In order to provide for the increasing outdoor recreation needs of an expanding population with an increasing amount of leisure time, in order to promote the enjoyment and appreciation of the outdoor areas of Georgia, and in order to provide for a healthful alternative to motorized travel, trails should be established in urban, suburban, rural, and wilderness areas of Georgia. Therefore, the purpose of this article is to provide for a Georgia Scenic Trails System.

(Ga. L. 1972, p. 142, § 2.)

12-3-112. "System" defined.

As used in this article, the term "system" means the Georgia Scenic Trails System provided for in this article.

(Ga. L. 1972, p. 142, § 3; Ga. L. 1975, p. 799, § 1.)

12-3-113. Duties and powers of department as to system; requirements as to title to land traversed by system.

The Department of Natural Resources shall have the responsibility of creating a Georgia Scenic Trails System. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the system, to acquire or otherwise gain control over or rights to the use of the necessary land for the system, and to construct, manage, and maintain the system. For the purpose of carrying out its primary duties as provided in this article, the department shall be authorized to exercise any powers heretofore provided by law for the department, except for the powers of eminent domain. Notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, the department shall be authorized to expend state funds for construction, maintenance, and management of trails on lands acquired through purchase, easement, lease, or donation; provided, however, that no buildings shall be constructed on any real estate to which the State of Georgia does not hold title in fee simple, unless it is held under a quitclaim deed with a reversionary interest in the federal government or under a long-term federal license agreement with a reversionary interest in the federal government.

(Ga. L. 1972, p. 142, § 4; Ga. L. 1972, p. 1015, § 1511; Ga. L. 1973, p. 1260, § 1.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

12-3-114. Policies to guide department in creating and administering system.

The department shall be guided by the following policies in creating and administering the Georgia Scenic Trails System:

  1. A balanced system of trails throughout the state should be sought, including, but not limited to, the following types of trails:
    1. Urban trails. These would be located within or close to urban centers and would accommodate intensive use from urban residents. Activities would include jogging, walking, and touring historic sites and other points of interest;
    2. Bicycle trails. These would be located in urban, suburban, or rural areas and should be easily accessible to population centers. Bicycle trails in urban areas should provide an acceptable alternative to certain motorized transportation, and the cyclist should be protected from motorized traffic capable of traveling over 20 miles per hour;
    3. Horse trails. These may extend through urban, suburban, rural, or wilderness areas and should be accessible to population centers. Supporting facilities may include stables, corrals, drinking water, primitive campsites, and shelter;
    4. Rural hiking trails. These would be accessible to, but not within, population centers and may traverse areas of historic or scenic interest, pastureland, and woodland. Activities would include hiking, walking, jogging, touring, camping, and fishing. Support facilities may include simple toilet facilities, drinking water, primitive campsites, and picnic tables and benches;
    5. Primitive hiking trails. These would be primarily to provide the beauty and inspiration of the wilderness experience to an increasingly urban society. They may traverse small areas of pastoral land or roadway but would be largely in undisturbed wilderness areas. Any facilities should be primitive in nature and widely separated;
    6. Historical trails. These would emphasize important events in the history of Georgia and would be appropriately marked to allow the user to become familiar with such history;
    7. Bikeways. These would be publicly owned and maintained paved paths, ways, or trails designated and signed as bicycle and electric assisted bicycle routes and located in urban, suburban, or rural areas. Notwithstanding any other provisions of this article, the routes of such bikeways shall be determined by the local governing authority wherein such bikeways would be located and shall be approved by the Department of Transportation. For purposes of this subparagraph, the term "electric assisted bicycle" shall have the same meaning as set forth in Code Section 40-1-1;
    8. Combination trails. These would be trails consisting of combinations of any of the types of trails described in subparagraphs (A) through (G) of this paragraph;
  2. The use of the trails should be limited to those activities for which intended, and appropriate steps should be taken to enforce this policy;
  3. The physical facilities provided for the trails, such as trail markers, signs, toilet facilities, shelters, drinking water, campsites, picnic tables, and parking areas, should be in keeping with the intended use of the trails and with health, sanitation, and safety requirements but should make minimum changes in the natural environment consistent with those objectives;
  4. Assistance and encouragement should be provided for local governments in the development of trails, and a procedure should be adopted whereby such trails could be regulated and maintained as a part of the system;
  5. The advice, cooperation, and assistance of other state agencies, local governments and agencies thereof, and private associations and organizations should be sought in developing and maintaining the system;
  6. Planning and developing the system should be coordinated with the regional commissions and the Department of Community Affairs;
  7. Trails should be planned, constructed, and maintained on a long-term basis, and in connection therewith long-term control of the land making up the trails should be established by the acquisition in fee simple of rights of way to such land or by leases, easements, or other appropriate long-term agreements; and where feasible, rights of way should be of sufficient width to preserve the recreational, scenic, or historical uniqueness of the trail; and
  8. A program for the education of the public on the effective use and care of trails should be established.

(Ga. L. 1972, p. 142, § 5; Ga. L. 1975, p. 799, § 2; Ga. L. 1989, p. 1317, § 6.3; Ga. L. 1992, p. 6, § 12; Ga. L. 2008, p. 181, § 19/HB 1216; Ga. L. 2019, p. 264, § 1/HB 454.)

The 2019 amendment, effective July 1, 2019, in subparagraph (1)(B), in the second sentence, inserted "certain" in the middle, and added "capable of traveling over 20 miles per hour" at the end; and, in subparagraph (1)(G), inserted "and electric assisted bicycle" in the middle of the first sentence, and added the third sentence.

Cross references.

- Operating requirements for bicycles, § 40-6-290 et seq.

JUDICIAL DECISIONS

Cited in DeWaters v. City of Atlanta, 169 Ga. App. 41, 311 S.E.2d 232 (1983).

12-3-115. Construction of bicycle trails and bikeways by Department of Transportation.

  1. The Department of Transportation is authorized and directed to construct bicycle trails and bikeways in this state after the routes of such trails and bikeways have been determined by the Department of Natural Resources or by local governing authorities and approved by the Department of Transportation pursuant to this article.
  2. Nothing contained in this Code section shall be deemed or construed to prevent local governing authorities or private associations and organizations from constructing bicycle trails in this state, provided that the power of eminent domain shall not be exercised for the acquisition or construction of such trails.

(Ga. L. 1973, p. 470, § 1; Ga. L. 1975, p. 799, § 3.)

Cross references.

- Operating requirements for bicycles, § 40-6-290 et seq.

RESEARCH REFERENCES

ALR.

- State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R.4th 204.

12-3-116. Responsibility and liability of owners of premises traversed by system.

  1. Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to hunt, fish, swim, trap, camp, hike, sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises.
  2. Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

(Ga. L. 1972, p. 142, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 57A Am. Jur. 2d, Negligence, §§ 21, 129. 62 Am. Jur. 2d, Premises Liability, §§ 1, 6, 7, 13, 24, 69, 89, 90, 110, 210, 213, 283.

C.J.S.

- 65A C.J.S., Negligence, § 408 et seq.

ALR.

- Liability for injury or death of nonparticipant caused by water skiing, 67 A.L.R.3d 1218.

Liability of swimming facility operator for injury or death allegedly resulting from defects of diving board, slide, or other swimming pool equipment, 85 A.L.R.3d 849.

Liability of swimming facility operator for injury to or death of trespassing child, 88 A.L.R.3d 1197.

Liability of swimming facility operator for injury or death inflicted by third person, 90 A.L.R.3d 533.

12-3-117. Adoption and promulgation of rules and regulations by Board of Natural Resources.

The Board of Natural Resources is authorized to adopt and promulgate such rules and regulations as may be necessary to carry out this article.

(Ga. L. 1972, p. 142, § 7.)

Administrative Rules and Regulations.

- State parks and historic sites system, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

ARTICLE 6 MEMORIALS

Editor's notes.

- By resolution (Ga. L. 1988, p. 2071), the General Assembly directed the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.

PART 1 F RANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION

12-3-130 through 12-3-133.

Reserved. Repealed by Ga. L. 2001, p. 873, § 1, effective July 1, 2001.

Editor's notes.

- This part was based on Ga. L. 1979, p. 997, §§ 1-4; Ga. L. 1995, p. 1302, § 15; Ga. L. 2001, p. 4, § 12.

PART 2 F RANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL

Editor's notes.

- By resolution (see Ga. L. 1982, p. 1323), the General Assembly designated the Roosevelt Warm Springs Institute for Rehabilitation as a living memorial to President Franklin Delano Roosevelt and requested congressional and presidential acknowledgment and acceptance of the institute as a living memorial.

OPINIONS OF THE ATTORNEY GENERAL

Authorized use of firefighting equipment.

- Broad grant of authority given by this part, when coupled with the specific legislative statement liberally construed, would seem to authorize the commission (now department) to use the commission's (now department's) fire truck and firefighting equipment anywhere the commission (now department) pleases, provided the commission (now department) be deemed by that body that such use would be in the furtherance of the purposes for which the commission (now department) was created. 1948-49 Op. Atty. Gen. p. 351 (see O.C.G.A. Pt. 2, Ch. 3, T. 12).

12-3-150. Duty of department to administer and maintain memorial.

It shall be the duty of the Department of Natural Resources to proceed with the making and developing of plans for, administering, and maintaining a memorial in the vicinity of Warm Springs, Georgia, to perpetuate the memory of the late Franklin D. Roosevelt.

(Ga. L. 1946, p. 31, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Establishment of obligation to pay funds into state treasury resulting from a transfer of functions under this part is a matter of substantive law, and under Ga. Const. 1976, Art. III, Sec. X, Para. IV (see Ga. Const. 1983, Art. III, Sec. IX, Para. III), substantive laws cannot be contained in the General Appropriations Act. 1980 Op. Att'y Gen. No. 80-118.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8 et seq., 91, 230, 231.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 106.

12-3-151. Powers of department.

The department shall have the following powers:

  1. To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part;
  2. To accept donations, grants, and subsidies from any source and use them in purchasing and improving such property as the department may deem necessary to effectuate its aims and purposes under this part;
  3. To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable;
  4. To acquire in the name of the state by donation or by purchase any real property or interest in real property in compliance with Article 2 of Chapter 16 of Title 50, the "State Properties Code."
  5. To make contracts and to execute all instruments necessary or convenient for the purposes expressed in this part, including contracts for construction of such memorial and improvements thereto;
  6. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned by the department;
  7. To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development or any similar agency, or from any state or any political subdivision, agency, or instrumentality thereof, and such loan or grant shall be upon such terms and conditions as the lending or granting body may impose;
  8. To fix and recommend from time to time fees, rentals, and other charges for the use of the facilities and services furnished by the department; to charge and collect them; and to lease and to make contracts with any person with respect to the use of any facility or part thereof;
  9. To do all things necessary or convenient to carry out the powers expressed in this part.

(Ga. L. 1946, p. 31, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 118, § 1; Ga. L. 1960, p. 1039, § 1; Ga. L. 1980, p. 593, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Department authorized to conduct concession stands at site.

- This section grants the commission (now department) full authority to conduct concession stands at the park site, provided the profits from such stands are used for the advancement of the purpose for which the commission (now department) was created. 1948-49 Op. Att'y Gen. p. 350 (see O.C.G.A. § 12-3-151).

Department may contract for firefighting equipment.

- Commission (now department) may in the commission's (now department's) discretion conclude contracts with neighboring towns for the use of the firefighting equipment if by so doing the commission (now department) may further the purposes for which the commission (now department) was created. 1948-49 Op. Att'y Gen. p. 351.

Under the authority contained in Ga. L. 1946, p. 31, §§ 3 and 4 (see O.C.G.A. §§ 12-3-151 and12-3-153), the Franklin D. Roosevelt Warm Springs Memorial Commission (now Department of Natural Resources) has the authority and power to enter into a contract with the Warm Springs Foundation, a private corporation, whereby the latter furnishes, as consideration for the use of the firefighting equipment, the necessary water supply to the department. 1948-49 Op. Att'y Gen. p. 353.

Purchases by the commission (now department) are subject to general statutory budgetary requirements, as are those of other state departments. 1950-51 Op. Att'y Gen. 442.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8 et seq., 230, 231.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 106.

12-3-152. Franklin D. Roosevelt Warm Springs Memorial Advisory Committee created; composition; duties of committee; officers; quorum; reimbursement for expenses; appointment of successors; terms of members.

  1. There is created the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee. The members of the committee shall consist of the members of the heretofore existing Franklin D. Roosevelt Warm Springs Memorial Commission in office on May 1, 1981, each of whom shall serve for the unexpired portion of his respective office on the commission.
  2. The committee shall consult with and advise the Governor, the Board of Natural Resources, and the department concerning the execution of the functions conferred on the department by this part.
  3. The committee shall elect one of its members as chairman and another as vice-chairman and shall also elect a secretary and treasurer, who need not be members of the committee.
  4. A majority of the committee shall constitute a quorum.
  5. No member of the committee shall be entitled to compensation, but each member shall be reimbursed from state funds for actual transportation costs while traveling by public carrier, at the legal mileage rate for use of a personal automobile, and the actual cost of lodging and meals while away from his office on official state business.
  6. As the terms of office of members expire, successors shall be appointed by the Governor for terms of seven years and until their successors are appointed and qualified.

(Ga. L. 1980, p. 593, § 1; Ga. L. 1981, p. 849, § 1; Ga. L. 1982, p. 3, § 12.)

Cross references.

- Legal mileage allowance, § 50-19-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 21, 91.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23.

12-3-153. Construction of part.

This part shall be liberally construed to effect the purposes hereof.

(Ga. L. 1946, p. 31, § 4.)

OPINIONS OF THE ATTORNEY GENERAL

Contracting for firefighting equipment authorized.

- Under the authority contained in Ga. L. 1946, p. 31, §§ 3 and 4 (see O.C.G.A. §§ 12-3-151 and12-3-153), the Franklin D. Roosevelt Warm Springs Memorial Commission (now Department of Natural Resources) has the authority and power to enter into a contract with the Warm Springs Foundation, a private corporation, whereby the latter furnishes, as consideration for the use of the firefighting equipment, the necessary water supply to the department. 1948-49 Op. Att'y Gen. p. 353.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 21, 91.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23.

PART 3 T Y COBB MEMORIAL

Administrative Rules and Regulations.

- Transfer of Ty Cobb Baseball Memorial Commission, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-7.

12-3-170. Making and developing plans for administration and maintenance of memorial or shrine.

It shall be the duty of the Department of Natural Resources to proceed with the making and developing of the plans for administering and maintaining a memorial or shrine at or in the vicinity of Royston, Franklin County, Georgia, to perpetuate the memory of the late Ty Cobb.

(Ga. L. 1962, p. 706, § 2.)

Editor's notes.

- Pursuant to Ga. L. 1976, p. 736, the Ty Cobb Baseball Memorial was conveyed to the City of Royston on October 15, 1976.

12-3-171. Powers of department as to memorial or shrine.

The department shall have the following powers and authority under this part:

  1. To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part;
  2. To accept donations, grants, and subsidies from any source and use them in purchasing and improving such property as the department may deem necessary to effectuate its aims and purposes under this part;
  3. To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable;
  4. To provide for public admission to such memorial or shrine and to provide for revenue for maintenance and improvements by charging admissions or in other ways as may be desired, provided that all such income shall be used for the advancement of the purposes of the department under this part;
  5. To acquire in its own name, by donation or by purchase, on such terms and conditions and in such manner as it may deem proper, in accordance with and subject to the provisions of law, real property or rights or easements therein or franchises necessary or convenient for the purposes specified in this part; and to lease, make contracts with respect to the use of, or dispose of the same in any manner as it deems best;
  6. To make contracts and to execute all instruments necessary or convenient for the purposes expressed in this part, including contracts for construction of such memorial or shrine and improvements thereto;
  7. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned, leased, or otherwise used by the department;
  8. To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development or any similar agency, or from any state or any political subdivision, agency, or instrumentality thereof, upon such terms and conditions as the lending or granting body may impose;
  9. To fix and recommend from time to time fees, rentals, and other charges for the use of the facilities and services furnished by the department; to charge and collect the same; and to lease and to make contracts with any person with respect to the use of any facility or part thereof;
  10. To provide for honorary committees of representative citizens in every section of the United States who are interested in perpetuating the name of Ty Cobb;
  11. To do all things necessary or convenient to carry out the powers expressed in this part.

(Ga. L. 1962, p. 706, § 3; Ga. L. 1972, p. 1015, § 1508; Ga. L. 1982, p. 3, § 12.)

12-3-172. Construction of part.

This part shall be liberally construed to effect the purposes hereof.

(Ga. L. 1962, p. 706, § 4.)

PART 4 S TONE MOUNTAIN MEMORIAL ASSOCIATION

Cross references.

- Prohibition against selling real property, § 50-16-3.1.

12-3-190. Short title.

This part may be cited as the "Stone Mountain Memorial Association Act."

(Ga. L. 1958, p. 61, § 1.)

12-3-191. Definitions.

As used in this part, the term:

  1. "Association" means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested.
  2. "Bonds" or "revenue bonds" means any bonds issued by the association under this part, including refunding bonds.
  3. "Cost of project" means the cost of acquiring, constructing, developing, improving, equipping, adding to, extending, remodeling, managing, and operating the project or any part thereof, including, without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and equipment necessary for constructing, improving, developing, adding to, remodeling, managing, maintaining, and operating the project; financing charges and interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development, and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, engineers, and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this part, including fiscal agents' fees and the estimated cost of operating the project for a period not exceeding 12 months, and the expense of construction, development, improvement, management, maintenance, operation, or any other action permitted by this part with respect to the project and the placing of the same in operation, and including any other expense authorized by this part to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under this part for such project.
  4. "Governing authority of a county" means the commissioner, board of commissioners, commission, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.
  5. "Governing authority of a municipality" means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation.
  6. "Master plan" means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various construction projects as amended prior to January 1, 1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2.
  7. "Project" means Stone Mountain and property adjacent thereto acquired by the association and all accommodations, utilities, facilities, services, and equipment necessary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing, and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate memorial and public recreational area, and the construction, improvement, development, maintenance, management, operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permitted by this part.

(Ga. L. 1958, p. 61, § 2; Ga. L. 1964, p. 357, § 1; Ga. L. 1995, p. 105, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, former paragraphs (4) and (5) were redesignated as present paragraphs (5) and (4), respectively, to alphabetize the definitions.

12-3-192. Creation of association.

  1. There is created a body corporate and politic and instrumentality and public corporation of this state to be known as the Stone Mountain Memorial Association. It shall have perpetual existence. In such name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
  2. The association is assigned to the Department of Natural Resources for administrative purposes only.

(Ga. L. 1958, p. 61, § 3; Ga. L. 1972, p. 1015, § 1520.)

Cross references.

- Effect of assignment for administrative purposes, § 50-4-3.

12-3-192.1. Purposes of association.

The purposes of the Stone Mountain Memorial Association shall include:

  1. To preserve the natural areas situated within the Stone Mountain Park area;
  2. To provide access to Stone Mountain for Georgia's citizens; and
  3. To maintain an appropriate and suitable memorial for the Confederacy.

(Code 1981, §12-3-192.1, enacted by Ga. L. 1999, p. 160, § 1.)

12-3-193. Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records.

  1. The association shall be composed of the commissioner of natural resources or his or her designee and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term.
  2. The Governor shall appoint the chairperson of the association for a term of one year from among the members of the association which the Governor appoints. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four-year term as a member of the association. The association shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
  3. The association may make such bylaws for its government as is deemed necessary but is under no duty to do so.
  4. Any five members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.
  5. The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the association, for their services.
  6. Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once in each year.

(Ga. L. 1958, p. 61, § 4; Ga. L. 1978, p. 2041, §§ 1, 2; Ga. L. 1984, p. 501, § 1; Ga. L. 1985, p. 149, § 12; Ga. L. 1985, p. 465, § 1; Ga. L. 1990, p. 872, § 2; Ga. L. 1991, p. 1690, § 1; Ga. L. 1995, p. 105, § 4.)

Cross references.

- Legal mileage allowance, § 50-19-7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, a hyphen was inserted between "four" and "year" in the second sentence of subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Meetings of the association may be conducted by speaker telephone conference when public access is provided. 1985 Op. Att'y Gen. No. 85-26.

12-3-194. Powers of association generally.

The association shall have, in addition to any other powers conferred in this part, the following powers:

  1. To have a seal and alter it at its pleasure;
  2. To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protection of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon;
  3. To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; provided, however, that as provided in subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary for a public road right of way;
  4. To appoint such additional officers, who need not be members of the association, as the association deems advisable, and to employ such experts, agents, and employees as may be in its judgment necessary to carry on properly the business of the association; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided, however, that all legal services for the association except legal services in validating and approving bonds authorized by this part shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services within or outside the State of Georgia, except for validating and approving such bonds. The association shall have authority to pay such federal fees, stamps, and all licenses, together with any court costs that may be incurred by virtue of the powers granted by this part;
  5. To make such contracts and agreements as the legitimate and necessary purposes of this part shall require and to make all other contracts and agreements as may be necessary or convenient in the management of the affairs of the association or in the operation of the project, including, but not limited to, any lease of the project or any part thereof, and any contract with respect to the use of the property or any part thereof for concessions, services, or accommodations to be offered to the public within the project area. Any and all persons, firms, and corporations, including any public officer or agency, are authorized to enter into contracts, leases, or agreements with the association upon such terms and for such purposes as may be deemed advisable;
  6. To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided, however, that:
    1. The association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee; and
    2. Except as contained in the master plan as it existed on January 1, 1995, no development shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Games for archery and for the velodrome shall be removed at the completion of the Olympic Games and the grounds returned to an undeveloped state. After the removal of such construction, only construction contained in the master plan as it existed on January 1, 1995, may take place in the natural district except as the master plan may be amended in accordance with Code Section 12-3-194.2;
  7. To borrow money for any of its corporate purposes and to issue bonds and other evidence of indebtedness for such purposes as provided in this part;
  8. To pledge to the payment of its bonds any property or revenues derived therefrom;
  9. To establish rates, tolls, fees, and charges for its facilities and services, including fees or charges for access to the memorial, and to alter such rates and charges, and to collect and enforce collection of the same; provided, however, that the association shall be a nonprofit organization, and such rates, tolls, fees, and charges shall be only sufficient to produce funds necessary to construct, reconstruct, develop, improve, equip, manage, and operate the project and to pay the principal of and the interest on obligations of the association and expenses in connection therewith and to create reserves therefrom for the purpose of adding to, extending, improving, and equipping the project;
  10. To exercise any power which may be granted or authorized to be granted to private corporations, not in conflict with the Constitution and laws of this state nor with the other provisions of this part;
  11. To prescribe rules and regulations for the operation of the project, should the association deem such rules and regulations necessary;
  12. To do and perform all things necessary or convenient to carry out the powers conferred upon the association;
  13. To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts, and other equipment and appliances of any public utility in, on, along, over, or under the project or any part thereof; and
  14. To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages, as defined in Title 3, at any motel, hotel, restaurant, coliseum area, or convention center of the association and at any group or meeting function closed to the general public and for which services are provided by contract with the association within or upon property or facilities owned, operated, used, or controlled by the Stone Mountain Memorial Association, but no licenses for the sale of alcoholic beverages in unbroken packages for carry-out purposes shall be issued.

(Ga. L. 1958, p. 61, § 5; Ga. L. 1959, p. 333, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1982, p. 804, § 1; Ga. L. 1983, p. 3, § 9; Ga. L. 1988, p. 218, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 1781, § 1; Ga. L. 1995, p. 105, § 5; Ga. L. 1996, p. 6, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "$1 million" was substituted for "$1,000,000.00" in subparagraph (6)(A).

Pursuant to Code Section 28-9-5, in 1995, in paragraph (6), a comma was inserted between "provided" and "however" in the introductory language and a semicolon substituted for the period at the end of subparagraph (6)(B).

12-3-194.1. Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia.

    1. The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.
    2. In addition to the powers provided in paragraph (1) of this subsection, the association is empowered to exercise the police powers of the state in an area extending not more than 500 yards from the park boundaries adjacent to the entrances and exits, other than entrances or exits adjacent to the corporate limits of a municipality, which are used regularly by patrons attending functions at Stone Mountain Park and in an area extending not more than 500 yards from the tennis center.
  1. The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park for which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state. The association is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, the association is authorized to appoint peace officers, who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the association. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, such peace officers shall have the same authority, powers, and privileges regarding enforcement of laws as peace officers employed by county and municipal police departments of this state. Prosecutions for violations of the ordinances of the association shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The association may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
  2. For purposes of this Code section, the Magistrate Court of DeKalb County shall have jurisdiction and authority to hear and try those offenses occurring within the limits of Stone Mountain Park which violate the ordinances of the association and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of DeKalb County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of DeKalb County for jury trial by any defendant charged with one or more violations of the ordinances of the association. The Superior Court of DeKalb County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of DeKalb County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided.
  3. The Stone Mountain Memorial Association shall continue the practice of stocking, restocking, and sales of confederate memorabilia.

(Ga. L. 1963, p. 649, § 1; Code 1981, §12-3-194.1, enacted by Ga. L. 1985, p. 448, § 1; Ga. L. 1986, p. 10, § 12; Ga. L. 2000, p. 1178, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, in subsection (d), a comma was added following "restocking".

Editor's notes.

- The provisions of subsection (b) which relate to the appointment of security officers were previously enacted in similar form by Ga. L. 1963, p. 649, § 1, which was not codified in the O.C.G.A. until 1985.

12-3-194.2. Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put.

  1. The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the "natural district" shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor and that survey, as approved by the association members at a regularly scheduled public meeting of the association, shall become a part of the master plan.
  2. Except as otherwise provided in subsection (c) of this Code section, the association may, from time to time, amend the master plan but only in compliance with the following procedure:
    1. Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association;
    2. A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the association shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications of the association;
    3. The association shall transmit three copies of the summary provided for in paragraph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations provided in this paragraph a notice of the assignment to the chairperson of the appropriate standing committee;
    4. In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the association adopts the proposed amendment over the objection, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amendment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval;
    5. Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernible on the ground by members of the public;
    6. A public hearing shall be held no earlier than 15 days after the most recent publication of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and
    7. No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection.
    1. The properties designated as the natural district on the master plan, as it exists on April 14, 1997, shall be held by the association in trust for the benefit of the present and future generations of the people of the State of Georgia. The natural district shall be put to the designated use or uses which are shown within the master plan as it exists on April 14, 1997, which use or uses are found to confer the best and most important benefit to the public. The natural district shall not be put to any uses other than those shown on the master plan except pursuant to the following procedures:
      1. If the association determines that there may exist an imperative and unavoidable necessity for a use of the natural district other than those uses identified in the master plan, the association shall hold a public hearing thereon in either DeKalb County or Gwinnett County;
      2. The association shall consider fully all testimony relative to the proposed use of the natural district and submit a recommendation to the General Assembly; and
      3. The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other use of the natural district.
    2. Neither the designation of a piece of property as a part of the natural district nor any action taken by the association pursuant to this Code section shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its inclusion within the natural district.
    3. Notwithstanding any other provision of this Code section to the contrary, the association shall:
      1. Consider in all of its decisions regarding changes to, and implementation of, the master plan the effect of such change or implementation upon the rare plant known as the rock aster, Aster Avitus, growing within Stone Mountain Park; and
      2. Maintain the services of a qualified naturalist to assure that rare and endangered plants within Stone Mountain Park, whether growing inside or outside of the natural areas, are protected.

(Code 1981, §12-3-194.2, enacted by Ga. L. 1995, p. 105, § 6; Ga. L. 1996, p. 6, § 12; Ga. L. 1997, p. 839, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, "April 14, 1997" was substituted for "the effective date of this subsection" in two places in paragraph (c)(1).

12-3-195. Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due.

  1. The rentals contracted to be paid by the state or any department, agency, or institution of the state to the association under leases entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution of the state to see to the punctual payment of all such rentals.
  2. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this part, the association may enforce performance by any legal or equitable process against lessees, and consent is given for the institution of any such action.
  3. The association shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the association.

(Ga. L. 1958, p. 61, § 22; Ga. L. 1964, p. 357, § 3.)

12-3-196. Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services.

  1. In the event any portion of Stone Mountain proper or of the area surrounding the mountain, which portion or area may be necessary in the opinion of the Governor for use in developing the property, cannot be acquired by purchase, it shall be the duty of the Governor, the state auditor, and the Attorney General to acquire the same by condemnation proceedings, such condemnation proceedings to be subject to the applicable provisions of law relating to the condemnation of property by the State of Georgia. The Governor, the state auditor, and the Attorney General are authorized and directed to proceed to acquire by condemnation, as authorized by such law, and in the way and manner provided by such law, any such portion of the property deemed by the Governor to be necessary for the proper development of Stone Mountain which cannot be acquired by the association by gift or purchase.
  2. The Governor is authorized to convey to the association, on behalf of the state, Stone Mountain and the property adjacent thereto or any interest therein and any rights of way now or hereafter owned by the state. The consideration for such conveyance shall be determined by the Governor and expressed in a deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration. Upon such conveyance being executed and delivered, all right, power, and authority of any instrumentality, agency, department, or office of the state to possess or improve or otherwise deal with the Stone Mountain property, except as provided by this part, shall terminate.
  3. The governing authority of any county or municipality of this state is authorized and empowered on behalf of such county or municipality to convey to the association any interest of such county or municipality in Stone Mountain and any property adjacent thereto and any rights of way for roads or highways, including such roads and highways traversing any such property, now or hereafter owned by such county or municipality. The consideration for any such conveyance shall be determined by the governing authority of such county or municipality and expressed in a deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the county or municipality and its citizens constituting full and adequate actual consideration.
  4. The state, any department, board, or agency of the state, and any county or municipality of the state are authorized to furnish to the association any available facilities, machinery, equipment, services, or labor needful or necessary in the improvement of the property of the association, without cost to the association. The expense of any such facilities or services shall be deemed proper and legitimate expenses of the state or of such department, board, agency, county, or municipality.

(Ga. L. 1958, p. 61, § 6; Ga. L. 1982, p. 3, § 12.)

Cross references.

- Condemnation procedure generally, T. 22, C. 2.

12-3-197. Transfer of funds to association.

The Governor is authorized and directed to transfer to the association, for use in acquiring Stone Mountain and the surrounding area, any available funds of the state not otherwise appropriated.

(Ga. L. 1958, p. 61, § 7.)

12-3-198. Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way.

  1. The State Transportation Board is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without the project area, as may be necessary to the relocation of any roads, streets, or highways within the property of the association. The board shall, at the expense of the Department of Transportation, relocate such roads, streets, and highways so as to conform to the plan of the association for the development and improvement of the project.
  2. The association may grant rights of way and easements for highways and roads within the project area to the Department of Transportation. The Department of Transportation is authorized to lay out, construct, improve, and maintain any such roads and rights of way. The cost of any such undertaking shall be deemed to be a proper and legitimate expense of the Department of Transportation.
  3. The State Transportation Board or its successors and the Department of Transportation are empowered to acquire, in any manner permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the project. The board and the department are authorized to expend any available funds for the purpose of such locating and relocating and for constructing, improving, and maintaining any such highways and roads; and the cost of any such undertaking shall be deemed a proper and legitimate expense of such board or department.

(Ga. L. 1958, p. 61, § 8.)

12-3-199. Association fund.

  1. All revenues in excess of all obligations of the association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the association for the security of bonds issued under this part, together with all receipts and gifts of every kind and nature whatsoever, shall be and become the association fund.
  2. The association, in its discretion, shall pledge or utilize the association fund for any one or more of the following purposes:
    1. Pledges to the payment of any bond issue requirements, or to sinking or reserve funds, as may be provided for under the terms of this part;
    2. Payment of any outstanding unpaid bond obligations or administrative expenses;
    3. The most advantageous obtainable purchase, redemption, and retirement of the association's bonds pursuant to privileges accorded to the association in the various issues of bonds outstanding;
    4. Investment or reinvestment in any of the following obligations:
      1. Obligations of this state or other states;
      2. Obligations issued by the United States;
      3. Obligations fully insured or guaranteed by a United States government agency;
      4. Obligations of any corporation of the United States;
      5. Prime bankers' acceptances;
      6. The local government investment pool established by Chapter 83 of Title 36, the "Local Government Investment Pool Act";
      7. Repurchase agreements;
      8. Obligations of other political subdivisions of this state; and
      9. Certificates of deposit;

        provided, however, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes authorized by this chapter.

  3. After all outstanding bonds or obligations of the association issued to pay the cost of the project or any part thereof have been paid or satisfied by payment redemption and retirement, or otherwise, all revenues from the project in excess of those necessary to maintain, operate, and manage such project (including extensions, renewals, and additions thereto), unless otherwise allocated or pledged as provided in this Code section, shall be paid to the state treasury and become a part of the general funds of the state.

(Ga. L. 1958, p. 61, § 9; Ga. L. 1982, p. 1864, §§ 1, 2.)

12-3-200. Revenue bonds - Power of association to adopt resolutions providing for and to issue bonds.

The association, or any association, authority, or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the association, shall have power and is authorized at one time, or from time to time, to issue negotiable bonds in a sum not to exceed $15 million in principal amount outstanding at any one time, for the purpose of paying all or any part of the cost of the project, including the acquisition of the property authorized by paragraph (2) of Code Section 12-3-194 to be acquired by the association, in the event funds for such acquisition do not become available under Code Section 12-3-197. The association shall also have the power to adopt all necessary and appropriate resolutions to provide for the issuance of such negotiable bonds.

(Ga. L. 1958, p. 61, § 10; Ga. L. 1959, p. 333, § 2; Ga. L. 1964, p. 357, § 2; Ga. L. 1967, p. 794, § 1.)

Cross references.

- Revenue bonds generally, § 36-82-60 et seq.

12-3-201. Revenue bonds - Sale by public competitive bidding; determination of price and rate of interest; dating of bonds; payment of principal and interest; time of maturity.

  1. All bonds of the association shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery, provided that the association may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. All bonds of the association shall be advertised and offered prior to the fixing of the interest rates thereon; and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the association may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of bonds. The association may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding.
  2. Bonds shall be dated, shall bear interest determined as provided in subsection (a) of this Code section, and shall be payable as to both principal and interest in such manner as may be determined by the association. The principal of and interest on such bonds shall be payable solely from the special fund provided in Code Section 12-3-212 for such payment.
  3. Bonds shall mature not more than 25 years from the date of such bonds and may be made redeemable before maturity at the option of the association at such price or prices and under such terms and conditions as may be fixed by the association in the resolution providing for the issuance of bonds.

(Ga. L. 1958, p. 61, § 11.)

12-3-202. Revenue bonds - Form; denominations; place of payment of principal and interest; issuance in coupon or registered form.

The association shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the association may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest.

(Ga. L. 1958, p. 61, § 12.)

12-3-203. Revenue bonds - Signatures; seal.

All bonds shall be signed by the chairman of the association, shall be attested by the secretary thereof, and shall bear the official seal of the association. Any coupons attached thereto shall bear the signature of the chairman of the association and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the secretary of the association. Any coupon may bear the facsimile signature of such persons, and any bond may be signed, sealed, and attested on behalf of the association by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

(Ga. L. 1958, p. 61, § 13.)

12-3-204. Revenue bonds - Status as negotiable instruments; tax exemption for bonds and income therefrom.

All bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state.

(Ga. L. 1958, p. 61, § 14.)

12-3-205. Revenue bonds - Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.

The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman of the association or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project, then unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit. These additional bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided in Code Section 12-3-212 for the payment of principal and interest of such bonds.

(Ga. L. 1958, p. 61, § 15.)

12-3-206. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.

Prior to the preparation of definitive bonds, the association may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

(Ga. L. 1958, p. 61, § 16.)

12-3-207. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.

The association may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.

(Ga. L. 1958, p. 61, § 17.)

12-3-208. Revenue bonds - Immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.

Resolutions for the issuance of bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. Any resolution providing for the issuance of bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the association by a majority of its members.

(Ga. L. 1958, p. 61, § 18.)

12-3-209. Revenue bonds - Status as constituting debt or pledge of credit of state; effect of issuance of bonds on obligation of state to tax or make appropriations; recitals on face of bonds.

Bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the state. Such bonds shall be payable solely from the fund provided for in Code Section 12-3-212; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.

(Ga. L. 1958, p. 61, § 19.)

12-3-210. Revenue bonds - Securing bonds by trust indenture.

  1. In the discretion of the association, any issue of bonds may be secured by a trust indenture by and between the association and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state.
  2. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for the project upon the default of any principal or interest payment upon the bonds thereof, and including the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project necessary to pay all costs of operation, the principal and interest on the issue, the cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the association.
  3. Such resolutions or trust indentures may include covenants setting forth the duties of the association in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also contain provisions concerning the conditions, if any, upon which additional bonds may be issued. An indenture may also set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition, an indenture may contain such other provisions as the association may deem advisable, reasonable, and proper for the security of the bondholders.
  4. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the association.
  5. All expenses incurred in carrying out such trust indenture may be treated either as a part of the cost of maintenance, operation, and repair of the project affected by such indenture or as an administrative expense of the association.

(Ga. L. 1958, p. 61, § 20.)

12-3-211. Revenue bonds - Designation of recipient of bond proceeds.

The association shall, in the resolution providing for issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.

(Ga. L. 1958, p. 61, § 21.)

12-3-212. Revenue bonds - Establishment of sinking funds for payment of principal, interest, and other costs.

  1. The revenues, rents, and earnings derived from the project may be pledged by the association to the payment of principal and interest on bonds of the association as any resolution authorizing the issuance of the bonds or any trust instrument may provide. Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture.
  2. All such sinking funds shall be pledged to and charged with the payment of:
    1. The interest upon such bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase as provided in Code Section 12-3-199.
  3. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture; but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another.
  4. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any moneys in all sinking funds, after all bonds and interest thereon for which such sinking funds were pledged have been paid, may be paid into the association fund provided for in Code Section 12-3-199.

(Ga. L. 1958, p. 61, § 22.)

12-3-213. Revenue bonds - Revenue refunding bonds.

The association is authorized, subject to the provisions of any prior resolution or trust indenture, to provide by resolution for the issuance of refunding bonds of the association for the purpose of refunding any bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the association in respect to the same shall be governed by this part insofar as the same may be applicable.

(Ga. L. 1958, p. 61, § 23.)

12-3-214. Revenue bonds - Remedies of bondholders, coupon holders, and trustee.

Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if there are any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the association or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the association upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the association may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the association and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or the right to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state, provided that any provision of this part or any other law to the contrary notwithstanding, any such holder, receiver, or trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials with the provisions of Article VII, Section IV of the Constitution of Georgia, and permission is given for the institution of any such proceedings to compel the payment of lease obligations.

(Ga. L. 1958, p. 61, § 24; Ga. L. 1964, p. 357, § 4; Ga. L. 1982, p. 3, § 12; Ga. L. 1983, p. 3, § 49.)

12-3-215. Revenue bonds - Status as legal investment and as securities for deposits.

The bonds authorized by this part shall be securities in which all public officers and bodies of the state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, saving banks, and saving associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

(Ga. L. 1958, p. 61, § 25.)

12-3-216. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.

While any of the bonds issued by the association remain outstanding, the powers, duties, or existence of the association or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; nor will the state itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of all project rental or lease contracts and all the covenants thereof entered into under this part. This part shall be for the benefit of the state, the association, and each and every holder of the association's bonds and, upon and after the issuance of bonds under this part, shall constitute an irrevocable contract with the holders of such bonds.

(Ga. L. 1958, p. 61, § 29.)

12-3-217. Revenue bonds - Validation.

Bonds of the association shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36.

(Ga. L. 1958, p. 61, § 28.)

12-3-218. Moneys received by association as constituting trust funds; bondholders' lien on funds.

All moneys received pursuant to the authority of this part, whether as proceeds from the sale of bonds or as revenues, tolls, and earnings, shall be deemed trust funds to be held and applied solely as provided in this part. The bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the association.

(Ga. L. 1958, p. 61, § 30.)

12-3-219. Association property, activities, income, and bonds exempt from taxation and assessment; facilities, services, and charges subject to certain taxes.

  1. It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.
    1. Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48, notwithstanding any provision to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3, the "Georgia Alcoholic Beverage Code," to the extent that either or both such taxes are levied.
    2. Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 48-13-51 to the contrary:
      1. The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which the total taxes collected under Code Section 48-13-51 exceed the taxes which would be collected at the rate of 3 percent;
      2. The association shall expend the funds retained for the purposes of promotion and advertising of the project operated under the jurisdiction of the association from which the money was collected or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the project is operated as long as said promotion or advertising prominently features the project operated under the jurisdiction of the association; and
      3. The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended.

(Ga. L. 1958, p. 61, § 26; Ga. L. 1995, p. 935, § 1.)

12-3-220. Venue and jurisdiction for actions under part.

Any action to declare, protect, or enforce any rights or duties under this part, brought in the courts of the state, shall be brought in the Superior Court of DeKalb County, Georgia; and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive original jurisdiction of such actions.

(Ga. L. 1958, p. 61, § 27; Ga. L. 1959, p. 333, § 3.)

ARTICLE 7 PUBLIC AUTHORITIES

PART 1 J EKYLL ISLAND-STATE PARK AUTHORITY

Cross references.

- Prohibition against selling real property, § 50-16-3.1.

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

OPINIONS OF THE ATTORNEY GENERAL

Dairy processing plant license not required to operate ice cream parlor.

- Authority, created as a body corporate and politic and deemed to be an instrumentality of the state and a public corporation, is not required to obtain a dairy processing plant license to operate an ice cream parlor. 1958-59 Op. Att'y Gen. p. 5.

12-3-230. Short title.

This part may be cited as the "Jekyll Island - State Park Authority Act."

(Ga. L. 1950, p. 152, § 1; Ga. L. 1963, p. 391, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Mean high tide controls.

- Jekyll Island State Park Authority does not have discretion to adopt the "65/35 Task Force" Recommendation to the extent that it uses a measurement reference point other than Mean High Tide. Any proposal to modify the 1996 Master Plan so as to increase substantially the measured land area of the island be thoroughly evaluated in a public process and finally adopted only after the General Assembly has been given the opportunity to weigh in on the proposal. 2013 Op. Att'y Gen. No. 13-2.

12-3-231. Definitions.

As used in this part, the term:

  1. "Authority" means the Jekyll Island - State Park Authority created by this part.
  2. "Bonds" or "revenue bonds" means any bonds issued by the authority under this part, including refunding bonds.
  3. "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project.
  4. "Developed land" means land that is built upon or paved or land that has been disturbed and no longer retains original, natural functions. Specific examples include, but are not limited to:
    1. Roads and bike paths in active use, whether by the authority or the general public;
    2. Multiuse trails and pathways, whether paved or of pervious surface material;
    3. Utility easements;
    4. Firebreaks intended to protect residential areas;
    5. Man-made ponds and borrow pits; and
    6. Golf courses.
  5. "Master plan" means that document created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1.
  6. "Park" means present and future parks, parkways, park and recreational resources and facilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall specifically include Jekyll Island State Park.
  7. "Project" means any subdivision, hotel, cottage, apartment house, public building, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or more of the following: buildings and facilities, and all other structures, electric, gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia.
  8. "Undeveloped area" means any area that remains free from the built environment. The term shall include, but not be limited to:
    1. Marsh and forest where the canopy and understory remain intact;
    2. Wooded areas that are altered only by installation of firebreaks;
    3. Dirt roads no longer in use and serving no practical function;
    4. Dirt footpaths fewer than six feet in width;
    5. Sand dunes and beach, including associated crossovers; and
    6. Fresh water wetlands.

(Ga. L. 1950, p. 152, § 5; Ga. L. 1960, p. 89, § 3; Ga. L. 1963, p. 391, §§ 3, 4; Ga. L. 1964, p. 100, § 1; Ga. L. 1995, p. 105, § 7; Ga. L. 2014, p. 64, § 1/HB 715; Ga. L. 2014, p. 69, § 1/SB 296.)

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, added paragraph (4); redesignated former paragraphs (4) through (6) as present paragraphs (5) through (7), respectively; deleted "to be" following "document" in paragraph (5); and added paragraph (8). The second 2014 amendment, effective July 1, 2014, made identical changes.

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 1 (2014).

12-3-232. Creation of authority as instrumentality of state and public corporation; delegation of powers and duties; duration of existence.

  1. There is created a body corporate and politic to be known as the Jekyll Island - State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper. The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years.
  2. The authority is assigned to the Department of Natural Resources for administrative purposes only.

(Ga. L. 1950, p. 152, § 2; Ga. L. 1951, p. 782, § 1; Ga. L. 1963, p. 391, § 2; Ga. L. 1972, p. 1015, § 1519; Ga. L. 2007, p. 711, § 3/HB 214.)

Cross references.

- Effect of assignment for administrative purposes, § 50-4-3.

JUDICIAL DECISIONS

Waiver of immunity to state court actions.

- O.C.G.A. §§ 12-3-232 and12-3-275 waived a state park authority's immunity to suits in state court but not in federal court. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Eleventh Amendment immunity.

- Consent to suit in state court does not necessarily waive Eleventh Amendment immunity. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Eleventh Amendment bars a 42 U.S.C. § 1983 federal civil rights claim against a state park authority, which, although a public corporation, is closely controlled by the state; a suit against the authority is effectively a suit against the state. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Glynn County has no authority to require county license for sale of alcoholic beverages on Jekyll Island since the island is owned by the state and is governed by the Jekyll Island - State Park Authority. Glynn County v. Davis, 228 Ga. 588, 186 S.E.2d 872 (1972).

Cited in Aaron v. Jekyll Island-State Park Authority, 348 Ga. App. 332, 822 S.E.2d 829 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Authority is not required to obtain dairy processing plant license to operate an ice cream parlor. 1958-59 Op. Att'y Gen. p. 5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 42, 43.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23.

12-3-233. Appointment of members; terms; vacancies; officers; quorum; reimbursement for expenses; members as constituting policy-making body of authority; executive director.

  1. The authority shall be composed of the commissioner of natural resources or his or her designee and eight residents of this state, two of whom shall be from Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden counties, to be appointed by the Governor. The eight members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. Except as provided in this Code section, the members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors. The first four appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. The sixth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1997. The seventh member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1998. The eighth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1999. Subsequent terms for those members appointed as the sixth, seventh, and eighth members, or their successors, shall be for four years. An appointment by the Governor to fill a vacancy shall be made for the unexpired term.
  2. The Governor shall appoint the chairperson of the authority for a term of one year. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four-year term as a member of the authority. The authority shall elect one of its members as vice chairperson and shall elect a secretary and treasurer who may not necessarily be a member of the authority. The chairperson shall be selected from among the members appointed by the Governor.
  3. Five members of the authority shall constitute a quorum. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
  4. Reserved.
  5. Membership on the authority does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership.
  6. The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
  7. The members of the authority shall constitute the policy-making body of the authority. The authority shall employ a full-time executive director to execute the policy decisions of the authority and to provide continuing professional management of the day-to-day activities of the authority.

(Ga. L. 1950, p. 152, § 3; Ga. L. 1957, p. 608, § 1; Ga. L. 1978, p. 2043, § 1; Ga. L. 1984, p. 430, § 1; Ga. L. 1990, p. 872, § 3; Ga. L. 1995, p. 105, § 8; Ga. L. 2007, p. 711, § 4/HB 214.)

Cross references.

- Legal mileage allowance, § 50-19-7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, in subsection (b), "four-year" was hyphenated in the second sentence and a hyphen was taken out of "vice chairperson" in the third sentence.

Editor's notes.

- Former subsection (d) was repealed and reserved by its own terms effective December 31, 2009.

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 8.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 15 et seq., 21, 22, 24, 25.

12-3-233.1. Jekyll Island Citizens Resource Council; purpose; members; meetings; reimbursement for expenses.

  1. The Governor shall appoint a body to be known as the Jekyll Island Citizens Resource Council. The purpose of the Citizens Resource Council shall be to improve, foster, and encourage communication and the exchange of thoughts and ideas between the authority and the community of persons interested in Jekyll Island including, but not limited to, residents of Jekyll Island; owners, operators, and employees of businesses located on or providing services to Jekyll Island; and environmental organizations.
  2. The Citizens Resource Council shall consist of seven members. Three members shall be representative of the Jekyll Island residential and business community with two of these members being residents of Jekyll Island and one being an owner, manager, or employee of a business or commercial facility located on Jekyll Island. Four members shall be appointed at large. The term of each member shall be for two years, provided that of the members first appointed, three shall be appointed for terms of one year, and four for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms.
  3. The Citizens Resource Council shall meet once a month. The meetings shall be attended by the authority's executive director and at least one member of the authority. Once in every calendar quarter, the meeting of the Citizens Resource Council shall be held as a town meeting at which comments and sentiments from the Jekyll Island community at large may be received.
  4. The Citizens Resource Council shall be available to consult with the authority, if requested by the authority to do so, as to the authority's programs, projects, and actions concerning Jekyll Island. The Citizens Resource Council may also, upon request of the authority, review and prepare written comments on proposed authority plans and projects. Such written comments may be submitted to the authority's executive director, the authority, and the Governor.
  5. Members of the Citizens Resource Council shall serve without compensation, but its members who are not employees or officials of state or local governmental entities shall receive reimbursement from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties.

(Code 1981, §12-3-233.1, enacted by Ga. L. 1995, p. 105, § 10.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, a comma was inserted after "projects" in the first sentence of subsection (d).

12-3-234. Accountability of authority members as trustees; maintenance of financial records and books; creation of Jekyll Island-State Park Authority Oversight Committee.

  1. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor and to the Jekyll Island - State Park Authority Oversight Committee. The books and records shall be inspected and audited by the state auditor at least once in each year. The authority shall also submit a quarterly summary of each lease and contract agreement involving an amount in excess of $50,000.00 to the legislative oversight committee. Upon request, a copy of the lease or contract agreement or other documents so requested shall be provided to the members of the oversight committee.
  2. There is created as a joint committee of the General Assembly the Jekyll Island - State Park Authority Oversight Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be from the House Committee on State Properties, and three members of the Senate appointed by the President of the Senate, one of whom shall be from the Senate Committee on State Institutions and Property. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee during odd-numbered years. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee during even-numbered years. The chairperson and vice chairperson shall serve terms of one year beginning January 1, 2007. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the authority's compliance with the provisions required by this part. The committee shall meet upon the call of the chairperson.

(Ga. L. 1950, p. 152, § 4; Ga. L. 1995, p. 105, § 9; Ga. L. 2007, p. 711, § 5/HB 214; Ga. L. 2013, p. 141, § 12/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "House Committee on State Properties" for "House Committee on State Institutions and Property" in the first sentence of subsection (b).

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 247 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25.

12-3-235. Powers of authority generally.

The authority shall have power:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of personal property for its corporate purposes;
  3. To sell, by competitive bids, and dispose of all junk, salvage, and surplus materials, together with all obsolete, unused, or surplus machinery or equipment now or in the future upon or affixed to its leasehold property; and to apply the proceeds therefrom to permanent improvements on the island;
  4. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation;
  5. To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired;
  6. To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee;
  7. To accept loans and grants, either or both, of money or materials or property of any kind from the United States or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States or such agency or instrumentality, including the Department of Housing and Urban Development, may impose;
  8. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, 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 power is not in conflict with the Constitution and laws of this state;
  10. To act as agent for the United States or any agency, department, corporation, or instrumentality thereof, in any manner coming within the purposes or powers of the authority;
  11. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
  12. To receive gifts, donations, or contributions from any person, firm, or corporation;
  13. To hold, use, administer, and expend, for any of the purposes of the authority, such sum or sums as may hereafter be received as income or as gifts or as may be appropriated by authority of the General Assembly;
  14. To do any other things necessary or proper to beautify, improve, and render self-supporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
  15. 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 existing laws applicable to the condemnation of property for public use, real property or rights of easement 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 dispose of the same in any manner it deems to be the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part except from the funds provided under the authority of this part; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part 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 such 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 of Georgia, the Governor is authorized to execute, for and on behalf of the state, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and 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 of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority;
  16. 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;
  17. 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; and without limiting the generality of the above, authority is specifically granted to any department, board, commission, or agency of the State of Georgia to enter into contracts and lease agreements for the use of any structure, building, or facility, 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 of Georgia may obligate itself to pay an agreed sum for the use of such 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 so leased from the authority;
  18. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, 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, the State of Georgia, or any agency or instrumentality thereof;
  19. To borrow money for any of its corporate purposes, 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;
  20. To grant franchises to and make contracts with utility companies, both public and private, providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water, or sewerage services, for the use and occupancy of Jekyll Island or any part thereof, on an exclusive or nonexclusive basis; to permit the rendering of such utility services upon such conditions and for such time as the authority may deem appropriate or convenient;
  21. To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;
  22. To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided;

    (22.1) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority and located within the territorial limits of Jekyll Island, Georgia; and

  23. To charge fees to all persons, natural and artificial, using or relying upon fire protection and suppression services or public safety services provided by the authority or the Uniform Division of the Department of Public Safety, which fees and each installment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the authority in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn.

(Ga. L. 1950, p. 152, § 6; Ga. L. 1951, p. 782, § 2; Ga. L. 1960, p. 89, § 2; Ga. L. 1976, p. 1560, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1983, p. 643, § 1; Ga. L. 1983, p. 1213, § 1; Ga. L. 1984, p. 22, § 12; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 1781, § 2; Ga. L. 1995, p. 105, § 11.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "$1 million" was substituted for "$1,000,000.00" in paragraph (6).

JUDICIAL DECISIONS

Constitutionality.

- The last sentence of paragraph (23) of O.C.G.A. § 12-3-235, pertaining to the computation of the maximum annual fee, was unconstitutionally vague and indefinite; however, such finding did not render the balance of the paragraph unconstitutional. Jekyll Island-State Park Auth. v. Jekyll Island Citizens Ass'n, 266 Ga. 152, 464 S.E.2d 808 (1996).

Glynn County has no authority to require county license for sale of alcoholic beverages on Jekyll Island since the island is owned by the state and is governed by the Jekyll Island - State Park Authority. Glynn County v. Davis, 228 Ga. 588, 186 S.E.2d 872 (1972).

Cited in Crews v. Undercofler, 249 F. Supp. 13 (N.D. Ga. 1966).

OPINIONS OF THE ATTORNEY GENERAL

Authority empowered to own, operate, and expend funds for airport purposes.

- Authority has the legal authority to plan, survey, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, equip, operate, and manage an airport, and to receive and expend state and federal funds for airport purposes. 1963-65 Op. Att'y Gen. p. 671.

Department of Transportation may legally enter into airport contract with authority covering improvements to the Jekyll Island Airport. 1971 Op. Att'y Gen. No. 71-195.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 14, 59. 63C Am. Jur. 2d, Public Officers and Employees, § 230 et seq. 64 Am. Jur. 2d, Public Securities and Obligations, § 39.

C.J.S.

- 29A C.J.S., Eminent Domain, § 24 et seq., 52. 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 42, 106, 161, 166 et seq. 81A C.J.S., States, §§ 437, 443 et seq.

ALR.

- Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.

Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.

12-3-236. Exercise of police power of authority; delegation of power to state or county.

The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, user, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state. The authority may delegate all or any part of performance of this function temporarily or permanently to the state or the county in which the park is located, or both.

(Ga. L. 1950, p. 152, § 14.)

JUDICIAL DECISIONS

Ga. L. 1950, p. 152, § 14 (see O.C.G.A. § 12-3-236) did not give authority exclusive police power, including law enforcement on Jekyll Island, nor did it prohibit Glynn County police from exercising the powers granted them by former Code 1933, § 23-1403 (see O.C.G.A. § 36-8-5). Ferguson v. Leggett, 226 Ga. 333, 174 S.E.2d 913 (1970).

Cited in Crews v. Undercofler, 249 F. Supp. 13 (N.D. Ga. 1966).

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 57, 59 et seq.

12-3-236.1. Adoption and enforcement of ordinances and resolutions.

  1. The authority shall have legislative power to adopt reasonable ordinances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Members of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordinances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sheriffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
  2. For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided.

(Ga. L. 1981, p. 1436, § 1; Ga. L. 1987, p. 1117, § 1.)

12-3-236.2. Continuation of ordinances and resolutions of authority in force as of April 13, 1981.

All of the provisions of any ordinances and resolutions adopted by the authority and which, as of April 13, 1981, are in force and effect and which are not inconsistent with nor repugnant to Code Section 12-3-236.1 and not in conflict with the Constitution or the general laws of Georgia or the Constitution of the United States shall remain in full force and effect, provided that the authority may at any time repeal, alter, or amend any of such ordinances and resolutions.

(Ga. L. 1981, p. 1436, § 3.)

12-3-237. Rules and regulations for operation of projects authorized.

It shall be the duty of the authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under this part, including rules and regulations to ensure maximum use or occupancy of each such project.

(Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 161, 166 et seq.

12-3-238. Easements and rights of way for intracoastal waterway.

The authority shall be authorized to execute to the United States of America such spoilage easements and rights of way in the property leased to the authority by this part as shall be necessary in the construction and maintenance of the intracoastal waterway. Such easements and rights of way shall not exceed in length such period of time as the authority is to exist under this part.

(Ga. L. 1950, p. 152, § 23A; Ga. L. 1951, p. 782, § 5; Ga. L. 1952, p. 276, § 5; Ga. L. 1960, p. 89, § 4.)

12-3-239. Establishment of museum.

The authority shall retain all books, china, furnishings, materials, and other personal property which are intrinsically associated with the history of Jekyll Island and its previous owners, so that an appropriate museum thereof may be later established.

(Ga. L. 1951, p. 782, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 24.

C.J.S.

- 81A C.J.S., States, § 260.

12-3-240. Transfer of funds to authority; cooperation between authority and department.

The Office of Planning and Budget is authorized to transfer sufficient funds in the manner provided in Code Section 45-12-72 to provide for the development and operation of the facilities on Jekyll Island, which development and operation shall be carried on by the authority under agreement with the department.

(Ga. L. 1957, p. 608, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Funds, § 4.

C.J.S.

- 81A C.J.S., States, § 383 et seq.

12-3-241. Lease to authority of Jekyll Island, adjacent marshes and marsh islands, rights of way, and rights and privileges of every kind.

  1. To the authority is granted, for and on the part of the State of Georgia, a lease for a term of 99 years, beginning on February 13, 1950, which term shall be automatically extended an additional 40 years upon the ending of the initial term. The lease shall be for all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of 11,000 acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River, bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding, State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of February 13, 1950, all and each one of said conveyances being, by reference, expressly incorporated into this Code section and made in their entireties a part hereof.
  2. Also included in the lease granted by this Code section are all rights, rights of ways, water rights, immunities, easements, profits, appurtenances, and privileges thereof or relating thereto of every kind; all improvements, permanent or temporary, located thereon or dedicated to the use or service thereof; and in addition all personal property or property of any kind of the State of Georgia located thereon or dedicated to the use or service thereof.
  3. This lease shall be for and in consideration of $1.00 annually for each calendar year or fraction thereof paid in hand to and receipted for by the Office of the State Treasurer, and in consideration of the reasonable compliance of the authority with this part; provided, that the grant and conveyance made by this Code section shall include the right of the authority to dispose of that portion of the personal property conveyed by this Code section as is defined in paragraphs (2) and (3) of Code Section 12-3-235.

(Ga. L. 1950, p. 152, § 8; Ga. L. 1951, p. 782, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 1996, p. 6, § 12; Ga. L. 2007, p. 711, § 6/HB 214; Ga. L. 2010, p. 863, § 2/SB 296.)

The 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" near the beginning of subsection (c).

JUDICIAL DECISIONS

Cited in Crews v. Undercofler, 371 F.2d 534 (5th Cir. 1967).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-242. Lease payments by authority as constituting good, valuable, and sufficient consideration.

It is found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the authority for its leasehold and privileges thereunder is good and valuable and sufficient consideration therefor and that this action on the part of the authority and the state is in the interest of the public welfare of the State of Georgia and its citizens.

(Ga. L. 1950, p. 152, § 9.)

12-3-243. Subdivision, improvement, lease, or sale of island by authority - Limitations on developed area; beaches to remain free and open; protected areas; disposition of proceeds of sale; creation of reserve fund; signing conveyances.

      1. The authority is empowered to convert no more than 1,675 acres of the total land area of Jekyll Island into developed land. All residual acreage shall forever be retained as undeveloped area. For purposes of this subparagraph, the 1,597 acres of Jekyll Island that, as of January 1, 2014, have been subdivided, leased, or improved according to the 2013 master plan shall be deemed as already converted to developed land.
      2. After July 1, 2014, undeveloped area shall be converted to developed land only as follows:
        1. Twelve acres to be used solely for the expansion of the existing campground;
        2. Forty-six acres to be used solely for public health, public safety, or public recreation. As used in this division, the term "public recreation" specifically excludes residential and commercial development; and
        3. Twenty acres to be available for unrestricted uses.
      3. After July 1, 2014, the proposed conversion of any undeveloped area to developed land shall be subject to the amendment procedure outlined in subsection (c) of Code Section 12-3-243.1.
      1. The authority may survey, subdivide, and lease any acreage which may be converted to developed land in accordance with paragraph (1) of this subsection, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island shall never be leased but shall be kept free and open for the use of the people of this state.
      2. That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be retained as undeveloped area, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007.
  1. The authority shall deduct and retain as income from the amounts received for any sales of lots the value of its leasehold estate in such property, which shall be determined by agreement between the authority and the Governor. The remainder of such amounts shall be paid into the state treasury to the credit of the general fund. Ninety percent of the income received by the authority from the sale of lots shall be paid into a reserve fund to be set up by the authority to be used for general improvements or capital improvements, or both, on Jekyll Island.
  2. All conveyances for the sale of lots shall be signed by the authority on its own behalf and by the Governor on behalf of the state.

(Ga. L. 1950, p. 152, § 10; Ga. L. 1952, p. 276, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 2; Ga. L. 1957, p. 608, § 2; Ga. L. 1971, p. 452, § 1; Ga. L. 1995, p. 105, § 12; Ga. L. 2007, p. 711, § 7/HB 214; Ga. L. 2014, p. 64, § 2/HB 715; Ga. L. 2014, p. 69, § 2/SB 296.)

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, rewrote subsection (a), which read: "(a)(1) The authority is empowered to survey, subdivide, improve, and lease or sell to the extent and in the manner provided in this part, as subdivided and improved, not more than 35 percent of the land area of Jekyll Island which lies above water at mean high tide, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island will never be sold but will be kept free and open for the use of the people of the state.

"(2)(A) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on March 14, 1995.

"(B) That portion of Jekyll Island lying south of 31 degrees, 1 minute, 34 seconds north latitude as such latitude is depicted on the 1993 USGS topographic survey 7.5 minute series quadrangle map shall always be included within the area of Jekyll Island protected by this paragraph, and the authority shall not enter into, renew, or extend any agreement or otherwise take any action regarding such southern portion of the island in violation of this paragraph on or after May 30, 2007, except as otherwise provided in this subparagraph. The removal of any improvement on such southern portion of the island which was completed prior to May 30, 2007, shall not be required. Upon the expiration or termination of any lease of a lot for a single-family residence on such southern portion of the island, the authority may again lease such lot to the same or another lessee for a single-family residence or noncommercial purpose or the authority may set aside the lot for public use; but the lot shall not be further subdivided, and the authority shall not lease such lot for any multifamily residence or commercial purpose. Those properties used for the Jekyll Island 4-H center and soccer complex may continue to be used and improved for the same or similar purposes under an extension or renewal of an existing lease or under a new lease. This subparagraph shall not prohibit the construction and use of any public bicycle trails, public nature trails, or public picnic areas on such southern portion of the island by the authority. This subparagraph shall not be applied to impair the obligation of any valid contract entered into prior to May 30, 2007." The second 2014 amendment, effective July 1, 2014, made identical changes.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "March 14, 1995" was substituted for "the effective date of this paragraph" at the end of paragraph (a)(5) (now subparagraph (a)(2)(A)).

Pursuant to Code Section 28-9-5, in 2007, "May 30, 2007" was substituted for "the effective date of this subparagraph" in subparagraph (a)(2)(B) three times.

Editor's notes.

- Ga. L. 2007, p. 711, § 1/HB 214, not codified by the General Assembly, provides: "The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as 'Georgia's Jewel,' and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia."

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 1 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Mean high tide controls.

- Jekyll Island State Park Authority does not have discretion to adopt the "65/35 Task Force" Recommendation to the extent that it uses a measurement reference point other than Mean High Tide. Any proposal to modify the 1996 Master Plan so as to increase substantially the measured land area of the island be thoroughly evaluated in a public process and finally adopted only after the General Assembly has been given the opportunity to weigh in on the proposal. 2013 Op. Att'y Gen. No. 13-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64.

C.J.S.

- 73B C.J.S., Public Lands, §§ 249, 250.

12-3-243.1. Master plan as to Jekyll Island; maintenance; contents; adherence to plan; amendments.

  1. The authority shall maintain a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas.
  2. The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (c) of this Code section.
  3. The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
    1. Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority;
    2. After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
      1. The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph;
      2. Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
      3. The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection;
    3. The authority shall transmit by certified mail or personal service copies of the information required by paragraph (2) of this subsection and a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island - State Park Authority Oversight Committee, and Office of Legislative Counsel at least 60 days prior to the date of the meeting at which the proposed amendment will be considered. The presiding officers of each house, or the Office of Legislative Counsel if a presiding officer is unavailable, shall then provide copies to any member of the General Assembly who makes, or has made, a standing written request;
    4. In the event the Jekyll Island - State Park Authority Oversight Committee files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment, then the same shall be stayed. Thereafter, by introduction of a resolution to consider the committee's objection within the first 30 days of the next regular session of the General Assembly, the objection may be considered for ratification by the General Assembly. In the event the resolution is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall not be adopted by the authority. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan may be adopted by the authority and the stay of the committee shall be lifted. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be prohibited;
    5. Any proposed development of the 78 acres available for development under subparagraph (a)(1)(B) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and
    6. At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection.

(Code 1981, §12-3-243.1, enacted by Ga. L. 1995, p. 105, § 13; Ga. L. 1996, p. 6, § 12; Ga. L. 2001, p. 4, § 12; Ga. L. 2007, p. 711, § 8/HB 214; Ga. L. 2014, p. 64, § 3/HB 715; Ga. L. 2014, p. 69, § 3/SB 296.)

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, in subsection (a), substituted "shall maintain" for "shall, on or before July 1, 1996, cause to be created" in the first sentence, deleted "which lies above water at mean high tide" following "Jekyll Island" in the second sentence, and deleted the third and fourth sentences, which read: "The master plan shall also delineate the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan."; deleted former subsection (b), which read: "In the creation of the master plan, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; substituted "subsection (c)" for "subsection (d)" in subsection (b); and substituted "development of the 78 acres available for development under subparagraph (a)(1)(B) of Code Section 12-3-243" for "changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243" in paragraph (c)(5). The second 2014 amendment, effective July 1, 2014, made identical changes.

Editor's notes.

- Ga. L. 2007, p. 711, § 1/HB 214, not codified by the General Assembly, provides: "The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as 'Georgia's Jewel,' and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia."

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 1 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Mean high tide controls.

- Jekyll Island State Park Authority does not have discretion to adopt the "65/35 Task Force" Recommendation to the extent that it uses a measurement reference point other than Mean High Tide. Any proposal to modify the 1996 Master Plan so as to increase substantially the measured land area of the island be thoroughly evaluated in a public process and finally adopted only after the General Assembly has been given the opportunity to weigh in on the proposal. 2013 Op. Att'y Gen. No. 13-2.

12-3-244. Subdivision, improvement, lease, or sale of island by authority - Sale and lease restrictions.

The leasing and sale of subdivided lots shall be under restrictive limitations as to the use, style, and character of the structures allowable thereon and such other limitations as the authority may deem wise. Any and all such restrictions may be incorporated in the leases and deeds as covenants and warranties and may, at the discretion of the authority, provide for termination and forfeiture upon breach. In the event of a breach of any such covenants and warranties, the authority is empowered to take such action as shall further and preserve its own best interest and the best interest of the state.

(Ga. L. 1950, p. 152, § 11; Ga. L. 1951, p. 782, § 4; Ga. L. 1952, p. 276, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 3; Ga. L. 1957, p. 608, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64.

C.J.S.

- 73B C.J.S., Public Lands, §§ 249, 250.

12-3-245. Subdivision, improvement, lease, or sale of island by authority - Term of leases; assignment; preservation, continuance, and survival of rights and privileges.

The leasing of the subdivided lots shall be for not more than 99 years. Such leases as the authority shall designate may be made freely assignable, subject to all the liabilities, obligations, and duties imposed upon the lessee by the authority in its original lease. In its leasehold conveyance or rental contracts, the authority may create and provide for the preservation of such rights and privileges in the present or future security grantees, mortgagees, or other lenders upon the security of the lessee's or tenant's rights, as the authority may deem wise. Such rights and privileges, when created, may also provide for their continuance or survival after termination or forfeiture of the original leasehold or rental contract.

(Ga. L. 1950, p. 152, § 11; Ga. L. 1951, p. 782, § 4; Ga. L. 1952, p. 276, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 3; Ga. L. 1957, p. 608, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64 et seq.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-246. Subdivision, improvement, lease, or sale of island by authority - Limitation as to number of lots to be leased or sold to one party.

  1. Subject to the exceptions provided in subsections (b), (c), (d), and (e) of this Code section, no person, partnership, or corporation except the authority may, during the life of the authority, hold under lease or by deed or any combination of leases and deeds a total of more than three lots in the residential subdivisions made on Jekyll Island by the authority.
  2. No violation of the limitation provided in subsection (a) of this Code section by any party shall in any wise affect the good and sufficient title of any bona fide assignee or transferee or any subsequent assignee or transferee thereof.
  3. The limitation provided in subsection (a) of this Code section shall not apply to any bank, insurance company, building and loan association, mortgage loan company, or federal or state lending agency which may be holding lots under lease or by deed or under any combination of leases and deeds by virtue of foreclosure of loans made upon the security or improvements erected or existing on such lots.
  4. The authority may waive the limitation provided in subsection (a) of this Code section as regards groups of not more than 25 lots if the lessee or owner thereof is a person or a corporation or other business enterprise engaged in the construction and sale of houses, and such entity covenants to erect houses upon the lots so leased or owned and to sell and assign all lots so leased or owned as improved within a reasonable period of time as determined by the authority.
  5. The authority may waive the limitation provided in subsection (a) of this Code section as regards groups of not more than 25 lots when the lessee or owner thereof covenants to erect or causes to be erected a shopping center or business block or housing project thereon which, when completed, shall be offered for rental or sale, unit by unit, upon such terms and conditions as may be agreed to by the authority.

(Ga. L. 1950, p. 152, § 11; Ga. L. 1951, p. 782, § 4; Ga. L. 1952, p. 276, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 3; Ga. L. 1957, p. 608, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64 et seq.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-247. Subdivision, improvement, lease, or sale of island by authority - Conditions on sale of residential lots; sale of commercial property; sale price; payment of state's share into state treasury.

  1. The authority shall not sell any residential lot unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, and such a sale shall be made only to the person who shall hold such lease, his or her assignee, or assigns. No conveyance of the fee simple title to any residential lot shall be made until the lessee of such lot has performed all the obligations regarding the improvement and erection of structures on the lot as are imposed by the lease.
  2. The authority shall not sell any commercial property on which improvements were erected prior to March 1, 1957; and the authority shall not sell any other commercial property unless obligated to do so under the terms of a valid lease agreement entered into prior to May 30, 2007, in which event the commercial property may be sold in the same manner as provided by this part for the sale of leased residential lots.
  3. All sales of residential lots and commercial property shall be made at the conversion price set by the authority in accordance with Code Section 12-3-250, provided that any person who purchases any residential lot sold by the authority shall be entitled to credit on the purchase price to the extent of all payments made by him or his assignors or predecessors in interest on such lease, provided that such credit shall not exceed the purchase price of such lot. If such credit shall equal the purchase price for such lot, the lessee shall be entitled to a conveyance of the fee simple title to such lot, and the authority shall thereupon pay into the state treasury an amount equal to the value of the state's interest in such property as determined as provided in Code Section 12-3-249.The authority shall establish proper reserves to ensure that funds will be available for such purpose.
  4. No credit shall be allowed to purchasers of commercial property for any prior rental payments.

(c.1)On and after May 30, 2007, the authority shall not enter into, extend, or renew any agreement providing for the sale of any residential or commercial lot on Jekyll Island, and Code Section 12-3-250 shall not apply to any new, extended, or renewed agreement.

(Ga. L. 1957, p. 608, § 3; Ga. L. 2007, p. 711, § 9/HB 214.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "ensure" was substituted for "insure" in the last sentence of subsection (c).

Pursuant to Code Section 28-9-5, in 2007, "May 30, 2007" was substituted for "the effective date of this Code section" in subsections (a), (b), and (c.1).

Editor's notes.

- Ga. L. 2007, p. 711, § 1/HB 214, not codified by the General Assembly, provides: "The Georgia General Assembly finds that Jekyll Island is home to some of the state's most treasured natural and cultural resources and it is the expressed intent of this body to ensure the preservation of these resources for the enjoyment of all Georgians now and for future generations to come. For this reason, the state shall continue its commitment that not less than 65 percent of the land area of Jekyll Island which lies above water at mean high tide shall remain undeveloped. Jekyll Island proudly displays one of Georgia's largest stretches of barrier island property. It is the expressed intent of this body that the beach areas of Jekyll Island will remain free and open for the use of the people of the state. Commercial improvement is intended to better existing and future development of the remaining 35 percent of Jekyll Island while retaining public access to the beaches for the pleasure of all of Georgia's citizens. The General Assembly further finds that the deteriorating conditions of public and commercial facilities is of great interest to the legislature and to the public and that by significantly extending the existing lease authority for the island's property, the state will thereby help to secure and encourage future investments and provide a basis for long-term revitalization of the island. Jekyll Island is recognized by this body as 'Georgia's Jewel,' and its remarkable beauties are hereby preserved so that they may continue to shine for all citizens of Georgia."

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64 et seq.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-248. Subdivision, improvement, lease, or sale of island by authority - Sales of property for which approval by General Assembly is required.

Notwithstanding any other provision of this part, the authority shall under no circumstances sell any real property on Jekyll Island on which a building or buildings were standing at the time the island was leased to the authority, without the express prior approval of the General Assembly to such sale or sales.

(Ga. L. 1957, p. 608, § 3.)

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-249. Subdivision, improvement, lease, or sale of island by authority - Publication of schedule of lease rentals; applications exceeding available lots; leasing by negotiation; leases as constituting contracts.

  1. The lots in the various subdivisions created on Jekyll Island by the authority may be leased either singly or in groups deemed appropriate by the authority, only after publication of a complete schedule of the lease rentals applicable to the lots in the official organs of Glynn and Fulton counties.
  2. If at any time the number of acceptable applications for lots received by the authority shall exceed the number of lots available in any one of the property subdivisions created by the authority, a drawing shall be held to determine which of the acceptable applications shall be accepted by the authority for leases upon the available lots, and to determine the sequence in which they will be accepted.
  3. The authority may lease by negotiation any number or all of the existing buildings together with appropriate grounds, provided that the authority may lease by negotiation for commercial purposes any one or a number of the lots it shall set aside for commercial purposes; provided, further, that when in the exercise of its discretion the authority shall offer for lease groups of lots as provided for in Code Section 12-3-246, such blocks may be leased by negotiation.
  4. All such leases granted by the authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the authority, and the State of Georgia.

(Ga. L. 1950, p. 152, § 12; Ga. L. 1952, p. 276, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 261, § 4.)

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

OPINIONS OF THE ATTORNEY GENERAL

Leases executed by authority not mere subleases of authority.

- Leases executed by the authority constitute contracts of lease between the individual lessees, the Jekyll Island Authority (now Jekyll Island - State Park Authority), and the state; not mere subleases of the authority. 1952-53 Op. Att'y Gen. p. 145.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64 et seq.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-250. Subdivision, improvement, lease, or sale of island by authority - Conversion prices of lots.

Immediately upon the approval of this part, or as soon thereafter as practicable, the authority shall prepare and publish a conversion price for each residential lot then under lease, stating the price at which the lot may be purchased from the authority. Thereafter the authority shall publish at the same time and in the same manner as schedules of lease rentals are published, as required by Code Section 12-3-249, a conversion price for each residential lot that is available for lease. The conversion price for residential lots shall not be less than the appraised value of such lots, taking into consideration the market value of comparable resort property in Glynn County, as determined by an appraisal or appraisals made or to be made by the Glynn County Real Estate Board. Every lease which the authority may grant for a residential lot shall contain therein the conversion price at which the lot may be purchased.

(Ga. L. 1957, p. 608, § 4.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-251. Subdivision, improvement, lease, or sale of island by authority - Leases to counties for charitable purposes.

  1. The authority is directed, as soon as it deems it feasible to do so, to set aside sufficient land on Jekyll Island to provide a suitable plot for each county in the state for use for charitable purposes.
  2. The authorities having charge of the fiscal affairs of any county desiring to use such plot shall file with the authority a proposal setting forth the use to which such plot is to be placed, the person or persons to have charge and control of the same, and the nature of improvements to be placed thereon. Such proposal shall also disclose how funds are to be secured for the improvement and operation of the facilities.
  3. If the authority deems such proposal to be in the public interest and to the advantage of the state park, it may lease such plot for a period not exceeding 20 years to the fiscal authority of such county or to properly appointed trustees. Such lease shall provide such restrictions, covenants, and conditions as the authority deems proper and shall provide for the termination of the lease upon violation of the provisions of the lease.
  4. Should the authorities having charge of the fiscal affairs of any county fail to claim and present a plan to improve on or before March 1, 1960, the plot of land set aside for such county under this Code section, the authority shall be under no further obligation to furnish any such plot of land on Jekyll Island.

(Ga. L. 1950, p. 152, § 13; Ga. L. 1957, p. 608, § 5.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 64 et seq.

C.J.S.

- 73B C.J.S., Public Lands, § 249.

12-3-252. Revenue bonds - Issuance by authority; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; medium of payment; redemption before maturity.

The authority, or any authority or body which has succeeded or which may succeed to the powers, duties, and liabilities vested in the authority created by this part, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in Code Section 12-3-231, of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-264 for such payment. The bonds of each issue shall be dated; shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.

(Ga. L. 1950, p. 152, § 15; Ga. L. 1960, p. 89, § 1.)

Cross references.

- Revenue bonds generally, § 36-82-60 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 39, 108, 152, 347.

C.J.S.

- 81A C.J.S., States, §§ 437, 438, 443 et seq.

12-3-253. Revenue bonds - Form of bonds; denominations; place of payment of principal and interest; issuance in coupon or registered form; registration of coupon bonds.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

(Ga. L. 1950, p. 152, § 17; Ga. L. 1952, p. 276, § 4; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 149, 157, 161.

C.J.S.

- 81A C.J.S., States, §§ 441, 442, 448.

12-3-254. Revenue bonds - Signatures; seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons, as at the actual time of the execution of such bonds shall be duly authorized to so sign, seal, or attest or shall hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

(Ga. L. 1950, p. 152, § 17; Ga. L. 1952, p. 276, § 4; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 153.

C.J.S.

- 81A C.J.S., States, §§ 441, 442.

12-3-255. Revenue bonds - Status as negotiable instruments.

All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state.

(Ga. L. 1950, p. 152, § 16; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 32.

C.J.S.

- 81A C.J.S., States, §§ 446, 447.

ALR.

- Bond or warrant of governmental subdivision as subject of taxation or exemption, 44 A.L.R. 510.

12-3-256. Revenue bonds - Manner of sale; determination of price.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority.

(Ga. L. 1950, p. 152, § 17; Ga. L. 1952, p. 276, § 14; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 39, 174.

C.J.S.

- 81A C.J.S., States, §§ 437, 443 et seq., 451 et seq.

12-3-257. Revenue bonds - Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.

The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture mentioned in Code Section 12-3-262 may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, then unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such are issued, the surplus shall be paid into the fund provided for in Code Section 12-3-264 for the payment of principal and interest of such bonds.

(Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, §§ 437, 443 et seq.

12-3-258. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.

Prior to the preparation of definitive bonds, the authority may, under the restrictions expressed in Code Section 12-3-257, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, which receipts, certificates, or temporary bonds shall be exchangeable for definitive bonds upon the issuance of the latter.

(Ga. L. 1960, p. 89, § 1.)

12-3-259. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.

The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.

(Ga. L. 1950, p. 152, § 19; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 228.

12-3-260. Revenue bonds - Bonds of a single issue as payment for one or more projects; immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.

Revenue bonds may be issued without the conducting of any proceedings, or the satisfaction of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

(Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 39, 113.

C.J.S.

- 81A C.J.S., States, § 442.

12-3-261. Revenue bonds - Status as constituting debt or pledge of faith and credit of state; effect of issuance on obligation of state to tax or make appropriation; recitals on face of bonds.

Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in Code Section 12-3-264, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. Notwithstanding any other provision of this Code section, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by the department, board, commission, or agency.

(Ga. L. 1950, p. 152, § 16; Ga. L. 1960, p. 89, § 1.)

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, §§ 437, 443 et seq., 449, 450.

12-3-262. Revenue bonds - Securing by trust indenture.

  1. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
  2. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or the trust indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such original purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
  3. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
  4. The trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
  5. In addition to the foregoing, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
  6. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by the indenture.

(Ga. L. 1950, p. 152, §§ 19, 20; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 159.

C.J.S.

- 81A C.J.S., States, § 440.

12-3-263. Revenue bonds - Payment of proceeds to trustee.

The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer, person, agency, bank, or trust company. The recipient so designated by the authority shall act as trustee of such funds and shall hold and apply the same to the purposes enumerated in this part, subject to such regulations as this part and such resolution or trust indenture may provide.

(Ga. L. 1950, p. 152, § 20; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 159.

12-3-264. Revenue bonds - Pledging and allocating funds to payment of bonds; establishment of sinking fund for payment of principal, interest, and other costs.

  1. The revenues, rents, and earnings derived from any particular project or combined projects; any and all funds from any source received by any department, board, commission, or agency of the State of Georgia and pledged and allocated by it to the authority as security for the performance of any lease or leases; or any and all revenues, rents, and earnings received by the authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued, may, unless otherwise pledged and allocated, be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide.
  2. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
    1. The interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  3. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
  4. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

(Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 323, 324.

C.J.S.

- 81A C.J.S., States, § 439.

12-3-265. Revenue bonds - Remedies of bondholders, coupon holders, and trustees.

  1. Any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if there are any, except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Code section or under such resolution or trust indenture and may enforce and compel performance of all duties required by this part or by resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects.
  2. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, any such bondholder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state; and in the pursuit of its remedies as subrogee, any such bondholder, receiver, or trustee may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which the individual, receiver, or trustee is representative.
  3. No bondholder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
  4. Any provision of this part or any other Code section to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings, including, without being limited to, mandamus, to enforce compliance by the appropriate public officials of the provisions of Article VII, Section IV of the Constitution of Georgia, and permission is given for the institution of any such proceedings to compel the payment of lease obligations.

(Ga. L. 1950, p. 152, § 20; Ga. L. 1960, p. 89, § 1; Ga. L. 1964, p. 100, § 2; Ga. L. 1983, p. 3, § 49.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 377 et seq, 393 et seq.

C.J.S.

- 81A C.J.S., States, § 440.

12-3-266. Revenue bonds - Revenue refunding bonds.

The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.

(Ga. L. 1950, p. 152, § 15; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 198 et seq.

C.J.S.

- 81A C.J.S., States, §§ 454, 455.

12-3-267. Revenue bonds - Status as legal investment and as securities for deposits.

The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

(Ga. L. 1960, p. 89, § 1.)

12-3-268. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under the provisions of this part, shall constitute a contract with the holders of such bonds.

(Ga. L. 1950, p. 152, § 22; Ga. L. 1960, p. 89, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 27.

12-3-269. Revenue bonds - Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure provided by Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality, or agency of the State of Georgia which has contracted with the Jekyll Island - State Park Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, subdivision, instrumentality, or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and any authority, subdivision, instrumentality, department, or agency contracting with the authority.

(Ga. L. 1950, p. 152, § 18; Ga. L. 1960, p. 89, § 1.)

12-3-270. Use of rentals and other charges collected from leases and contracts for projects; obligations under lease contracts with authority; failure or refusal of lessee to perform; assignment of rentals due.

  1. The authority is authorized to fix rentals and other charges which any department, board, commission, authority, or agency of the State of Georgia shall pay to the authority for the use of each project, or part thereof, or combination of projects. The authority is also authorized to charge and collect rentals and other charges and to lease and make contracts with any department, board, commission, authority, or agency of the State of Georgia with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued as to provide a fund sufficient with other revenues of such project or projects, if any, to pay:
    1. The cost of maintaining, repairing, and operating the project or projects, including reserves for extraordinary repairs and insurance and other reserves required by the resolution of trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project or projects for water, light, sewerage, and other services furnished by other facilities at such institution; and
    2. The principal of the revenue bonds and the interest thereon as the same shall become due.
  2. The rentals contracted to be paid by the state or any department, agency, or institution of the state to the authority under leases entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution of the state to see to the punctual payment of all such rentals.
  3. In the event of any failure or refusal on the part of the lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this part, the authority may enforce performance by any legal or equitable process against lessees, and consent is given for the institution of any such action.
  4. The authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority.

(Ga. L. 1960, p. 89, § 1; Ga. L. 1964, p. 100, § 3.)

12-3-271. Utilization of income and revenues.

All income and revenues arising out of the operation of Jekyll Island State Park, and all gifts, grants, appropriations, or bond or loan proceeds made specifically for Jekyll Island State Park, shall be used by the authority for the sole purpose of beautifying, improving, developing, enlarging, maintaining, administering, managing, and promoting Jekyll Island State Park at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia.

(Ga. L. 1950, p. 152, § 7; Ga. L. 1963, p. 391, § 5.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 263, 346.

12-3-272. Acceptance by authority of grants and contributions.

The authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under this part, is authorized to accept from any federal agency grants for or in aid of the construction of any project or for the payment of bonds and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made.

(Ga. L. 1950, p. 152, § 15; Ga. L. 1960, p. 89, § 1.)

12-3-273. Moneys received by authority as constituting trust funds.

All moneys received pursuant to the authority of this part, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.

(Ga. L. 1960, p. 89, § 1.)

12-3-274. Authority property, activities, income, and bonds exempt from taxation and assessment.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority and that the authority shall be exempt from all sales and use taxes. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation within the state.

(Ga. L. 1950, p. 152, § 16; Ga. L. 1960, p. 89, § 1; Ga. L. 2007, p. 309, § 14/HB 219; Ga. L. 2007, p. 711, § 10/HB 214.)

Code Commission notes.

- The amendment of this Code section by Ga. L. 2007, p. 309, § 14, irreconcilably conflicted with and was treated as superseded by Ga. L. 2007, p. 711, § 10. See County of Butts v. Strahan, 151 Ga. 417 (1921).

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

OPINIONS OF THE ATTORNEY GENERAL

Sales of tangible personal property subject to limited exemption.

- Since the purchase of tangible personal property is an activity necessary to the operation and maintenance of the authority's buildings, sales of such property to the authority are exempt to the extent that the sales are made for the purposes of carrying on the operation and maintenance of the authority's buildings. 1963-65 Op. Att'y Gen. p. 287.

RESEARCH REFERENCES

Am. Jur. 2d.

- 71 Am. Jur. 2d, State and Local Taxation, §§ 272, 278 et seq.

C.J.S.

- 84 C.J.S., Taxation, §§ 234, 250, 251.

ALR.

- Bond or warrant of governmental subdivision as subject of taxation or exemption, 44 A.L.R. 510.

12-3-275. Venue and jurisdiction for actions under part.

Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.

(Ga. L. 1950, p. 152, § 21; Ga. L. 1960, p. 89, § 1.)

Law reviews.

- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

JUDICIAL DECISIONS

Waiver of immunity to state court actions.

- O.C.G.A. §§ 12-3-275 and12-3-232 waived a state park authority's immunity to suits in state court but not in federal court. Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983).

Cited in M.A.R.T.A. v. McCain, 135 Ga. App. 460, 218 S.E.2d 122 (1975).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 356.

12-3-276. Supplemental nature of part.

This part shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.

(Ga. L. 1960, p. 89, § 1.)

12-3-277. Construction of part.

This part, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

(Ga. L. 1950, p. 152, § 23.)

PART 2 N ORTH GEORGIA MOUNTAINS AUTHORITY

12-3-290. Creation of authority as constituting instrumentality of state and public corporation; delegation of powers and duties; duration of authority's existence.

  1. There is created a body corporate and politic to be known as the North Georgia Mountains Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
  2. The authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper.
  3. The authority shall exist for 99 years.
  4. The authority is assigned to the Department of Natural Resources for administrative purposes only.

(Ga. L. 1968, p. 297, § 1; Ga. L. 1972, p. 1015, § 1522.)

Cross references.

- Effect of assignment for administrative purposes, § 50-4-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 8, 42 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23.

12-3-291. Definitions.

As used in this part, the term:

  1. "Authority" means the North Georgia Mountains Authority created by this part.
  2. "Cost of project" means the cost of acquisition of properties or the use thereof, both real and personal, and the cost of construction, remodeling, erection, establishment, maintenance, repair, and equipping of classrooms, laboratories, housing, accommodations, tourist and recreational facilities, experimental facilities, and other facilities necessary to the operation and maintenance of the Georgia Recreation Experiment Station, and the cost of financing charges, interest incurred on construction and one year after completion of construction, as well as the cost of engineering, architectural, administrative, fiscal, and legal expenses and services as well as the cost of plans and specifications, as well as expenses incurred for feasibility or practicability studies.

    (2.1) "Master plan" means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-294.1.

  3. "Project" means the acquisition, construction, equipping, maintaining, operating, managing, and promotion of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the authority may desire to undertake, including the related buildings and the usual and convenient facilities appertaining to any undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the authority may deem necessary, convenient, or desirable. The term also means the acquisition, construction, equipping, and maintenance of housing accommodations, classrooms, laboratories, experimental facilities, and other facilities to be utilized in the establishment, operation, and maintenance of the Georgia Recreation Experiment Station, which shall be located in White County, Georgia, and which shall have as its principal purposes experimentation and research in the recreational uses and the preservation of the natural resources of the state, and which shall also develop and implement programs of instruction as to such uses and preservation for the public, for persons employed in the management of public parks or recreation areas and for persons employed in or seeking employment in the outdoor recreation-tourist industry.

(Ga. L. 1968, p. 297, § 2; Ga. L. 1969, p. 828, §§ 1, 2; Ga. L. 1995, p. 105, § 14.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "plan" was substituted for "Plan" near the beginning of paragraph (2.1).

12-3-292. Membership of authority; officers; bylaws; quorum; action by majority vote; vacancies; reimbursement for expenses; compensation of employees.

  1. The authority shall consist of nine members who shall serve terms of four years from the date of their appointment and shall be appointed by the Governor from the same persons who comprise the Board of Natural Resources.
  2. The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four-year term as a member of the authority. The authority shall elect one of its members as vice chairperson. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
  3. The authority may make such bylaws for its government as is deemed necessary but is under no duty to do so.
  4. Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
  5. The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority.
  6. The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.

(Ga. L. 1968, p. 297, § 3; Ga. L. 1973, p. 319, § 1; Ga. L. 1993, p. 1683, § 1; Ga. L. 1995, p. 105, § 15.)

Cross references.

- Legal mileage allowance, § 50-19-7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, in subsection (b), "four-year" was hyphenated in the second sentence and a hyphen was removed from "vice chairperson" in the third sentence.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 8.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 20.

12-3-293. Accountability of members as trustees; maintenance of financial records and books; submitting records, books, and statement of financial position to state auditor.

The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books together with the proper statement of the authority's financial position at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year.

(Ga. L. 1968, p. 297, § 4; Ga. L. 1995, p. 105, § 16.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 247 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25.

12-3-294. Powers of authority generally.

The authority shall have power:

  1. To have a seal and alter it at pleasure;
  2. To acquire real and personal property of every kind and character by purchase or otherwise and to hold such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate purposes; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state;
  3. To exercise the power of eminent domain;
  4. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, and to fix their compensation;
  5. To make contracts, and to execute all instruments necessary or convenient, including contracts to borrow money; contracts for mortgages, security deeds, or other security interests; contracts for the construction of projects; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state;
  6. To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the authority or the state. The cost of any such project may be paid in whole or in part from funds of or available to the authority including but not limited to borrowed money, income, the proceeds of revenue bonds of the authority, and any grant from the United States or any agency or instrumentality thereof or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee;
  7. To accept loans and grants, either or both, 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 such agency or instrumentality may impose;
  8. To borrow money for any of its corporate purposes, to issue negotiable revenue bonds from earnings of projects, 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;
  10. To act as agent for the United States, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;
  11. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
  12. To do any and all other acts and things in this part authorized or required to be done, whether or not included in the general powers mentioned in this Code section;
  13. To receive gifts, donations, or contributions from any person, firm, or corporation;
  14. To hold, use, administer, and expend such sum or sums as may hereafter be received from any source, including income or gifts, for any of the purposes of this authority;

    (14.1) To do any other things necessary or proper to foster and promote the involvement of private persons, firms, corporations, and partnerships in the development, construction, operation, and management of the authority's projects or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority;

  15. To do any other things necessary or proper to beautify, improve, and render projects self-supporting, including the establishment and modification of all reasonable fees, rentals, and other charges of whatever kind it deems necessary;
  16. To construct, maintain, and operate a project in White County, Georgia, to be known and designated as the "Georgia Recreation Experiment Station." In connection with such project, the Governor is authorized to execute for and on behalf of the state a lease upon any and all lands owned and held by the state in such county to the authority for a period not to exceed 50 years, such land so leased to be used by the authority only in connection with such project;
  17. To do all things necessary or convenient to carry out the powers expressly given in this part; and
  18. Upon obtaining a license from the Department of Revenue, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; provided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The sales authorized by this paragraph shall be limited to hotels, motels, lodges, and convention halls and those auditoriums, club houses, meeting rooms, and restaurants related thereto. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted. The authority shall give at least 30 days' public notice by publication in the county organ of the county in which the property or facility is located of its intent to adopt such a resolution or to amend a previously adopted resolution. The authority shall hold a public hearing at a convenient time and location in such county at least 15 days prior to adopting such a resolution to hear public comments. Any such resolution or amendment to a previously adopted resolution shall be adopted only at an open and public meeting of the authority after the required public notice has been given and the required public hearing has been held.

(Ga. L. 1964, p. 369, § 1; Ga. L. 1968, p. 297, § 5; Ga. L. 1973, p. 319, § 2; Ga. L. 1993, p. 1683, §§ 2, 3; Ga. L. 1993, p. 1781, § 3; Ga. L. 1995, p. 105, § 17.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, in paragraph (6), "$1 million" was substituted for "$1,000,000.00" and a semicolon was substituted for a period at the end.

OPINIONS OF THE ATTORNEY GENERAL

Restriction from facility for violation of rules authorized.

- Authority can restrict or ban users of the Georgia Recreation Experiment Station from the facility should the users violate reasonable and definite rules and regulations of the authority. 1970 Op. Att'y Gen. No. U70-145.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 241 et seq., 263, 346 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10, 11, 23, 42, 106, 145, 161, 166 et seq.

12-3-294.1. Master plan; creations; contents; notice and hearing on preliminary plan; adherence to plan; amendment.

  1. The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-291. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas.
  2. In the creation of a master plan for a project, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented.
  3. The authority, in the exercise of its authority to develop, manage, preserve, and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d) of this Code section.
  4. The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
    1. Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority;
    2. After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
      1. The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;
      2. Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
      3. The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection;
    3. The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes, or has made, a written request;
    4. In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office ofLegislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution;
    5. Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally or historically sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and
    6. At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection.

(Code 1981, §12-3-294.1, enacted by Ga. L. 1995, p. 105, § 18.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "authority" was substituted for "Authority" twice in the first sentence of subsection (b) and, in subsection (d), near the beginning of paragraph (d)(2) and near the beginning of paragraph (d)(6); in subsection (c), "develop" was substituted for "development" and a comma was added after "preserve"; and, in subsection (d), "the" was deleted preceding "Legislative Counsel" in the last sentence of paragraph (d)(3) and near the end of the first sentence of paragraph (d)(4).

12-3-295. Security officers.

The North Georgia Mountains Authority is authorized to appoint security officers to safeguard the property of the authority and the safety of the general public. The duly appointed security officers of the authority are authorized, while on the premises over which the authority exercises dominion and control, to carry weapons, to make arrests, and to exercise such of the police power of the state as may be necessary to maintain peace and order and to enforce any and all lawful zoning, user, and personal conduct regulations.

(Ga. L. 1971, p. 315, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Security officers not required to become certified as peace officers.

- Security officers of the authority are neither required nor authorized to become certified as peace officers. 1972 Op. Att'y Gen. No. 72-27 (See also 1990 Op. Att'y Gen. 90-11).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 12.

12-3-296. Provision of legal services by Attorney General.

The Attorney General shall provide legal services for the authority, and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

(Ga. L. 1973, p. 319, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, § 6.

12-3-297. Lease of state lands to authority.

The Governor is authorized to execute for and on behalf of the state a lease of lands owned by the state, or any part or parcel thereof, to the authority for a period not to exceed 50 years.

(Ga. L. 1964, p. 369, § 1; Ga. L. 1968, p. 297, § 6; Ga. L. 1993, p. 1683, § 4.)

Cross references.

- Revenue bonds generally, § 36-82-60 et seq.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 161, 166 et seq.

12-3-298. Revenue bonds - Issuance for purpose of paying for cost of projects.

  1. The authority shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in Code Section 12-3-291, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from a special fund provided for in this Code section. The bonds of each issue shall be dated, shall bear interest at the lowest attainable rate, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution in providing for the issuance of the bonds.
  2. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or the denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
  3. All bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be an officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
  4. Such bonds and the income thereof shall be exempt from taxation in the State of Georgia.
  5. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority.
  6. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
  7. Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in this Code section. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this subsection.
  8. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or the trust indenture itself may contain such provisions for perfecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project or projects; and the custody, safeguarding, and application of all moneys and revenues. The resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
  9. All revenues, rents, and earnings derived from any project or projects and all funds from any source whatsoever received by the authority may be pledged and allocated by the authority to the payment of principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
    1. Interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  10. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be affirmed for the benefit of all revenue bonds without distinction or priority of one over the other.
  11. Any holder of revenue bonds issued under this part or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this Code section may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia which are granted by this part or by such resolution or trust indenture and may enforce and compel performance of all duties required by this part or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collection of revenues, rents, and other charges for the use of the project or projects. No holder of such bonds shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against the property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state.
  12. It is found, determined, and declared that the creation of the authority and the carrying out of its purposes as defined in this part are in all respects for the benefit of the people of this state and are public purposes, and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings and facilities erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or any other income received by the authority. Further, the state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. Any exemption from taxation provided by this subsection shall not include exemption from sales and use taxes.
  13. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.
  14. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality, or agency of the State of Georgia which has contracted with the authority for the use of any building or facility for which bonds have been issued and sought to be validated; and such authority, subdivision, instrumentality, or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, subdivision, instrumentality, department, or agency contracting with the authority.
  15. The authority shall prescribe the rules and regulations for the operation of all projects, and it shall be the duty of the authority to fix rentals and other charges for the use of such projects so as to provide a fund sufficient with other revenues, if any, to pay the cost of maintaining, repairing, and operating the projects and to pay the principal of the revenue bonds and the interest thereon as the same shall become due.
  16. The offer, sale, or issuance of bonds, notes, or obligations by the authority shall not be subject to the provisions of Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008."

(Ga. L. 1964, p. 369, § 1; Ga. L. 1968, p. 297, § 6B; Ga. L. 1984, p. 22, § 12; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 1683, § 5; Ga. L. 2008, p. 381, § 10/SB 358.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 39, 108, 149, 152 et seq., 157, 159, 161, 174, 323, 347, 352 et seq., 356, 377 et seq. 71 Am. Jur. 2d, State and Local Taxation, §§ 272, 278 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 161, 166 et seq. 81A C.J.S., States, §§ 437 et seq., 443 et seq., 448 et seq. 84 C.J.S., Taxation, §§ 234, 250, 251.

12-3-299. Jurisdiction of authority.

The North Georgia Mountains Authority shall exercise all of its powers and engage in the business of its projects within the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield counties and such other counties as may from time to time be admitted by resolution of the authority.

(Ga. L. 1968, p. 297, § 7.)

12-3-300. Approval of indebtedness by Georgia State Financing and Investment Commission.

Any other provision of this part to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Investment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitution and Article 2 of Chapter 17 of Title 50, the "Georgia State Financing and Investment Commission Act."

(Code 1981, §12-3-300, enacted by Ga. L. 1993, p. 1683, § 6.)

PART 3 L AKE LANIER ISLANDS DEVELOPMENT AUTHORITY

Cross references.

- Powers of department and Board of Natural Resources as to development of Lake Lanier Islands, § 12-3-4.

12-3-310. Definitions.

As used in this part, the term:

  1. "Authority" means the Lake Lanier Islands Development Authority.
  2. "Cost of project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction, and for one year after completion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part. The term also means the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project.
  3. "Islands" means such islands in Lake Lanier as were held by the state under a license from the U.S. Army Corps of Engineers on March 9, 1962.

    (3.1) "Master plan" means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-314.1.

  4. "Project" means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.

(Ga. L. 1968, p. 1132, § 1; Ga. L. 1969, p. 397, § 1; Ga. L. 1995, p. 105, § 19.)

12-3-311. Creation of authority; delegation of powers and duties; duration of authority's existence.

  1. There is created a body corporate and politic to be known as the Lake Lanier Islands Development Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
  2. The authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper.
  3. The authority shall exist for 99 years.
  4. The authority is assigned to the Department of Natural Resources for administrative purposes only.

(Ga. L. 1962, p. 736, § 1; Ga. L. 1972, p. 1015, § 1523.)

Cross references.

- Effect of assignment for administrative purposes, § 50-4-3.

12-3-312. Membership of authority; election of officers; bylaws; quorum; action by majority vote; voting by proxy; effect of vacancy; reimbursement for expenses; compensation of employees.

  1. The authority shall consist of nine members as follows: the commissioner of natural resources or his or her designee and eight additional members appointed by the Governor as follows:
    1. Five members from the state at large;
    2. One member from Forsyth County;
    3. One member from Hall County; and
    4. One member from Gwinnett County.

      Each member appointed by the Governor under this Code section shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor, and until his or her successor is appointed and has qualified.

  2. The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four-year term as a member of the authority. The members of the authority shall elect one of their members as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
  3. The authority may make such bylaws for its government as is deemed necessary, but it is under no obligation to do so.
  4. Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
  5. The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services.
  6. All members of the authority shall immediately enter upon their duties without further act or formality.

(Ga. L. 1962, p. 736, § 2; Ga. L. 1964, p. 731, § 1; Ga. L. 1980, p. 765, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1990, p. 872, § 4; Ga. L. 1991, p. 1692, § 1; Ga. L. 1995, p. 105, § 20.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, in subsection (b), "four-year" was hyphenated in the second sentence and the hyphen was deleted from "vice chairperson" in the third sentence.

12-3-313. Accountability of members as trustees; maintenance of financial records and books; submitting records, books, and statement of financial position to state auditor.

The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books together with the proper statement of the authority's financial position once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year.

(Ga. L. 1962, p. 736, § 3; Ga. L. 1995, p. 105, § 21.)

12-3-314. Powers of authority generally.

The authority shall have power:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of personal property for its corporate purposes;
  3. To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
  4. To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
  5. To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States or any agency or instrumentality thereof, or the State of Georgia, any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee;
  6. To accept loans or grants, or both, of money, materials, or property of any kind from the United States or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States or such agency or instrumentality, including the Department of Housing and Urban Development, may impose;
  7. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
  8. To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
  9. To act as agent for the United States, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;
  10. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
  11. To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal, or local government or governing body;
  12. To hold, use, administer, and expend such sum or sums as may hereafter be received as income, gifts, or appropriations by authority of the General Assembly for any of the purposes of this authority;
  13. To do any other things necessary or proper to beautify, improve, and render self-supporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
  14. To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
  15. To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to the islands at reasonable rates to be determined exclusively by the authority;
  16. To operate for hire boats, taxicabs, trains, trolleys, and other vehicles, systems, and facilities and other activities designed for the transportation of persons and property on the islands; to provide concessions, off-street parking, and other facilities for the comfort, safety, and convenience of visitors and other persons on the islands;
  17. To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
  18. To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise;
  19. To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section; or
  20. To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only:
    1. Upon property owned or controlled by the authority and located within the territorial limits of property controlled by the authority; and
    2. Upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property.

      The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted.

(Ga. L. 1962, p. 736, § 4; Ga. L. 1968, p. 1132, §§ 2, 3; Ga. L. 1972, p. 3509, § 1; Ga. L. 1987, p. 445, § 2; Ga. L. 1993, p. 1781, § 4; Ga. L. 1995, p. 105, § 22.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following "contracts" in paragraph (4).

Pursuant to Code Section 28-9-5, in 1993, "$1 million" was substituted for "$1,000,000.00" in the second sentence of paragraph (5).

12-3-314.1. Master plan; creation; contents; notice and hearing on preliminary plan; adherence to plan; amendment.

  1. The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-310. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive and active use areas.
  2. In the creation of a master plan for a project, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented.
  3. The authority, in the exercise of its authority to develop, manage, preserve, and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d) of this Code section.
  4. The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
    1. Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority;
    2. After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
      1. The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;
      2. Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
      3. The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection;
    3. The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes or has made a written request;
    4. In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office ofLegislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution;
    5. Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and
    6. At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection.

(Code 1981, §12-3-314.1, enacted by Ga. L. 1995, p. 105, § 23; Ga. L. 1996, p. 6, § 12.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "develop" was substituted for "development" in subsection (c); and, in subsection (d), a comma was added following "news release" in the introductory language in paragraph (d)(2) and "the" was deleted preceding "Legislative Counsel" in the third sentence in paragraph (d)(3) and from near the end of the first sentence in paragraph (d)(4).

12-3-315. Exercise of police powers by authority; delegation of powers.

  1. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state. In addition, and upon the adoption by the authority of a resolution so stating, the authority is empowered to exercise the police powers of the state in areas up to within 300 yards of the shoreline of the islands, as such areas are specified in the resolution. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which the park is located.
  2. The authority shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Lake Lanier Islands for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia. The authority is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in the same manner as a local authority under Code Section 40-6-372. Within the limits of the Lake Lanier Islands, the authority is authorized to appoint security officers who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the authority. Within the limits of Lake Lanier Islands, such security officers shall have the same authority, powers, and privileges regarding enforcement of laws as sheriffs of this state. Prosecutions for violations of the ordinances of the authority shall be in the magistrate court as provided in Article 4 of Chapter 10 of Title 15. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
  3. The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both, except that an ordinance adopting the provisions of Code Section 40-6-391 shall provide the same punishment as provided by Code Section 40-6-391 for violations of that Code section.
  4. All of the provisions of any ordinances and resolutions adopted by the authority which are in force and effect as of April 2, 1987, and which are not inconsistent with nor repugnant to this Code section and not in conflict with the Constitution or the general laws of the State of Georgia or the Constitution of the United States shall remain in full force and effect, provided that the authority may at any time repeal, alter, or amend any of the provisions of said ordinances and resolutions.

(Ga. L. 1962, p. 736, § 10; Ga. L. 1980, p. 765, § 2; Ga. L. 1987, p. 445, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "April 2, 1987," was substituted for "the effective date of this Code section" in subsection (d).

12-3-316. Security force.

The authority shall have the power to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority, and within the territory thereof. The security force shall have the duty to protect persons and property, dispense unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a policeman or law enforcement officer of the county in which he is discharging his duties.

(Ga. L. 1968, p. 1132, § 5.)

12-3-317. Lease payments by authority as constituting good, valuable, and sufficient consideration.

It is found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the authority for its leasehold, and privileges thereunder, is good and valuable and sufficient consideration therefor and that this action on the part of the authority and the state is in the interest of the public welfare of the State of Georgia and its citizens.

(Ga. L. 1962, p. 736, § 6.)

12-3-318. Purposes for which income, gifts, grants, appropriations, bonds, or loans may be used; consultation with others; projects for Lake Lanier Watershed area.

  1. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, and rights and privileges of value of every nature accruing to the authority shall be used:
    1. Primarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting the islands in Lake Lanier; and
    2. Secondarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting any other real property which is:
      1. Under the management and control of the department or the North Georgia Mountains Authority whether held in fee simple or under or through a contract, license, lease, or other similar agreement with an agency of the federal government; and
      2. Adjacent to any lake or reservoir in this state that is under the management and control of the United States Army Corps of Engineers.
  2. The authority shall accomplish the purposes provided in subsection (a) of this Code section at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes.
  3. Prior to authorizing the expenditure of funds for any of the secondary purposes set forth in subsection (a) of this Code section, the authority shall consult with the Senate Economic Development Committee, the House Committee on Game, Fish, and Parks, and the Governor for the purpose of assistance in establishing the priority of needs among the real properties eligible to receive the benefit of such expenditure.
  4. Notwithstanding any provision of law to the contrary, with regard to revenues received by the authority from property management contracts or agreements or leases of real property by the authority, 75 percent of all such revenues shall be retained by the authority for use in projects in the Lake Lanier Watershed area.

(Ga. L. 1962, p. 736, § 5; Ga. L. 1999, p. 835, § 1; Ga. L. 2003, p. 222, § 1; Ga. L. 2009, p. 303, § 5/HB 117.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, subsection (c), as enacted by Ga. L. 2003, p. 222, § 1, was redesignated as subsection (d).

Editor's notes.

- Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."

12-3-319. Location, construction, improvement, and maintenance of highways, streets, roads, and rights of way.

  1. The State Transportation Board, or its successors, and the Department of Transportation are authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the islands, whether within or without the islands, as may be necessary to the location or relocation of any roads, streets, or highways within or without the islands. The board and the department may, at the expense of the department, locate or relocate such roads, streets, and highways so as to conform to the plan of the authority for the development and improvement of the islands.
  2. The authority may grant rights of way and easements for highways and roads within the islands to the Department of Transportation, and the department is authorized and empowered to lay out, construct, improve, and maintain any such roads and rights of way. The cost of any such undertaking shall be deemed to be a proper and legitimate expense of the department.
  3. The State Transportation Board, or its successors, and the Department of Transportation are empowered to acquire, in any manner now permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the islands and are authorized and empowered to expend any funds available to such board or such department for the purpose of such locating and relocating, and for constructing, improving, and maintaining any such highways and roads. The cost of any such undertaking shall be deemed a proper and legitimate expense of such board or such department.

(Ga. L. 1969, p. 397, § 3.)

12-3-320. Power of authority to survey, subdivide, improve, and lease island property.

The authority is empowered to survey, subdivide, improve, and lease as subdivided any of the property of the islands in Lake Lanier.

(Ga. L. 1962, p. 736, § 7.)

12-3-321. Restrictions under lease; restrictions on subleasing.

The leasing of the property shall be for not more than 50 years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the authority may deem wise; and all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sublease by any tenant of the authority shall be legal without the approval of the authority.

(Ga. L. 1962, p. 736, § 8.)

12-3-322. Leasing of property by competitive bidding.

Only after notice is published once a week for four weeks in the official organs of all the counties bordering Lake Lanier and in the official organ of Fulton County, the property described in this part shall be leased as deemed appropriate by the authority at public auction or by sealed competitive bids. The authority shall have the privilege of setting minimum prices below which no bid for lease shall be accepted. When in the opinion of the authority the public welfare demands it, the authority may conclude any authorized lease by private negotiation after first giving notice to the Attorney General of the particulars.

(Ga. L. 1962, p. 736, § 9.)

12-3-323. Revenue bonds - Power of authority to issue bonds; payment of principal and interest; dating of bonds; determination of maturity dates, interest rates, and medium of payments; redemption before maturity.

The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-334 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.

(Ga. L. 1962, p. 736, §§ 11, 13; Ga. L. 1969, p. 397, § 2.)

Cross references.

- Revenue bonds generally, § 36-82-60 et seq.

12-3-324. Revenue bonds - Form of bonds; interest coupons; denominations; place of payment; issuance in coupon or registered form; registration of coupon bonds.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

(Ga. L. 1962, p. 736, § 13; Ga. L. 1969, p. 397, § 2.)

12-3-325. Revenue bonds - Signatures; seal.

In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman or vice-chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairman or vice-chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

(Ga. L. 1962, p. 736, § 13; Ga. L. 1969, p. 397, § 2.)

12-3-326. Revenue bonds - Status as negotiable instruments; tax exemption for bonds and income therefrom.

All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.

(Ga. L. 1962, p. 736, § 12; Ga. L. 1969, p. 397, § 2.)

12-3-327. Revenue bonds - Manner of sale; determination of price; use and manner of disbursement of proceeds.

  1. The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
  2. The proceeds of bonds shall be used solely for the payment of the cost of project and shall be disbursed upon requisition or order of the chairman or vice-chairman of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in Code Section 12-3-332.

(Ga. L. 1969, p. 397, § 2.)

12-3-328. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds.

Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

(Ga. L. 1969, p. 397, § 2.)

12-3-329. Revenue bonds - Replacement of mutilated, destroyed, or lost bonds.

The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.

(Ga. L. 1969, p. 397, § 2.)

12-3-330. Revenue bonds - Bonds; application of bonds of a single issue as payment for one or more projects; immediate effectiveness of resolutions providing for issuance of bonds; time and manner of passage of resolutions.

Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.

(Ga. L. 1969, p. 397, § 2.)

12-3-331. Revenue bonds - Status as constituting debt or pledge of faith or credit of state; effect of issuance on obligation of state to tax or make appropriations; recitals on face of bonds.

Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in Code Section 12-3-334, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency.

(Ga. L. 1962, p. 736, § 12; Ga. L. 1969, p. 397, § 2.)

12-3-332. Revenue bonds - Securing by trust indenture.

  1. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
  2. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
  3. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
  4. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
  5. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of project affected by such indenture.

(Ga. L. 1962, p. 736, §§ 15, 16; Ga. L. 1969, p. 397, § 2.)

12-3-333. Revenue bonds - Designation of recipient of bond proceeds.

The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.

(Ga. L. 1962, p. 736, § 16; Ga. L. 1969, p. 397, § 2.)

12-3-334. Revenue bonds - Establishment of sinking fund for payment of principal, interest, and other costs.

  1. The revenues, rents, and earnings derived from any particular project or combined project; any and all funds from any source received by any department, board, commission, or agency of the State of Georgia, and pledged and allocated by it to the authority as security for the performance of any lease or leases; or, unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
  2. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
    1. The interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  3. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
  4. Subject to the provisions of the resolution authorizing the issuance of the bonds, or subject to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

(Ga. L. 1969, p. 397, § 2.)

12-3-335. Revenue bonds - Remedies of bondholders, coupon holders, and trustees.

Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.

(Ga. L. 1969, p. 397, § 2.)

12-3-336. Revenue bonds - Revenue refunding bonds.

The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.

(Ga. L. 1969, p. 397, § 2.)

12-3-337. Revenue bonds - Protection of bondholders; part as constituting a contract with bondholders.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, division, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.

(Ga. L. 1962, p. 736, § 18; Ga. L. 1969, p. 397, § 2.)

12-3-338. Revenue bonds - Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Lake Lanier Islands Development Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.

(Ga. L. 1962, p. 736, § 14; Ga. L. 1969, p. 397, § 2.)

12-3-339. Authority property, activities, income, and bonds exempt from taxation and assessment.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.

(Ga. L. 1969, p. 397, § 2; Ga. L. 1984, p. 841, § 1.)

12-3-340. Conflicts of interest; applicability of other laws regulating conduct; contracts voidable by authority.

  1. Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
  2. Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21, 16-10-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
  3. Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21, 16-10-22, and Code Sections 16-10-92 and 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.

(Ga. L. 1964, p. 731, § 2; Ga. L. 1968, p. 1132, § 4.)

12-3-341. Venue and jurisdiction of actions under part.

Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Hall County, Georgia, and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive original jurisdiction of such actions.

(Ga. L. 1962, p. 736, §§ 14, 17; Ga. L. 1969, p. 397, § 2; Ga. L. 1986, p. 377, § 1.)

Editor's notes.

- Ga. L. 1986, p. 377, § 2, not codified by the General Assembly, provided: "This Act shall become effective upon its approval by the Governor [approved March 26, 1986] or upon its becoming law without such approval and shall be applicable to any suit or action filed on or after that date. The provisions of this Act shall not affect any suit or action filed prior to the effective date of this Act in the Superior Court of Fulton County."

PART 4 K INCHAFOONEE LAKE AUTHORITY

12-3-360 through 12-3-378.

Reserved. Repealed by Ga. L. 2008, p. 1015, § 3/SB 344, effective May 14, 2008.

Editor's notes.

- This part was based on Ga. L. 1970, p. 3379, §§ 1-8; Ga. L. 1972, p. 1015, § 1524; Ga. L. 1982, p. 3, § 12; Ga. L. 1984, p. 22, § 12.

PART 5 T HE GREAT PARK AUTHORITY

12-3-390 through 12-3-397.

Reserved. Repealed by Ga. L. 1980, p. 328, § 8, effective July 1, 1983.

Editor's notes.

- Part 5 of Chapter 3 of Title 12 was based on Ga. L. 1980, p. 328.

Ga. L. 2013, p. 141, § 12/HB 79, reserved the designation of this part, effective April 24, 2013.

PART 6 O CONEE RIVER GREENWAY AUTHORITY

12-3-400. Short title.

This part shall be known and may be cited as the "Oconee River Greenway Authority Act."

(Code 1981, §12-3-400, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-401. Definitions.

As used in this part, the term:

  1. "Authority" means the Oconee River Greenway Authority.
  2. "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
  3. "Geographic jurisdiction of the authority" means Baldwin County and, subject to approval and upon such terms as agreed to by the authority and the governing authority of any county to be added, any other county bordered by or through which flows the Oconee River or any impounded waters thereof.
  4. "Project" means real property which borders, or is contiguous to real property which borders, the Oconee River or any impounded waters thereof in any county or counties within the geographic jurisdiction of the authority and improvements thereto of every kind and character deemed by the authority necessary or convenient for its corporate purpose.

(Code 1981, §12-3-401, enacted by Ga. L. 2002, p. 820, § 1; Ga. L. 2003, p. 448, § 1.)

12-3-402. Creation; membership; compensation; qualifications; accountabilities; assignment.

  1. There is created a body corporate and politic to be known as the Oconee River Greenway Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state.
  2. The authority shall consist of the commissioner of natural resources or the designee thereof, the director of the State Forestry Commission or the designee thereof, the mayor of Milledgeville, the president of Georgia Military College, the chairperson of the governing authority of each county which is in the geographic jurisdiction of the authority or the designee thereof, and no more than four residents of each county which is in the geographic jurisdiction of the authority who have training or experience in biology, botany, or environmental science and who shall be appointed by the chairperson of the governing authority of such county.
  3. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
  4. The members of the authority shall receive no compensation for their services on the authority but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this part.
  5. The authority 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 part or impair the obligations of any contracts existing under this part.
  6. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
  7. The authority is assigned to the Department of Natural Resources for administrative purposes only in accordance with Code Section 50-4-3.

(Code 1981, §12-3-402, enacted by Ga. L. 2002, p. 820, § 1; Ga. L. 2003, p. 448, § 2; Ga. L. 2013, p. 777, § 1/HB 177.)

The 2013 amendment, effective July 1, 2013, substituted "no more than four residents" for "two residents" near the middle of subsection (b).

12-3-403. Purpose and nature of authority.

The corporate purpose and the general nature of the business of the authority shall be the acquisition or establishment of projects consistent with but not limited to one or more of the goals specified in paragraph (5) of Code Section 12-6A-2; their maintenance and protection; and their development or restoration. The authority's purpose also shall be to engage in such other activities as it deems appropriate to promote use of any project by means of promoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources of the state by persons using or visiting any project.

(Code 1981, §12-3-403, enacted by Ga. L. 2002, p. 820, § 1; Ga. L. 2003, p. 448, § 3; Ga. L. 2008, p. 90, § 2-1/HB 1176.)

12-3-404. General powers.

The authority is authorized:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of real and personal property for its corporate purposes;
  3. To appoint, select, and employ officers, agents, and employees, including but not limited to conservation, management, engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of conservationists, managers, accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
  4. To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
  5. To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate to ensure maximum use of, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority and to engage in such other activities as it deems appropriate to promote use of any project by means of promoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources of the state by persons using or visiting any project. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body;
  6. To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
  7. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
  8. To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;

    (8.1) To organize a nonprofit corporation the purpose of which is to benefit and assist the authority in fulfilling the corporate purpose of the authority, pursuant to the provisions of Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code";

  9. To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;
  10. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
  11. To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body;
  12. To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts for any of the purposes of this authority;
  13. To do all things necessary or convenient to carry out the powers and purposes of the authority;
  14. To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority;
  15. To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;
  16. To contract with other authorities, departments, or agencies of the State of Georgia for the corporate purpose of the authority;
  17. To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
  18. To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; and
  19. To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks.

(Code 1981, §12-3-404, enacted by Ga. L. 2002, p. 820, § 1; Ga. L. 2003, p. 448, §§ 4, 5.)

12-3-405. Exemption from taxation.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, that in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.

(Code 1981, §12-3-405, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-406. Police powers.

The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to any county within the geographic jurisdiction of the authority.

(Code 1981, §12-3-406, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-407. Security force.

The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a police officer or law enforcement officer of the county in which he or she is discharging his or her duties.

(Code 1981, §12-3-407, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-408. Receipt of moneys deemed to be trust funds.

All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.

(Code 1981, §12-3-408, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-409. Authority to fix rentals and other charges for use of project.

The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the site of the project.

(Code 1981, §12-3-409, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-410. Attorney General providing legal services.

The Attorney General shall provide legal services for the authority, and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable the same as if the authority were identified therein as a state authority.

(Code 1981, §12-3-410, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-411. Jurisdiction of actions under this part.

Any action to protect or enforce any rights under this part or pertaining to validation of any bonds issued under this part shall be brought in the Superior Court of Baldwin County, Georgia; and such court shall have exclusive, original jurisdiction of such actions.Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.

(Code 1981, §12-3-411, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-412. Applicability of Chapter 10 of Title 45.

Members and employees of the authority shall be subject to the applicable provisions of Chapter 10 of Title 45.

(Code 1981, §12-3-412, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-413. Issuance of bonds.

  1. The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
  2. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
  3. In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such person had remained in office until such delivery. All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
  4. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.
  5. The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
  6. The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section.
  7. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
  8. The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
  9. Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.
  10. Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority.
    1. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
    2. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
    3. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
    4. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
    5. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.
  11. The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
  12. Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
  13. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
    1. The interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  14. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
  15. Subject to the provisions of the resolution authorizing the issuance of the bonds, or subject to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
  16. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
  17. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
  18. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.
  19. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Oconee River Greenway Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.
  20. No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission.
  21. The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

(Code 1981, §12-3-413, enacted by Ga. L. 2002, p. 820, § 1.)

12-3-414. Authorization of Governor.

The Governor is authorized to convey to the authority on behalf of the state any real or personal property or interest therein owned by the state in furtherance of this part. The consideration for such conveyance shall be determined by the Governor and expressed in the conveyance, provided that such consideration shall be nominal, the benefits going to the state and its citizens constituting full and adequate consideration.

(Code 1981, §12-3-414, enacted by Ga. L. 2002, p. 820, § 1.)

PART 7 S APELO ISLAND HERITAGE AUTHORITY

12-3-440. Short title.

This part shall be known and may be cited as the "Sapelo Island Heritage Authority Act."

(Code 1981, §12-3-440, enacted by Ga. L. 1983, p. 623, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "shall be known and" was inserted in this Code section.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 4. 63C Am. Jur. 2d, Public Lands, § 38 et seq.

C.J.S.

- 73A C.J.S., Public Lands, § 249. 81A C.J.S., States, §§ 254, 255.

12-3-441. Legislative findings.

  1. It is found, determined, and declared that:
    1. There is an urgent public need to preserve important and endangered historical areas in Georgia for the benefit of present and future generations;
    2. Many historical areas, because of Georgia's rapid progress over the past decade, have been altered and their value as a part of our heritage lost, and the few such remaining areas are in danger of being irreparably altered;
    3. Black culture is an important component of the history of Georgia;
    4. The State of Georgia possesses a rich heritage of black culture in its architectural, historical, and archeological resources associated with the life and culture of black Georgians;
    5. There exists on Greater Sapelo Island in McIntosh County, Georgia, a black community known as Hog Hammock which is composed primarily of the direct descendants of the slaves of Thomas Spalding, a prior landowner on Greater Sapelo Island, and the community rests on the grounds of the former Spalding Plantation;
    6. This community is the last community of its kind in the State of Georgia;
    7. The Hog Hammock community and many of the buildings and structures located therein date back to the mid-nineteenth century;
    8. It is important to the citizens of the State of Georgia that this community, which reflects the past culture of this state, be preserved for the benefit of present and future generations;
    9. The best and most important use of this area of Greater Sapelo Island is for said community to remain, as it currently exists, a historic community, occupied by the direct descendants of the slaves of Thomas Spalding; and
    10. In order to further the preservation of the cultural and historic values of the said community, the establishment and performance of the Sapelo Island Heritage Authority under this part is in the best interest of all Georgians.
  2. In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is declared that the creation of the Sapelo Island Heritage Authority and the carrying out of its corporate purposes are in all respects valid charitable and public purposes within the provisions of the Constitution of Georgia in that the preservation of the culture in this endangered historical area, as it currently exists, is important to present and future generations of Georgians.

(Code 1981, §12-3-441, enacted by Ga. L. 1983, p. 623, § 1; Ga. L. 1986, p. 453, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a misspelling of "archeological" was corrected in paragraph (a)(4).

12-3-442. Definitions.

As used in this part, the term:

  1. "Agency" means any agency, board, commission, or department within the executive branch of the state government of Georgia.
  2. "Authority" means the Sapelo Island Heritage Authority.

(Code 1981, §12-3-442, enacted by Ga. L. 1983, p. 623, § 1.)

12-3-443. Creation; power to contract and sue; assignment to Department of Natural Resources.

  1. There is created a body corporate and politic to be known as the Sapelo Island Heritage Authority, which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Fulton County, Georgia, as provided in Code Section 12-3-451 of this part. The authority shall have all the rights afforded the state by virtue of the Constitution of the United States and nothing in this part shall constitute a waiver of any such rights. The authority shall have perpetual existence.
  2. The authority shall not be deemed to be the State of Georgia or an agency thereof.
  3. The authority is assigned to the Department of Natural Resources for administrative purposes only.

(Code 1981, §12-3-443, enacted by Ga. L. 1983, p. 623, § 1.)

12-3-444. Membership; officers; compensation; quorum; meetings.

  1. The authority shall be composed of five members as follows:
    1. The Governor;
    2. The commissioner of natural resources;
    3. The executive director of the State Properties Commission;
    4. A resident of the community of Hog Hammock described in paragraph (5) of subsection (a) of Code Section 12-3-441 to be appointed by the Governor for a term of four years; and
    5. The Commissioner of Human Relations in the office of the Governor; provided, however, that if a vacancy exists in such office for longer than 60 consecutive days, the Governor shall appoint instead a second resident of the community of Hog Hammock for a term of four years, after which the Commissioner of Human Relations, if such office is then occupied, shall become a member.

      Vacancies in the appointed positions shall be filled for the remainder of the term by appointment of the Governor.

  2. The Governor shall be the chairperson of the authority, the commissioner of natural resources shall be its vice chairperson, and the executive director of the State Properties Commission shall be its secretary-treasurer.
  3. The members of the authority who are officers of the state shall not be entitled to any additional compensation for the rendering of their services to the authority. The members of the authority who are not public officers shall be entitled to reimbursement for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly.
  4. Three members shall constitute a quorum of the membership of the authority. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members of the authority present at a meeting at which a quorum is present. An abstention in voting shall be considered as that member voting in the negative on the matter before the authority.
  5. Meetings of the authority shall be held on the written notice of the chairperson. The notice of a meeting shall set forth therein the date, time, and place of the meeting. Minutes shall be kept of all meetings of the authority, and in the minutes there shall be kept a record of the vote of each member of the authority on all questions, acquisitions, transactions, and all other matters coming before the authority.

(Code 1981, §12-3-444, enacted by Ga. L. 1983, p. 623, § 1; Ga. L. 2002, p. 1412, § 1; Ga. L. 2012, p. 775, § 12/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised capitalization in paragraph (a)(5).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, "natural resources" was substituted for "the Department of Natural Resources" in subsections (a) (now paragraph (a)(2)) and (b).

12-3-445. Powers and duties.

The authority shall have the following powers and duties, in addition to other powers and duties set forth in this part:

  1. To have a seal and alter the same at its pleasure;
  2. To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, including tenancies in common, located both inside the Hog Hammock community and elsewhere on Greater Sapelo Island, McIntosh County, Georgia. Upon such acquisition by the authority, the said real and personal property shall become public property and shall be entitled to all the rights, privileges, and protection afforded like situated state owned or claimed property. The Governor is empowered and authorized, for and on behalf of the state, to convey to the authority, by deed, title to any real property owned or claimed by the state on Greater Sapelo Island. The authority may not acquire real or personal property by condemnation, eminent domain, but any real or personal property owned or claimed by the authority may be condemned, through the exercise of the power of eminent domain, by the State of Georgia, acting by and through its State Properties Commission;
  3. To procure insurance against any loss in connection with its property and other assets;
  4. To make contracts and to execute all instruments necessary or convenient, including leases and rental agreements, and other contracts with respect to the use of such real or personal property;
  5. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
  6. To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity, or from the State of Georgia or any agency, instrumentality, or political subdivision thereof, or from the United States, or any agency or instrumentality thereof;
  7. To act as agent for the United States, or any agency or instrumentality thereof, in any matter coming within the purposes or powers of the authority; and
  8. To do all things necessary or convenient to carry out the powers expressly given in this part.

(Code 1981, §12-3-445, enacted by Ga. L. 1983, p. 623, § 1; Ga. L. 1986, p. 453, § 2.)

12-3-446. Authority's property subject to inventory requirements; conveyances not subject to filing requirements.

The definition of real property in paragraph (1) of Code Section 50-16-120 shall include the real property of the authority. However, the definition of real property in paragraph (1) of subsection (a) of Code Section 50-16-122 shall exclude the real property of the authority.

(Code 1981, §12-3-446, enacted by Ga. L. 1983, p. 623, § 1.)

12-3-447. Authority's property not subject to adverse possession or prescription.

In that the real and personal property of the authority is public property, title by adverse possession or prescription shall not run against the authority or the real and personal property of the authority, and there shall be no application of or ripening or perfection of title by the doctrine of adverse possession or prescription against the authority or against the real and personal property of the authority.

(Code 1981, §12-3-447, enacted by Ga. L. 1983, p. 623, § 1; Ga. L. 1984, p. 22, § 12.)

12-3-448. Authority members accountable as trustees; financial records required.

The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit each year to the state auditor for inspection all the authority's books, together with the proper statement of the authority's financial position, at the close of its fiscal year, which shall be the same as the fiscal year of the State of Georgia.

(Code 1981, §12-3-448, enacted by Ga. L. 1983, p. 623, § 1.)

12-3-449. Authority and property exempt from taxation, levy and sale, garnishment, and attachment.

As the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or assessments by the state or by any county, municipality, authority, or political subdivision of this state upon any of the real or personal property acquired by it, or upon its activities in the operation or maintenance of any facility maintained or acquired by it, or upon any fees, rentals, or other charges for the use of such property or facilities, or upon any other income received by the authority. The said property, facilities, fees, rentals, charges, and income of the authority is exempt from levy and sale, garnishment, and attachment.

(Code 1981, §12-3-449, enacted by Ga. L. 1983, p. 623, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "garnishment" in the second sentence.

12-3-450. Attorney General to provide legal services.

The Attorney General shall provide legal services to the authority, and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 and 45-15-36 shall be fully applicable.

(Code 1981, §12-3-450, enacted by Ga. L. 1983, p. 623, § 1; Ga. L. 1984, p. 22, § 12.)

12-3-451. Jurisdiction of actions against authority.

Any action brought against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.

(Code 1981, §12-3-451, enacted by Ga. L. 1983, p. 623, § 1.)

12-3-452. Liberal construction.

This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this part.

(Code 1981, §12-3-452, enacted by Ga. L. 1983, p. 623, § 1.)

PART 8 G EORGIA AGRICULTURAL EXPOSITION AUTHORITY

12-3-470 through 12-3-484. Reserved.

Editor's notes.

- Ga. L. 2011, p. 261, § 4/HB 125, effective July 1, 2011, redesignated former Code Sections 12-3-470 through 12-3-484 as present Code Sections 2-3-1 through 2-3-15 and reserved the former Code section designations.

PART 9 G EORGIA AGRICULTURAL EXPOSITION AUTHORITY OVERVIEW COMMITTEE

12-3-500. Creation of committee; membership; vacancies; review of Georgia Agricultural Exposition Authority.

There is created as a joint committee of the General Assembly the Georgia Agricultural Exposition Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairman of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Agricultural Exposition Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this article.

(Code 1981, §12-3-500, enacted by Ga. L. 1985, p. 1110, § 1.)

RESEARCH REFERENCES

C.J.S.

- 3 C.J.S., Agriculture, § 151.

12-3-501. Assistance to committee in discharging duties; employees; securing professional services.

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.

(Code 1981, §12-3-501, enacted by Ga. L. 1985, p. 1110, § 1.)

12-3-502. Cooperation of Georgia Agricultural Exposition Authority.

The Georgia Agricultural Exposition Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Agricultural Exposition Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Agricultural Exposition Authority, as set forth in this part.

(Code 1981, §12-3-502, enacted by Ga. L. 1985, p. 1110, § 1; Ga. L. 1990, p. 8, § 12; Ga. L. 2005, p. 694, § 22/HB 293.)

12-3-503. Committee to evaluate performance of authority.

In the discharge of its duties, the committee shall evaluate the performance of the Georgia Agricultural Exposition Authority consistent with the following criteria:

  1. Prudent, legal, and accountable expenditure of public funds;
  2. Efficient operation; and
  3. Performance of its statutory responsibilities.

(Code 1981, §12-3-503, enacted by Ga. L. 1985, p. 1110, § 1.)

12-3-504. Expenditure of state funds by committee; compensation, expenses, and allowances for members.

  1. The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.
  2. The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
  3. The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

(Code 1981, §12-3-504, enacted by Ga. L. 1985, p. 1110, § 1.)

PART 10 G EORGIA MUSIC HALL OF FAME AUTHORITY

Cross references.

- Department of Community Affairs, T. 50, C. 8.

Law reviews.

- For article, "Intellectual Property Checklist for Marketing the Recording Artist Online," see 18 J. Intell. Prop. L. 541 (2011). For article, "Clearing the Way: Acquiring Rights and Approvals for Music Use in Media Applications," see 18 J. Intell. Prop. L. 561 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Trademarks.

- Georgia Music Hall of Fame Authority is the owner of the "Georgia Music Hall of Fame" and "Georgy" trademarks. 1999 Op. Att'y Gen. No. 99-4.

Selection of inductees into hall of fame.

- Georgia Constitution may prohibit the Georgia Music Hall of Fame Authority from delegating to a private entity the exclusive right to select inductees into the Georgia Music Hall of Fame. 1999 Op. Att'y Gen. No. 99-4.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, § 3.

12-3-520. Short title.

This part shall be known and may be cited as the "Georgia Music Hall of Fame Authority Act."

(Code 1981, §12-3-520, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-521. Definitions.

As used in this part, the term:

  1. "Authority" means the Georgia Music Hall of Fame Authority.
  2. "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation.Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
  3. "Project" means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.

(Code 1981, §12-3-521, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-522. Creation; membership; meetings; expense allowance; perpetual existence; records.

  1. There is created a body corporate and politic to be known as the Georgia Music Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state.
  2. The authority shall consist of nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and confirmed by the Senate and shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the state's music industry. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term.
    1. The authority shall hold a meeting each year in July, and, at each July meeting, the authority shall elect its own officers. Officers shall serve for terms of one year each beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
    2. The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.
  3. Each member of the authority who is not otherwise a state officer or employee shall receive for each day that such member is in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21. Each member of the authority who is otherwise an officer or employee of a state agency or authority may be reimbursed by that agency or authority for meals, transportation, and lodging in the usual manner authorized by law for such officers and employees. The members of the authority shall not receive any duplicate or other compensation for their services as such.
  4. The authority 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 part or impair the obligations of any contracts existing under this part.
  5. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
  6. Except for the authorization of the issuance of bonds, the authority may delegate to the executive director such powers and duties as it may deem proper.
  7. The commissioner of economic development shall be the executive director of the authority. The executive director shall appoint such directors, deputies, assistants, and other staff members as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient.

(Code 1981, §12-3-522, enacted by Ga. L. 1990, p. 1062, § 1; Ga. L. 1993, p. 809, § 1; Ga. L. 1998, p. 1386, § 1; Ga. L. 2005, p. 306, §§ 8, 9/SB 125.)

12-3-522.1. Joint operation between Georgia Music Hall of Fame and Georgia Sports Hall of Fame; proposals for accomplishing objectives.

The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management, and other activities so as to achieve such efficiencies and economies. Not later than September 30, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management, and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than December 31, 2010. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management, and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than April 30, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals.

(Code 1981, §12-3-522.1, enacted by Ga. L. 2010, p. 331, § 2/SB 523; Ga. L. 2011, p. 752, § 12/HB 142.)

Effective date.

- This Code section became effective May 24, 2010.

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.

12-3-523. Corporate purpose and general nature of business.

The corporate purpose and general nature of the business of the authority shall be:

  1. Constructing and maintaining a facility to house the Georgia Music Hall of Fame;
  2. Operating, advertising, and promoting the Georgia Music Hall of Fame; and
  3. Promoting music events at the facility and throughout the state.

(Code 1981, §12-3-523, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-524. General powers.

The authority is authorized:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of personal property for its corporate purposes;
  3. To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; including the power to contract with the Department of Economic Development or any other department for professional, technical, clerical, and administrative support as may be required and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
  4. To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
  5. To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority.The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body;
  6. To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
  7. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
  8. To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
  9. To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority;
  10. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
  11. To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body;
  12. To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;
  13. To do all things necessary or convenient to carry out the powers and purposes of the authority;
  14. To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority;
  15. To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;
  16. To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project;
  17. To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
  18. To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise;
  19. To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks;
  20. To select a site for the building of a state music hall of fame;
  21. To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority;
  22. To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority.Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and the Secretary of State shall be authorized to accept such filings.Upon dissolution of anysubsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia.The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; and
  23. The authority shall have the power to contract with the Department of Economic Development or any other department for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, that such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Economic Development or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to fulfill the purposes of the authority as set forth in this part. Nothing in this paragraph shall be construed as precluding the provision, by the Department of Economic Development, any other department, authority, or agency of the state, or the authority, of joint or complementary services or programs within the scope of their respective powers.

(Code 1981, §12-3-524, enacted by Ga. L. 1990, p. 1062, § 1; Ga. L. 1994, p. 493, § 1; Ga. L. 1998, p. 1386, § 2; Ga. L. 2005, p. 306, §§ 10, 11/SB 125.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, "advisers" was substituted for "advisors" following "consultants, and" near the middle of paragraph (3).

12-3-524.1. Expenditure of funds to aid in securing gifts, grants, donations, and contributions.

The authority, in order to make the Georgia Music Hall of Fame competitive with other nonprofit cultural institutions in securing gifts, grants, donations, and contributions and in the promotion and marketing of the Georgia Music Hall of Fame, is authorized to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects, contributors, and other persons who attend any function at the request of the authority or its staff to discuss the securing of, to provide services in the securing of, or to make gifts, grants, donations, and contributions to the Georgia Music Hall of Fame or to promote and market Georgia Music Hall of Fame programs and facilities. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The authority shall make available to the state auditor such vouchers or other collateral materials requested for the purposes of conducting an audit of the authority's books, accounts, and records as required by state law.

(Code 1981, §12-3-524.1, enacted by Ga. L. 1996, p. 1084, § 1.)

12-3-525. Exemption from taxation.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.

(Code 1981, §12-3-525, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-526. Police powers.

The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.

(Code 1981, §12-3-526, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-527. Security force.

The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof.The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety.For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a policeman or law enforcement officer of the county in which he is discharging his duties.

(Code 1981, §12-3-527, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-528. Moneys received by authority deemed to be trust funds.

All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.

(Code 1981, §12-3-528, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-529. Authority to fix rentals and other charges for users and exhibitors.

The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project.The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.

(Code 1981, §12-3-529, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-530. Attorney General to provide legal services for authority.

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

(Code 1981, §12-3-530, enacted by Ga. L. 1990, p. 1062, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, § 7 et seq.

12-3-531. Jurisdiction of actions brought under this part.

Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Fulton County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.

(Code 1981, §12-3-531, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-532. Contracts or transactions of authority involving conflict of interest.

  1. Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
  2. The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
  3. Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 16-10-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.

(Code 1981, §12-3-532, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-533. Issuance of bonds by authority.

  1. The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects.The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment.The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
  2. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
  3. In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman or vice chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairman or vice chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
  4. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.
  5. The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
  6. The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman or vice chairman of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section.
  7. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
  8. The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
  9. Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part.In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions.Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted.Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.
  10. Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state.Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority.
    1. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state.Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
    2. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
    3. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
    4. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
    5. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.
  11. The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
  12. Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
  13. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
    1. The interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  14. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
  15. Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
  16. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture.Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects.In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
  17. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
  18. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.
  19. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36.The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Georgia Music Hall of Fame Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority.The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.
  20. No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission.
  21. The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them.The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

(Code 1981, §12-3-533, enacted by Ga. L. 1990, p. 1062, § 1.)

12-3-534. Department of Economic Development authorized to construct, erect, acquire, and exercise custodial responsibility over projects.

The Department of Economic Development is authorized to construct, erect, acquire, and exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.

(Code 1981, §12-3-534, enacted by Ga. L. 1990, p. 1062, § 1; Ga. L. 2005, p. 306, § 12/SB 125.)

12-3-535. Creation of Georgia Music Hall of Fame Advisory Committee.

  1. There is created the Georgia Music Hall of Fame Advisory Committee.
  2. The number and identity of the advisory committee members shall be recommended by the executive director and confirmed by the Georgia Music Hall of Fame Authority. Members of the advisory committee shall consist of individuals who have an interest or expertise in the music industry. At its initial meeting, the advisory committee shall elect a chairperson, a vice chairperson, and such officers as it deems necessary to enable it to carry out its duties and functions. Officers shall serve for terms of one year each. No person shall hold the same office on the advisory committee for more than one term consecutively. Advisory committee members shall receive no compensation for their services but shall receive for each day that such members are in attendance at a meeting of the advisory committee a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21. The advisory committee shall meet at such time as the advisory committee deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

(Code 1981, §12-3-535, enacted by Ga. L. 1998, p. 1386, § 3.)

12-3-536. Transferring powers of authority to the Department of Economic Development.

  1. Effective July 1, 1998, without diminishing the powers of the authority pursuant to Code Section 12-3-524, all personnel positions authorized by the authority in fiscal year 1998 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1998, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service as defined in Code Section 45-20-2.
  2. On April 26, 2005, the functions of the Board of Community Affairs, Department of Community Affairs, and commissioner of community affairs respecting the Music Hall of Fame Authority are transferred to the Department of Economic Development. The commissioner of economic development and the commissioner of community affairs shall arrange administratively for the transfer of records, equipment, and facilities for such transferred functions. The personnel positions authorized by the Department of Community Affairs shall be transferred to the Department of Economic Development, and all employees of the Department of Community Affairs whose positions are transferred shall become employees of the Department of Economic Development with no break in service and in the classified or unclassified service as they were at the Department of Community Affairs.

(Code 1981, §12-3-536, enacted by Ga. L. 1998, p. 1386, § 3; Ga. L. 2005, p. 306, § 13/SB 125; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-5/HB 642.)

The 2012 amendment, effective July 1, 2012, in the second sentence of subsection (a), deleted "of the State Personnel Administration" following "unclassified service", and substituted "45-20-2" for "45-20-6" at the end.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "On April 26, 2005" was substituted for "Upon the effective date of this subsection" at the beginning of the first sentence in subsection (b).

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

PART 11 G EORGIA HALLS OF FAME AUTHORITY OVERVIEW COMMITTEE

12-3-550. Establishment of Georgia Halls of Fame Authority Overview Committee; membership.

There is created as a joint committee of the General Assembly the Georgia Halls of Fame Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority, as well as periodically review and evaluate the success with which each authority is accomplishing its statutory duties and functions as provided in this article.

(Code 1981, §12-3-550, enacted by Ga. L. 1990, p. 1079, § 1; Ga. L. 2010, p. 331, § 3/SB 523.)

The 2010 amendment, effective May 24, 2010, substituted "Georgia Halls of Fame" for "Georgia Music Hall of Fame" in the first sentence, and, in the last sentence, inserted "and the Georgia Sports Hall of Fame Authority", substituted "each authority" for "the authority", and substituted "this article" for "this part".

12-3-551. Assistance to committee by other state agencies.

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.

(Code 1981, §12-3-551, enacted by Ga. L. 1990, p. 1079, § 1; Ga. L. 2010, p. 331, § 3/SB 523.)

Editor's notes.

- Ga. L. 2010, p. 331, § 3/SB 523, effective May 24, 2010, reenacted this Code section without change.

12-3-552. Georgia Music Hall of Fame Authority and Georgia Sports Hall of Fame Authority to cooperate with state agencies.

The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. Each authority shall submit to the committee such reports and data as the committee shall reasonably require of each authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the two authorities. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the two authorities, as set forth in this part.

(Code 1981, §12-3-552, enacted by Ga. L. 1990, p. 1079, § 1; Ga. L. 2005, p. 694, § 23/HB 293; Ga. L. 2010, p. 331, § 3/SB 523.)

The 2010 amendment, effective May 24, 2010, inserted "and the Georgia Sports Hall of Fame Authority" near the beginning of the first sentence, in the second sentence, substituted "Each authority" for "The authority" at the beginning and substituted "each authority" for "the authority" near the middle, and substituted "two authorities" for "Georgia Music Hall of Fame Authority" in the third and fourth sentences.

Cross references.

- Contracts with public and private entities or individuals, § 50-8-9.

12-3-553. Standards for evaluation of performance of authority.

In the discharge of its duties, the committee shall evaluate the performance of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority consistent with the following criteria:

  1. Prudent, legal, and accountable expenditure of public funds;
  2. Efficient operation; and
  3. Performance of its statutory responsibilities.

(Code 1981, §12-3-553, enacted by Ga. L. 1990, p. 1079, § 1; Ga. L. 2010, p. 331, § 3/SB 523.)

The 2010 amendment, effective May 24, 2010, inserted "and the Georgia Sports Hall of Fame Authority" near the middle of the introductory paragraph.

12-3-554. Expenditure of state funds; per diem and expenses; appropriations.

  1. The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.
  2. The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
  3. The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

(Code 1981, §12-3-554, enacted by Ga. L. 1990, p. 1079, § 1; Ga. L. 2010, p. 331, § 3/SB 523.)

Editor's notes.

- Ga. L. 2010, p. 331, § 3/SB 523, effective May 24, 2010, reenacted this Code section without change.

PART 12 G EORGIA SPORTS HALL OF FAME AUTHORITY

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, § 3.

12-3-560. Short title.

This part shall be known and may be cited as the "Georgia Sports Hall of Fame Authority Act."

(Code 1981, §12-3-560, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-561. Definitions.

As used in this part, the term:

  1. "Authority" means the Georgia Sports Hall of Fame Authority.
  2. "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation.Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
  3. "Project" means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.

(Code 1981, §12-3-561, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-562. Creation; membership; terms; vacancies; expense allowance; perpetual existence; books and records; assignment to Department of Economic Development; staffing; cooperative agreements.

  1. There is created a body corporate and politic to be known as the Georgia Sports Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state.
    1. The terms of all members of the authority who are in office on April 30, 2010, shall terminate on such date. Effective July 1, 2010, the authority shall be under the governance of new members appointed as provided in paragraph (2) of this subsection.
    2. Members shall be appointed as follows:
      1. Five members shall be appointed by the Governor;
      2. Two members shall be appointed by the President of the Senate; and
      3. Two members shall be appointed by the Speaker of the House of Representatives.
    3. The members appointed to take office on July 1, 2010, shall serve until December 31, 2011, and until their respective successors are appointed and qualified. Successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. A member may be appointed to succeed himself or herself.
    4. Any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, may be appointed and serve as a member of the authority.
  2. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
  3. The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority the same daily expense allowance and reimbursement for transportation costs as provided for members of the General Assembly, as provided for in Code Section 45-7-21; and the members of the authority may be reimbursed from funds of the authority for reasonable mileage expenses incurred in furtherance of official business of the authority. Otherwise, they shall not receive any other compensation for their services as such.
  4. The authority 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 part or impair the obligations of any contracts existing under this part.
  5. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
  6. The authority is assigned to the Department of Economic Development for administrative purposes only.
  7. The authority shall appoint, with the prior consent of the commissioner of economic development, appropriate staff as needed who shall be experienced and competent in such areas as management, fund raising, and marketing. The staff shall serve at the pleasure of the authority and shall be compensated from funds of the authority in such amount as shall be fixed by the authority.
  8. The authority may create and may enter into cooperative agreements with a nonprofit corporation to serve as a foundation to assist with the raising of funds and the generation of revenues for the purposes of the authority.

(Code 1981, §12-3-562, enacted by Ga. L. 1994, p. 1251, § 1; Ga. L. 1998, p. 214, §§ 2, 2.1; Ga. L. 2000, p. 848, § 1; Ga. L. 2004, p. 306, § 14; Ga. L. 2010, p. 331, § 1/SB 523.)

The 2010 amendment, effective May 24, 2010, rewrote subsection (b); in subsection (d), inserted "may be reimbursed from funds of the authority for reasonable mileage expenses incurred in furtherance of official business of the authority." at the end of the first sentence and added "Otherwise, they" at the beginning of the second sentence; and added subsections (h) and (i).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, a period was inserted at the end of the first sentence in paragraph (b)(1).

12-3-562.1. Joint operation between Georgia Sports Hall of Fame and Georgia Music Hall of Fame; proposals for accomplishing objectives.

The Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management, and other activities so as to achieve such efficiencies and economies. Not later than September 30, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management, and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than December 31, 2010. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management, and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than April 30, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals.

(Code 1981, §12-3-562.1, enacted by Ga. L. 2010, p. 331, § 1/SB 523; Ga. L. 2011, p. 752, § 12/HB 142.)

Effective date.

- This Code section became effective May 24, 2010.

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.

12-3-563. Purpose.

The corporate purpose and general nature of the business of the authority shall be:

  1. Constructing and maintaining a facility to house the Georgia Sports Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere; honoring those previously selected and inducted by the Georgia Sports Hall of Fame Board; and selecting, appropriately honoring, and inducting future members of the Georgia Sports Hall of Fame. The authority shall establish and include in its bylaws criteria for eligibility for selection and induction into the Georgia Sports Hall of Fame; and
  2. Operating, advertising, and promoting the Georgia Sports Hall of Fame.

(Code 1981, §12-3-563, enacted by Ga. L. 1994, p. 1251, § 1; Ga. L. 1998, p. 214, § 3.)

12-3-564. Powers and duties.

The authority is authorized:

  1. To have a seal and alter it at pleasure;
  2. To acquire, hold, and dispose of personal property for its corporate purposes;
  3. To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
  4. To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
  5. To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority.The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body;
  6. To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
  7. To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
  8. To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
  9. To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority;
  10. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
  11. To solicit, receive, and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body;

    (11.1) To receive from the Georgia Sports Hall of Fame Board all of its property and assets required to be transferred to the authority and to pay therefrom any obligations incurred by said board prior to the transfer;

  12. To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;
  13. To do all things necessary or convenient to carry out the powers and purposes of the authority;
  14. To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority;
  15. To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;
  16. To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project;
  17. To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
  18. To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise;
  19. To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks;
  20. To select a site for the building of a state sports hall of fame; provided, however, that the initial site of such facility shall be located in Macon, Georgia, if the City of Macon, prior to January 1, 1995, donates land therefor in the general area of the location of the Georgia Music Hall of Fame; and
  21. To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority.

(Code 1981, §12-3-564, enacted by Ga. L. 1994, p. 1251, § 1; Ga. L. 1995, p. 10, § 12; Ga. L. 1998, p. 214, § 4.)

12-3-565. Tax exemption.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.

(Code 1981, §12-3-565, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-566. Police powers.

The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.

(Code 1981, §12-3-566, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-567. Security force.

The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof.The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety.For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a law enforcement officer of the county in which he or she is discharging his or her duties.

(Code 1981, §12-3-567, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-568. Trust fund.

All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.

(Code 1981, §12-3-568, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-569. Rentals and other charges.

The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project.The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.

(Code 1981, §12-3-569, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-570. Legal services.

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

(Code 1981, §12-3-570, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-571. Venue and jurisdiction of actions.

Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Bibb County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.

(Code 1981, §12-3-571, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-572. Conflicts of interest.

  1. Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
  2. The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
  3. Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 16-10-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.

(Code 1981, §12-3-572, enacted by Ga. L. 1994, p. 1251, § 1.)

12-3-573. Revenue bonds.

  1. The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects.The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment.The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
  2. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
  3. In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
  4. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.
  5. The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
  6. The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section.
  7. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
  8. The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
  9. Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part.In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions.Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted.Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.
  10. Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state.Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority.
    1. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state.Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
    2. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.
    3. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
    4. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
    5. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.
  11. The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
  12. Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
  13. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
    1. The interest upon such revenue bonds as such interest shall fall due;
    2. The principal of the bonds as the same shall fall due;
    3. The necessary charges of paying agents for paying principal and interest; and
    4. Any premium upon bonds retired by call or purchase.
  14. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
  15. Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
  16. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture.Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects.In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
  17. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
  18. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.
  19. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36.The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Georgia Sports Hall of Fame Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority.The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.
  20. No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission.
  21. The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them.The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

(Code 1981, §12-3-573, enacted by Ga. L. 1994, p. 1251, § 1; Ga. L. 2001, p. 4, § 12.)

12-3-574. Construction and responsibility over project by Department of Economic Development.

The Department of Economic Development is authorized to construct, erect, acquire, and exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.

(Code 1981, §12-3-574, enacted by Ga. L. 1994, p. 1251, § 1; Ga. L. 2005, p. 306, § 15/SB 125.)

PART 13 G EORGIA GOLF HALL OF FAME AUTHORITY

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Entertainment and Sports Law, § 3.

12-3-580 through 12-3-592.

Repealed by Ga. L. 2010, p. 753, § 1/SB 449, effective June 2, 2010.

Editor's notes.

- This part consisted of Code Sections 12-3-580 through 12-3-592, relating to the Georgia Golf Hall of Fame Authority, and was based on Ga. L. 1998, p. 1563, § 1; Ga. L. 2005, p. 306, § 16/SB 125.

Ga. L. 2010, p. 753, § 4/SB 449, not codified by the General Assembly, provides: "The state, acting by and through its State Properties Commission, shall be authorized to sell by competitive bid all real property owned or controlled by the Georgia Golf Hall of Fame or its authority or board for a consideration of not less than the fair market value as determined by the State Properties Commission and not less than the amount of the outstanding bond indebtedness associated with the Georgia Golf Hall of Fame. Such sale shall be as provided in Code Section 50-16-39. Such authorization shall expire three years after the effective date of this Act." This Act became effective June 2, 2010.

ARTICLE 8 NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT ACQUISITION PROGRAMS

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, the Code sections in this article, which were enacted as Code Sections 12-3-500 through 12-3-502 by Ga. L. 1985, p. 700, § 1, were redesignated as Code Sections 12-3-600 through 12-3-602 to avoid conflict with the Code sections enacted as Part 9 of Article 7 of this chapter by Ga. L. 1985, p. 1110, § 1.

12-3-600. Legislative findings; policy of state.

The General Assembly finds that it is in the best interest of the state to provide for the conservation of nongame species of wildlife for the benefit and nonconsumptive use of the citizens of Georgia. Historically, wildlife conservation programs have been focused on the more recreationally and commercially important game species. As a consequence, such programs have been largely financed by hunting and fishing license revenues and by federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of nongame wildlife conservation programs and wildlife habitat acquisition programs which enhance the protection of nongame species. It is the policy of this state to enable and encourage citizens voluntarily to support nongame wildlife conservation programs and wildlife habitat acquisition programs.

(Code 1981, §12-3-600, enacted by Ga. L. 1985, p. 700, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 37 et seq. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, § 4. 63C Am. Jur. 2d, Public Lands, § 38 et seq.

C.J.S.

- 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 10, 45 et seq. 73A C.J.S., Public Lands, § 249. 81A C.J.S., States, §§ 254, 255.

12-3-601. Definitions.

As used in this article, the term:

  1. "Department" means the Department of Natural Resources.
  2. "Nongame wildlife" means all species of flora and fauna indigenous to Georgia which are not legally taken through hunting, fishing, trapping, or otherwise.
  3. "Wildlife" means all species of flora and fauna indigenous to Georgia.

(Code 1981, §12-3-601, enacted by Ga. L. 1985, p. 700, § 1.)

12-3-602. Establishment of programs and activities; Nongame Wildlife Conservation and Wildlife Habitat Acquisitions Fund; income tax return form contribution option; administrative costs of voluntary contribution program.

  1. The department shall establish nongame wildlife conservation programs and wildlife habitat acquisition programs and educational and promotional activities in support thereof to enhance the protection of nongame wildlife and the nonconsumptive use thereof by the citizens of Georgia. To support such programs, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (c) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department.
  2. There is established a special fund to be known as the "Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund." This fund shall consist of all moneys contributed under subsection (a) of this Code section, all moneys transferred to the department under subsection (c) of this Code section, and any other moneys contributed to this fund or to the nongame wildlife conservation and wildlife habitat acquisition programs of the department and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and may expend moneys held in the fund in furtherance of its nongame wildlife conservation programs and its wildlife habitat acquisition programs and related educational and promotional projects. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the Board of Natural Resources and to members of the public on request.
    1. Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1989, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established in subsection (b) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund may designate such contribution as provided in this Code section on the appropriate income tax return form.
    2. The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established in subsection (b) of this Code section; provided, however, the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions.

(Code 1981, §12-3-602, enacted by Ga. L. 1985, p. 700, § 1.)

ARTICLE 9 PROTECTION OF ARCHEOLOGICAL, ABORIGINAL, PREHISTORIC, AND HISTORIC SITES

Cross references.

- Protection of American Indian human remains and burial objects, § 44-12-260 et seq.

Administrative Rules and Regulations.

- Historic preservation, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1 et seq.

12-3-620. Definitions.

As used in this article, the term:

  1. "American Indian" means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legislative session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dockets pertaining to the Creek Nation east of the Mississippi.
  2. "Burial object" means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later.Such term includes any item defined in paragraph (4) of Code Section 36-72-2 and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
  3. "Council" means the Council on American Indian Concerns established by Code Section 44-12-280.
  4. "Human remains" means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
  5. "Object of cultural patrimony" means an object having ongoing historical, traditional, or cultural importance central to a group or culture itself, rather than property owned by an individual, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of a tribe or an organization.
  6. "Sacred object" means a specific ceremonial object which is used by a religious leader for the practice of a religion by the present day adherents of such religion.

(Code 1981, §12-3-620, enacted by Ga. L. 1992, p. 1790, § 2.)

12-3-621. Prohibited acts as to archeological, aboriginal, prehistoric, or historic sites; notification of state archeologist before beginning investigation or disturbance of site; penalty.

  1. It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
    1. Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, features, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
    2. Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land;
    3. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or
    4. Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site.
  2. When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not documented as operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or discovering artifacts with the written permission of the landowner, such person shall notify the state archeologist before beginning any such investigation or disturbance. The state archeologist shall maintain a web site and telephone hot line, available at all times, for the purpose of receiving notice in such form as shall be specified by policy of the department. The state archeologist shall immediately notify the Council on American Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The state archeologist shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended.
  3. Possession of any archeological artifact collected on or after July 1, 2001, without the written permission of the owner of the land from which the artifact was removed shall be prima-facie evidence that the archeological artifact was taken in violation of this chapter. As to archeological artifacts unlawfully in the possession of any person or entity, same shall be confiscated and held by the appropriate law enforcement official(s) and shall be returned by said official(s) to the property owner from whose property the artifacts were improperly removed.
  4. Any person who violates any provision of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §12-3-621, enacted by Ga. L. 1992, p. 1790, § 2; Ga. L. 2001, p. 313, § 1; Ga. L. 2007, p. 166, § 1/HB 177.)

Cross references.

- State archeologist, § 12-3-53.

Council on American Indian Concerns, § 44-12-280.

U.S. Code.

- Section 106 of the National Historic Preservation Act, referred to in subsection (b), is codified at 16 U.S.C. § 470f.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Georgia Crime Information Center is authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 12-3-621. 2001 Op. Att'y Gen. No. 2001-11.

12-3-622. Buying, selling, trading, importing, or exporting American Indian burial, sacred, or cultural objects.

  1. After December 1, 1992, it shall be unlawful for any person to buy, sell, trade, import, or export for purposes of buying, selling, or trading for profit any American Indian burial object, sacred object, or object of cultural patrimony, with knowledge that the object is an American Indian burial or sacred object or an object of cultural patrimony.
  2. Any person who violates the provisions of subsection (a) of this Code section is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine not to exceed $500.00 for each burial object, sacred object, or object of cultural patrimony involved in such violation.

(Code 1981, §12-3-622, enacted by Ga. L. 1992, p. 1790, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "selling" in subsection (a).

ARTICLE 10 OFFICIAL GARDENS AND NATURE CENTERS

Cross references.

- Department of Industry, Trade, and Tourism, T. 50, C. 7.

Editor's notes.

- Former Code Sections 12-3-630 through 12-3-641, enacted by Ga. L. 1998, p. 1007, § 1, were automatically repealed upon the defeat of the proposed enabling constitutional amendment at the 1998 general election.

12-3-640. Designation.

In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conservation Park in Lumpkin, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of Economic Development and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia.

(Code 1981, §12-3-640, enacted by Ga. L. 2000, p. 945, § 1; Ga. L. 2004, p. 690, § 8.)

ARTICLE 11 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY

Cross references.

- Agriculture, T. 2.

12-3-650. Definitions.

Repealed by Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011.

Editor's notes.

- This Code section was based on Code 1981, § 12-3-650, enacted by Ga. L. 2001, p. 894, § 2.

12-3-651. Redesignated.

Editor's notes.

- Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011, redesignated former Code Section 12-3-651 as present Code Section 20-3-73.1.

12-3-652 through 12-3-661.

Repealed by Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011.

Editor's notes.

- These Code sections were based on Code 1981, §§ 12-3-652 -12-3-661, enacted by Ga. L. 2001, p. 894, § 2; Ga. L. 2002, p. 415, § 12; Ga. L. 2004, p. 690, § 9.

12-3-662. Redesignated.

Editor's notes.

- Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011, redesignated former Code Section 12-3-662 as present Code Section 20-3-73.2.

ARTICLE 12 POWER ALLEY DEVELOPMENT AUTHORITY

12-3-680 through 12-3-708.

Repealed by Ga. L. 2008, p. 1015, § 4/SB 344, effective May 14, 2008.

Editor's notes.

- This article was based on Code 1981, §§ 12-3-680 through12-3-708, enacted by Ga. L. 2002, p. 1198, § 1.

CHAPTER 4 MINERAL RESOURCES AND CAVES

Article 1 General Provisions.
Article 2 Mining and Drilling.
Part 1 OIL WELL REWARD.
Part 2 DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS.
Part 3 SURFACE MINING.
Article 3 Phosphates and Gold.
Part 1 PHOSPHATES.
Part 2 GOLD.
Article 4 Cave Protection.
Cross references.

- Regulation of sale and storage of liquefied petroleum gas, § 10-1-260 et seq.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Registration of geologists, T. 43, C. 19.

12-4-1. Powers and duties of Environmental Protection Division as to mineral and geological resources.

  1. The Environmental Protection Division of the Department of Natural Resources shall:
    1. Conduct studies in the field for the purposes expressed in this subsection;
    2. Map and prepare reports of the geological and mineral resources of the state;
    3. Prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, and for use in planning power developments, agriculture and reclamation work, and highways;
    4. Make hydrographic surveys which are deemed by the division to be advantageous to the mining and milling of mineral deposits, to the utilization of waterpower, or to reclamation, or which are deemed to constitute proper cooperative investigations with other departments of the state or federal governments in aid of laboratory research relating to mining and to metallurgical problems of the state's mining and mineral industry; and
    5. Publish in print or electronically bulletins embodying reports provided by the division.
  2. It shall be the duty of the division to conduct cooperative work relating to mines, mining, and geology with the departments and bureaus of the United States government, provided that the federal expenditure for such work shall at least equal that of the state.
  3. The director of the Environmental Protection Division of the Department of Natural Resources may appoint technical assistants who shall be in the classified service as defined by Code Section 45-20-2.
  4. The functions, duties, and powers of the former Department of Mines, Mining, and Geology are transferred to and vested in the Environmental Protection Division of the Department of Natural Resources.
  5. The Environmental Protection Division of the Department of Natural Resources shall have charge of the work of mines, mining, and geology.

(Ga. L. 1894, p. 111, § 3; Civil Code 1895, §§ 1715, 1716; Civil Code 1910, §§ 1966, 1967; Code 1933, §§ 43-302, 43-304; Ga. L. 1937, p. 264, § 9; Ga. L. 1943, p. 180, §§ 1, 3, 4, 7; Ga. L. 1972, p. 1015, § 1502; Ga. L. 1981, p. 838, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1984, p. 22, § 12; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2012, p. 446, § 2-6/HB 642.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraph (a)(5).

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "under the State Personnel Administration" at the end of subsection (c).

Cross references.

- Powers and duties of department generally, § 12-2-4.

Duty of department to keep records of findings as to geological formations encountered in underground water drilling operations, § 12-5-71.

Professional engineers and land surveyors generally, T. 43, C. 15.

Registration of geologists, T. 43, C. 19.

Penalty for removal or destruction of survey monuments, § 44-1-15.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 38.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 66, 67. 81A C.J.S., States, §§ 166, 328 et seq.

ALR.

- Constitutionality of statute limiting or controlling exploitation or waste of natural resources, 24 A.L.R. 307; 78 A.L.R. 834.

ARTICLE 2 MINING AND DRILLING

Cross references.

- Powers of department and Board of Natural Resources regarding underground storage of gas, § 46-4-60.

Powers of State Properties Commission regarding contracts and leases for exploration, drilling, and mining, of mineral resources, § 50-16-43.

Administrative Rules and Regulations.

- Oil and gas and deep drilling, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-3-13.

RESEARCH REFERENCES

ALR.

- Production on one tract as extending term on other tract where one mineral lease conveys oil or gas rights in separate tracts for as long as oil or gas is produced, 35 A.L.R.4th 1167.

Duty of oil or gas lessee to restore surface of leased premises upon termination of operations, 62 A.L.R.4th 1153.

PART 1 O IL WELL REWARD

RESEARCH REFERENCES

ALR.

- Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.

12-4-20. Amount of reward; eligibility for reward.

There shall be paid the sum of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state, provided that such well must produce at least 100 barrels of oil per day. The determination as to whether such well is producing this amount is vested in the commissioner of natural resources.

(Ga. L. 1958, p. 265, § 1; Ga. L. 1983, p. 514, § 2.)

Cross references.

- Gratuities prohibited, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.

Editor's notes.

- Ga. L. 1983, p. 514, § 1, not codified by the General Assembly, provides as follows: "It is the intent of this Act to implement the provisions of Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia."

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bounties, § 4.

21B Am. Jur. Pleading and Practice Forms, Rewards, § 2.

12-4-21. Manner of distribution of reward.

Such amount shall be distributed as follows:

  1. The sum of $50,000.00 to the owner or owners of the minerals or the property, or both, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective interest therein; provided, however, that the owner or owners of any mineral interest which does not include oil shall not share in such payment;
  2. The sum of $100,000.00 to the company or individual, or combination of persons, firms, and corporations, which drills or causes to be drilled such oil well, being those persons, firms, or corporations which own the working interest in the well as "working interest" is known and defined in the oil industry;
  3. The sum of $87,500.00 to the contractor who furnishes the equipment for the drilling of such well, and who performs the job of drilling and completion of the well, provided that if there is more than one contractor, such sum shall be divided only between or among those who engage in drilling the well and in completing same for production and who carry out and complete their contracts;
  4. The sum of $12,500.00 to be equally divided among the workmen and employees actually engaged in the job of drilling and completing the well, being those persons certified to the Governor by the contractor or contractors, or owners of the working interest, or both, as being his or their bona fide employees who were working on the job when the drilling, or completion of the well for production, or the contractor's contract, was completed, or who otherwise carried out and completed their employment.

(Ga. L. 1958, p. 265, § 2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bounties, §§ 4, 7, 9.

12-4-22. Authorization for Governor to make payments from surplus or contingent funds.

The Governor is authorized to make the payments provided for in this part from the surplus or the contingent funds, or both, of the state.

(Ga. L. 1958, p. 265, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bounties, § 9.

PART 2 D EEP DRILLING FOR OIL, GAS, AND OTHER MINERALS

Cross references.

- Obtaining rights of way for mining, quarrying, and other purposes, § 44-9-70 et seq.

RESEARCH REFERENCES

ALR.

- Liability for damage to oil well by one employed to "shoot" it, 46 A.L.R. 341.

Acceptance of rents or royalties under oil and gas lease as waiver of forfeiture for breach of covenant or condition regarding drills of wells, 80 A.L.R. 461.

Constitutionality of statute regulating petroleum production, 86 A.L.R. 418.

Construction, application, and effect of statutes regulating production of oil or gas in a manner or under conditions constituting waste, 86 A.L.R. 431.

Duty of lessee or assignee of oil or gas lease as regards marketing or delivery for marketing of oil or gas discovered, 86 A.L.R. 725; 71 A.L.R.2d 1219.

Royalty interest reserved by conveyance or lease of oil and gas rights as real or personal property, 90 A.L.R. 770; 101 A.L.R. 884; 131 A.L.R. 1371.

Extent of development necessary to comply with express or implied covenant of oil and gas lease as to development, 93 A.L.R. 460.

Constitutionality of statute, ordinance, or regulation limiting right of surface owner in respect of oil or gas, 99 A.L.R. 1119.

Instrument conveying land, minerals, or mineral rights as raised implied obligation to drill and develop for oil and gas, 137 A.L.R. 415.

Estoppel to assert termination of oil and gas lease because of cessation of operations, 137 A.L.R. 1037.

Right to partition in kind of mineral or oil and gas land, 143 A.L.R. 1092.

Severance of tile or rights to oil and gas in place from title to surface, 146 A.L.R. 880.

Mistake as to existence, practicability of removal, or amount of minerals as ground for relief from mineral lease, 163 A.L.R. 878.

Construction of deed of undivided interest in land, as to fractional interest in oil, gas, or other minerals, or in royalty, reserved or excepted, 163 A.L.R. 1132.

What constitutes oil or gas "royalty," or "royalties," within language of conveyance, exception, reservation, devise, or assignment, 4 A.L.R.2d 492.

Mistake, accident, inadvertence as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.

Abandonment of oil or gas lease by parol declaration, 13 A.L.R.2d 951.

Perpetual nonparticipating royalty interest in oil and gas as violating rule against perpetuities, 46 A.L.R.2d 1268.

Rights of parties to oil and gas lease or royalty deed after expiration of fixed term where production temporarily ceases, 100 A.L.R.2d 885.

Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.

Liability of oil and gas lessee or operator for injuries to or death of livestock, 51 A.L.R.3d 304.

What constitutes reasonably necessary use of the surface of the leasehold by a mineral owner, lessee, or driller under an oil and gas lease or drilling contract, 53 A.L.R.3d 16.

Oil and gas royalty as real or personal property, 56 A.L.R.4th 539.

Mine tailings as real or personal property, 75 A.L.R.4th 965.

Oil and gas; rights of royalty owners to take-or-pay settlements, 57 A.L.R.5th 753.

Admiralty jurisdiction over contracts for services in connection with off-shore drilling operations, 114 A.L.R. Fed. 623.

12-4-40. Short title.

This part shall be known and may be cited as the "Oil and Gas and Deep Drilling Act of 1975."

(Ga. L. 1975, p. 966, § 2; Ga. L. 2018, p. 953, § 1/HB 205.)

Editor's notes.

- Ga. L. 2018, p. 953, § 1/HB 205, effective May 8, 2018, reenacted this Code section without change.

12-4-41. Legislative findings and declaration of policy.

The General Assembly finds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any stratum which contains fresh water. This duty further requires that adequate protection be assured in any drilling or the use of such drilled wells in certain other environmentally sensitive areas or in other circumstances where the result of such drilling and use may endanger the health, safety, and welfare of the citizens of this state. It is not the policy of the General Assembly to regulate the drilling of shallow exploration or engineering holes except in such environmentally sensitive areas as defined in this part. The General Assembly further finds and declares that oil and gas exploration to identify new sources of energy should not occur at the expense of our important natural resources such as residential, municipal, and industrial supplies of fresh water. The General Assembly further finds and declares that it should continue to encourage oil and gas exploration. The General Assembly further finds and declares that with an increase in oil exploration, it must provide assurances to persons engaging in such exploration that adequate safeguards regarding results of exploration will remain privileged information for a specified time. The General Assembly further finds and declares that it is in the public interest to obtain, protect, and disseminate all possible geologic information associated with drilling operations in order to further the purposes of future energy related research.

(Ga. L. 1975, p. 966, § 1; Ga. L. 2018, p. 953, § 1/HB 205.)

The 2018 amendment, effective May 8, 2018, in this Code section, substituted "declares that oil and gas exploration to identify new sources of energy should not occur" for "declares that, with the current energy shortage which this state and nation face, it must encourage oil and gas exploration to identify new sources of energy, but not" in the fourth sentence, and added the fifth sentence.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, a hyphen was deleted from "energy related" in the last sentence of this Code section.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gas and Oil, § 144.

C.J.S.

- 58 C.J.S., Mines and Minerals, § 401 et seq.

12-4-42. Definitions.

As used in this part, the term:

  1. "Board" means the Board of Natural Resources.

    (1.1) "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.

  2. "Drilling" means the boring of a hole in the earth by remote mechanical means and all associated activities, including but not limited to casing, perforating, plugging, cementing, and capping.
  3. "Environmentally sensitive area of the coastal zone" means that area of the coastal zone where salt-water-bearing strata overlie the fresh-water aquifer system.
  4. "Field" means the general area which is underlaid or appears to be underlaid by at least one pool. This term shall include the underground reservoir or reservoirs containing crude petroleum oil or natural gas, or both. The words "field" and "pool" mean the same thing when only one underground reservoir is involved; however, "field," unlike "pool," may relate to two or more pools.
  5. "Gas" means all natural gas, including casing-head gas, and all other hydrocarbons not defined as oil in paragraph (10) of this Code section.

    (5.1) "Hydraulic fracturing" means those operations conducted in an individual well bore designed to increase the flow of hydrocarbons from the rock formation to such well bore through modification of the permeability of reservoir rock by fracturing it through application of fluids under pressure.

  6. "Illegal mineral" means any mineral, including oil or gas, which has been produced within the State of Georgia in violation of this part, any rule or regulation adopted and promulgated pursuant to this part, or any order issued under this part.
  7. "Illegal product" means any product of oil, gas, or other mineral, any part of which was processed or derived, in whole or in part, from an illegal mineral.
  8. "Mineral" means any naturally occurring substance found in the earth which has commercial value. This term shall include oil and gas, as defined in this Code section, but shall not include fresh water.
  9. "Mineral product" means any commodity made from any mineral.
  10. "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir.
  11. "Owner" means the person who has the right to drill into and produce from any pool and to appropriate the production either for himself or herself and another, or himself or herself and others.
  12. "Person" means any natural person, corporation, joint venture, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, all agencies or instrumentalities of the state, and all county or municipal governments or any authority.
  13. "Pool" means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas, or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term "pool" as used in this part.
  14. "Producer" means the owner of a well or wells capable of producing oil or gas, or both.
  15. "Tender" means a permit or certificate of clearance for the transportation of minerals, including oil and gas, or mineral products produced under this part, approved and issued or registered under the authority of the board.
  16. "Unitization agreement" means a voluntary agreement between operators to create operation units.
  17. "Waste," in addition to its ordinary meaning, means "physical waste" as that term is generally understood in the oil and gas industry. The term shall also include, but not be limited to:
    1. The inefficient, excessive, or improper use or dissipation of reservoir energy and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which results, or tends to result, in a reduction in the quantity of oil or gas ultimately to be recovered from any pool in this state;
    2. The inefficient storing of oil and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas;
    3. Abuse of the correlative rights and opportunities of each owner of gas or oil in a common reservoir due to nonuniform, disproportionate, and unratable withdrawals causing undue drainage between tracts of lands;
    4. The production of oil or gas in such a manner as to cause unnecessary water channeling or zoning;
    5. The operation of any oil well or wells with an inefficient gas-oil ratio;
    6. The drowning with water of any stratum or part thereof capable of producing gas or oil, except where approval for such a project has been granted by the department;
    7. Underground waste, however caused and whether or not defined, as the same relates to any activity regulated by this part;
    8. The creation of unnecessary fire hazards as the same relates to any activity regulated by this part;
    9. The escape into the open air, from a well producing both oil and gas, of gas in excess of the amount which is necessary in the efficient drilling or operation of the well; and
    10. Permitting gas produced from a gas well to escape into the air, except for testing purposes.
  18. "Well" means any boring drilled in the search for or the production of oil, gas, or other minerals or water.

(Ga. L. 1945, p. 366, § 8; Ga. L. 1975, p. 966, § 3; Ga. L. 1976, p. 544, §§ 1-3; Ga. L. 1984, p. 398, § 1; Ga. L. 2018, p. 953, § 1/HB 205.)

The 2018 amendment, effective May 8, 2018, added paragraph (5.1); inserted "or herself" twice in paragraph (11); and added "and" at the end of subparagraph (17)(I).

RESEARCH REFERENCES

ALR.

- Rights as to oil escaping from well, tank, or pipeline, 42 A.L.R. 577.

Implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 14.

Remedy for breach of implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 147.

12-4-43. Powers of board as to deep drilling.

For the purpose of this part:

  1. The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction;
  2. The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for the exploration or production of oil and gas; any well for the exploration or production of any other mineral drilled to a depth greater than 1,800 feet; any well for the exploration or production of any mineral located in the environmentally sensitive area of the coastal zone and which is drilled to a depth sufficient to penetrate the fresh-water aquifer system; any underground storage well with the exception of those wells covered by Article 3 of Chapter 4 of Title 46; any well for the underground disposal of waste materials; any well for the production of fresh water drilled to a depth greater than 1,800 feet; and any well for the exploration or production of brine or salt water;
  3. The board shall have the authority to regulate the spacing of wells and the production of all oil and gas and the production of any other minerals produced through a well or bore hole in liquid or slurry form to a depth greater than 1,800 feet or located in the environmentally sensitive area; provided, however, that this authority does not extend to the drilling of wells for the production of fresh water used for drinking, residential, industrial, or agricultural purposes, except as provided for in paragraph (2) of this Code section;
  4. The board shall have the power to adopt and promulgate rules and regulations necessary to effectuate the purposes of this part;
  5. The board may delegate to the director the administrative duties and powers, including, without limitation, the power to consider and issue permits to drill wells and to establish drilling and operation units, created under the authority of this part; and
  6. Upon receipt of at least 12 applications during a calendar year for any permit to drill any well for the exploration or production of oil or gas, the board may delegate to the director the authority to create an Oil and Gas Board to review and issue permits and regulate drilling activity. Any such Oil and Gas Board shall consist of the state geologist and three other members appointed by the Governor.

(Ga. L. 1975, p. 966, § 4; Ga. L. 1976, p. 544, § 4; Ga. L. 1984, p. 398, § 2; Ga. L. 2018, p. 953, § 1/HB 205.)

The 2018 amendment, effective May 8, 2018, substituted "; and" for a period at the end of paragraph (5) and added paragraph (6).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gas and Oil, §§ 148, 149.

C.J.S.

- 58 C.J.S., Mines and Minerals, § 401 et seq.

ALR.

- Prohibiting or regulating removal or exploitation of oil and gas, minerals, soil, or other natural products within municipal limits, 10 A.L.R.3d 1226.

Meaning of "paying quantities" in oil and gas lease, 43 A.L.R.3d 8.

12-4-44. Authority to adopt and promulgate rules and regulations.

  1. The board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under this part. Such rules and regulations shall include, but shall not be limited to, rules and regulations for the following purposes:
    1. To require the drilling, casing, and plugging of wells regulated under this part to be done in such a manner as to prevent the escape of oil or gas out of one stratum into another stratum; to prevent the pollution of fresh surface-water and ground-water supplies by oil, gas, salt water, or other contaminants; and to require reasonable bonds;
    2. To require the making of reports showing the location of all wells regulated under this part, including the filing of drill cutting samples, cores, and copies of all logs, and to further require that the operator submit the name classification used for each of the subsurface formations penetrated and the depth at which each such formation was penetrated;
    3. To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities and to prevent the premature and irregular encroachment of water which reduces the total ultimate recovery of oil or gas from any pool;
    4. To require the operation of wells regulated under this part with efficient gas-oil ratios and to fix such ratios;
    5. To prevent "blowouts," "caving," and "seepage" in the sense that conditions indicated by such terms are generally understood in the oil and gas business;
    6. To prevent fires, waste, and spillage as same relates to any activity regulated by the provisions of this part;
    7. To identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants, structures, and all storage and transportation equipment and facilities;
    8. To regulate the "shooting," perforating, fracturing, hydraulic fracturing, and chemical treatment of wells;
    9. To regulate secondary recovery methods, including, but not limited to, the introduction of gas, oil, water, or other substances into producing formations;
    10. To limit and prorate the production of oil or gas, or both, from any pool or field for the prevention of waste as defined in Code Section 12-4-42;
    11. To require, either generally or in or