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03 LC 25 2812
House Bill
174
By: Representatives Ray of the 108th, Black of the 144th, James of the 114th, Purcell of the 122nd and Greene of the 134th
By: Representatives Ray of the 108th, Black of the 144th, James of the 114th, Purcell of the 122nd and Greene of the 134th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 2-8-63 of the Official Code of Georgia
Annotated, relating to the finding of assent or approval of peanut producers
required for a marketing order to become effective, commission authorization to
issue order regulating peanuts, amendments, notice, rules and regulations, and
expiration and extension of orders, so as to change certain provisions relating
to finding of assent or approval of peanut producers required for marketing
order to become effective, commission authorization to issue order regulating
peanuts, amendments, notice, rules and regulations, and expiration and extension
of orders, so as to change certain provisions relating to approval of extension
of marketing orders by peanut producers in a referendum; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 2-8-63 of the Official Code of Georgia
Annotated, relating to the finding of assent or approval of peanut producers
required for a marketing order to become effective, commission authorization to
issue order regulating peanuts, amendments, notice, rules and regulations, and
expiration and extension of orders, is amended by striking subsections (h) and
(i) and inserting in lieu thereof the
following:
"(h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration:
(1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected ifat least 66 2/3 percent a majority
of the votes cast in such referendum favor the extension of such marketing
order.
(i) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order isnot less than 66 2/3 percent a
majority of the total number of ballots cast, then such marketing order
shall be extended for a period of three years after the expiration date. If it
is found from the tabulation of such referendum that the number of producers who
had voted in favor of the extension of such marketing order is less than
the required 66 2/3 percent not a majority of the total number
of ballots cast, then the marketing order shall expire, terminate, and be of no
force and effect as provided in subsection (g) of this Code
section."
"(h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration:
(1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected if
(i) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order is
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.