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GeorgiaSB 782025-2026 Regular SessionSenate

"City of Tybee Island Buildings and Public Facilities Authority Act"; enact

Sponsored By: Clint Dixon (Republican), Billy Hickman (Republican), Derek Mallow (Democrat), Ben Watson (Republican)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Georgia tax breaks for Tybee bondholders

The authority can issue revenue bonds to finance facilities or refinance existing bonds, backed by pledged authority rents and revenues. The bonds and income from them are exempt from Georgia taxes; this law does not establish a federal exemption. Bond proceeds, rents, fees, earnings, grants, and gifts are trust funds, with claims protecting entitled bondholders until proper use. Bond documents can require reserves, insurance, and debt limits; investors can enforce payment terms and seek court-appointed management after default. The law protects outstanding bondholders against changes that weaken the authority or its promises. Bonds require validation under Georgia law, and Chatham County Superior Court exclusively handles validation and enforcement cases. Validation requires notice to the authority and contracting parties whose payments secure bonds; failing to contest can establish binding validity.

City Council appoints Tybee authority leaders

Tybee Island’s City Council appoints five authority members, with no more than two also serving on the Council. Non-council members generally serve three years; initial terms are one, two, and, where applicable, three years. Council members serve for the length of their Council terms, and members can be appointed again. Members receive no pay but can receive repayment for necessary actual expenses. The authority is a state-created public body, not a state agency, and is exempt from Georgia’s state financing commission law.

Tybee bonds carry no government guarantee

Authority bonds must state that Georgia and Tybee Island do not guarantee repayment. Issuing bonds does not require either government to levy or pledge taxes to pay them. Bondholders cannot force repayment from state or city property, and bonds create no claim against that property. Separately, general law limits the authority’s exemptions from taxes and assessments on its property and rental or fee income. Sales and use taxes still apply to purchases by or for the authority.

Limits on claims against Tybee’s authority

The authority has the same legal immunity from injury and negligence claims as Tybee Island. Its officers, agents, and employees receive the same protection as city workers when doing authority work. Creditors generally cannot seize and sell authority property through legal proceedings, except as allowed by bond promises. The authority can still be sued like a private company over its contracts.

Tybee gains public facility building powers

The law creates an authority to build, buy, improve, operate, lease, sell, or mortgage facilities serving Tybee Island. Projects must stay within the city’s current or future limits; the authority can accept grants, gifts, and loans. It can charge rents and fees covering upkeep, insurance, debt payments, financing costs, and reserves. Leases can require payment before completion or while facilities are unusable, plus tenant upkeep, repairs, and protection against authority losses. After dissolution and full payment of bond principal and interest, its property must go to the city. Earlier transfers are allowed under bond documents; all transfers remain subject to existing liens, leases, and other claims.

Sponsors & Cosponsors

Sponsors

  • Clint Dixon

    Republican • Senate

  • Billy Hickman

    Republican • Senate

  • Derek Mallow

    Democrat • Senate

  • Ben Watson

    Republican • Senate

Cosponsors

  • Jesse Petrea

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

House vote • 3/4/2025

Local Calendar

Yes: 172 • No: 0 • Other: 6

Senate vote • 2/11/2025

LOCAL CONSENT CALENDAR

Yes: 49 • No: 0 • Other: 5

Actions Timeline

  1. Senate Date Signed by Governor

    5/1/2025Senate

  2. Act 53

    5/1/2025

  3. Effective Date

    5/1/2025

  4. Senate Sent to Governor

    4/7/2025Senate

  5. House Committee Favorably Reported

    3/4/2025House

  6. House Third Readers

    3/4/2025House

  7. House Passed/Adopted

    3/4/2025House

  8. House Second Readers

    2/13/2025House

  9. House First Readers

    2/12/2025House

  10. Senate Committee Favorably Reported

    2/11/2025Senate

  11. Senate Passed/Adopted

    2/11/2025Senate

  12. Senate Read and Referred

    2/4/2025Senate

  13. Senate Hopper

    2/3/2025Senate

Bill Text

  • SB 78/AP* (v5)

    PDF

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