08 LC
25 5211S
House
Bill 649 (COMMITTEE SUBSTITUTE)
By:
Representatives Smith of the
168th,
Williams of the
178th,
Lane of the
167th,
Sims of the
169th,
Shaw of the
176th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia
Annotated, relating to agricultural commodity commissions generally, so as to
change certain provisions relating to established agricultural commodity
commissions and ratification, contributions, and balloting relating thereto; to
provide for an Agricultural Commodity Commission for Blueberries; to change
certain provisions relating to agricultural commodity commission composition,
appointments, terms of office, and compensation and certification of membership
to Secretary of State, advisory boards, special committees, personnel, legal
representation, eligibility of federation or organization members, acceptance of
donations, voting, and termination; to provide for appointment of commodity
commission members; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to
agricultural commodity commissions generally, is amended by revising Code
Section 2-8-13, relating to established agricultural commodity commissions and
ratification, contributions, and balloting relating thereto, as
follows:
"2-8-13.
(a)(1)
Each of the following commissions heretofore established pursuant to the
'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as
amended, effective from the date set forth below opposite its name, is ratified
and confirmed as a public corporation and instrumentality of the State of
Georgia from and since such date:
(A)
The Agricultural Commodity Commission for Milk established July 1,
1961;
(B)
The Agricultural Commodity Commission for Eggs established July 1,
1961;
(C)
The Agricultural Commodity Commission for Peanuts established August 1,
1961;
(D)
The Agricultural Commodity Commission for Sweet Potatoes established
August 1, 1961;
(E)
The Agricultural Commodity Commission for Peaches established May 1,
1962;
(F)
The Agricultural Commodity Commission for Tobacco established July 1,
1962;
(G)
The Agricultural Commodity Commission for Apples established August 1, 1962;
and
(H)
The Agricultural Commodity Commission for Cotton established August 1,
1965.
(2)
Each of the following entities that were formed de facto to act as commodity
commissions upon presentation by the producers of the affected agricultural
commodity of a list of nominees for appointment and on which ex officio members
elected by the House Committee on Agriculture and Consumer Affairs and the
Senate Agriculture and Consumer Affairs Committee
served,
is ratified and confirmed as a public corporation and instrumentality of the
State of Georgia from and since such date:
(A)
The Agricultural Commodity Commission for Soybeans established September 1,
1971;
(B)
The Agricultural Commodity Commission for Canola established June 24,
1994;
(C)
The Agricultural Commodity Commission for Pecans established June 24,
1994;
(D)
The Agricultural Commodity Commission for Corn established March 24, 1995;
and
(E)
The Agricultural Commodity Commission for Vegetables established June 19,
2006.
(3)
There shall be an Agricultural Commodity Commission for Blueberries established
on the effective date of this paragraph.
(b)(1)
All actions taken by each of the commissions enumerated in paragraph (1) of
subsection (a) of this Code section prior to July 1, 1969, pursuant to terms of
Ga. L. 1961, p. 301, as amended, are ratified; and all funds received by each of
the commissions after the effective date shown opposite its name and prior to
July 1, 1969, are determined to have been voluntarily contributed pursuant to
subsection (h) of Code Section 2-8-14 and to constitute trust funds of such
commission as provided in Code Section 2-8-17. Each of such commissions shall,
from and after July 1, 1969, be organized and constituted, have corporate
existence, and possess powers and duties as stated in this article and shall be
governed and controlled by this article; provided, however, that any contract
obligation or other undertaking entered into or incurred by or in behalf of any
such commission prior to July 1, 1969, shall be valid and binding if authorized
by Ga. L. 1961, p. 301, as amended.
(2)
All actions taken by each of the commissions enumerated in paragraph (2) of
subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of
Ga. L. 1969, p. 763, as amended, or this article are ratified; and all
funds received by each of the commissions on or after the effective date shown
opposite its name and prior to May 11, 2007, are determined to have been
voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14
and to constitute trust funds of such commission as provided in Code Section
2-8-17. Each of such commissions shall, from and after May 11, 2007, be
organized and constituted, have corporate existence, and possess powers and
duties as stated in this article and shall be governed and controlled by this
article; provided, however, that any contract obligation or other undertaking
entered into or incurred by or in behalf of any such commission prior to May 11,
2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as
amended, or this article.
(c)(1)
Prior to April 30, 1971, and each three years thereafter, balloting shall be
conducted in accordance with Code Section 2-8-23 to determine whether any
existing commission listed in paragraph (1) of subsection (a) of this Code
section shall continue to exist and operate under this article.
(2)
Prior to April 30, 2009, and each three years thereafter, balloting shall be
conducted in accordance with Code Section 2-8-23 to determine whether any
existing commission listed in paragraph (2) of subsection (a) of this Code
section shall continue to exist and operate under this article.
(3)
Prior to April 30, 2010, and each three years thereafter, balloting shall be
conducted in accordance with Code Section 2-8-23 to determine whether any
existing commission listed in paragraph (3) of subsection (a) of this Code
section shall continue to exist and operate under this
article."
SECTION
2.
Said
article is further amended by revising subsection (b) of Code Section 2-8-14,
relating to agricultural commodity commission composition, appointments, terms
of office, and compensation and certification of membership to Secretary of
State, advisory boards, special committees, personnel, legal representation,
eligibility of federation or organization members, acceptance of donations,
voting, and termination, as follows:
"(b)
The initial
two members elected by the agriculture committees of the General Assembly shall
be elected to take office for a term beginning on July 1, 1980, and ending upon
the election of their successors during the regular 1982 session of the General
Assembly. Their successors shall be elected during the 1982 regular session of
the General Assembly; and thereafter future
successors
Members
elected by the agriculture committees of the General
Assembly shall be elected
during each
regular session of the General Assembly
convening in even-numbered years. Such
members shall be selected so that one member is from the northern part of
Georgia and one member is from the southern
part;
provided, however, that such geographical requirements shall not apply to such
members of the Agricultural Commodity Commission for
Blueberries. For purposes of this
selection the northern part of Georgia shall be that area north of and including
Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson,
Talbot, and Muscogee counties; and the southern part shall be that area south of
such counties. The
chairmen
chairpersons
of the Senate and House committees shall by agreement determine which committee
will
shall
choose the member from the northern part and which committee
will
shall
choose the member from the southern part. Such members shall serve from the
date of their election until the election of their
successors."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.