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03 LC 25 2979
House Bill 569
By: Representatives Ray of the 108th, Floyd of the 132nd and James of the 114th
By: Representatives Ray of the 108th, Floyd of the 132nd and James of the 114th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To provide for the dedication of certain moneys for
retention and use by the Commissioner of Agriculture; to amend Article 2 of
Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to
control of pesticides, so as to change certain provisions relating to
disposition of funds; to provide for the retention and use of moneys by the
Commissioner; to amend Article 3 of Chapter 7 of Title 2 of the Official Code of
Georgia Annotated, relating to use and application of pesticides, so as to
provide for the retention and use of moneys by the Commissioner; to amend
Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated,
relating to equine diseases, so as to provide for the retention and use of
moneys by the Commissioner; to amend Article 1 of Chapter 11 of Title 4 of the
Official Code of Georgia Annotated, relating to general provisions relative to
animal protection, so as to provide for the retention and use of moneys by the
Commissioner; to amend Chapter 45 of Title 43 of the Official Code of Georgia
Annotated, relating to persons engaged in structural pest control, so as to
change certain provisions relating to civil penalties, negotiated settlements,
hearings and procedure, disposition of penalties, judicial review, and
judgments; to provide for the retention and use of moneys by the Commissioner;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 2 of the Official Code of
Georgia Annotated, relating to control of pesticides, is amended by striking
Code Section 2_7_66, relating to disposition of funds, and inserting in lieu
thereof the
following:
"2_7_66.
All
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title
45, the 'Budget Act,' moneys received by the Commissioner under this article
may be retained by him or her for the purpose of defraying the expenses of
administration of this article, provided that any surplus at the end of the
fiscal year shall be deposited into the state
treasury."
"2_7_66.
SECTION 2.
Article 3 of Chapter 7 of Title 2 of the Official Code of
Georgia Annotated, relating to use and application of pesticides, is amended by
adding a new Code section to read as
follows:
"2_7_115.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
"2_7_115.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
SECTION 3.
Article 3 of Chapter 4 of Title 4 of the Official Code of
Georgia Annotated, relating to equine diseases, is amended by adding a new Code
section to read as
follows:
"4_4_128.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
"4_4_128.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
SECTION 4.
Article 1 of Chapter 11 of Title 4 of the Official Code of
Georgia Annotated, relating to general provisions relative to animal protection,
is amended by adding a new Code section to read as
follows:
"4_11_19.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
"4_11_19.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this article may be retained by him or her for the purpose of defraying the expenses of administration of this article, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
SECTION 5.
Chapter 45 of Title 43 of the Official Code of Georgia
Annotated, relating to persons engaged in structural pest control, is amended by
striking subsection (c) of Code Section 43_45_24.1, relating to civil penalties,
negotiated settlements, hearings and procedure, disposition of penalties,
judicial review, and judgments, and inserting in lieu thereof the
following:
"(c)All civil penalties recovered by the Commissioner as provided in this
Code section shall be paid into the state treasury
Reserved."
"(c)
SECTION 6.
Said chapter is further amended by adding a new Code section
to read as
follows:
"43_45_26.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this chapter may be retained by him or her for the purpose of defraying the expenses of administration of this chapter, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
"43_45_26.
Notwithstanding the provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' moneys received by the Commissioner under this chapter may be retained by him or her for the purpose of defraying the expenses of administration of this chapter, provided that any surplus at the end of the fiscal year shall be deposited into the state treasury."
SECTION 7.
All laws and parts of laws in conflict with this Act are
repealed.