09
LC 25 5359
Senate
Bill 43
By:
Senator Bulloch of the 11th
AS PASSED
AS PASSED
AN
ACT
To amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to
boll weevil eradication, is amended by revising paragraph (4.1) of Code Section
2-7-152, relating to definitions, as follows:
"(4.1)
'First handler' means that person who owns or operates the gin where cotton is
first delivered from the cotton grower."
SECTION
2.
Said
article is further amended by revising paragraphs (3) and (7) of Code Section
2-7-156, relating to the assessment for suppression and eradication programs and
conditions of assessments, as follows:
"(3)
When the assessment is imposed on a per bale basis, it shall be the duty of each
first handler of cotton from cotton growers in this state to collect the
assessments imposed pursuant to this article on such cotton, to file reports on
forms prescribed by the Commissioner listing such sales and the name of the
grower, and to remit the amounts so imposed and collected to the Commissioner
within 30 days of the date of purchase of the cotton;"
"(7)
In addition to the lien provided in paragraph (6) of this Code section, the
Commissioner shall have a special lien on cotton for payment of assessments
which shall be superior to any other lien provided by law, shall arise as of the
time the assessments become due and payable, and shall cover all cotton grown by
or ginned from the cotton grower from the date the lien arises until such
assessments are paid; provided, however, that any buyers of cotton shall take
free of such lien if such buyer has not received written notice of the lien from
the Commissioner. Such lien extends to the proceeds of sale received by the
person who originally bought the cotton from the grower. Notice may be provided
by tagging the cotton as being subject to a delinquency or by documentation in
the sales agreement indicating that the cotton is subject to a delinquency. The
Commissioner or the Commissioner's authorized representative is authorized and
empowered to so tag the cotton wherever found. In order to enforce such liens,
the Commissioner is authorized to issue an execution for the collection of
delinquent assessments due the Commissioner. The execution shall be directed to
all and singular sheriffs of this state and shall command them to levy upon the
cotton of the cotton grower or notified initial buyer; provided, however, that
the Commissioner shall be authorized to levy and collect his or her own
executions. Each sheriff or the Commissioner or the Commissioner's authorized
representative shall execute the execution as in cases of writs of execution
from the superior courts. The Commissioner or the Commissioner's authorized
representative may levy and conduct judicial sales in the manner provided by law
for sales by sheriffs and constables. The special lien on cotton may also be
enforced by a foreclosure action or action at law, as appropriate, brought by
the Commissioner in the superior court of the county of residence of the person
who originally bought the cotton from the grower. A buyer of cotton other than a
person buying cotton from the grower takes free of the lien created by this
paragraph."
SECTION
3.
Said
article is further amended by revising subsection (b) of Code Section 2-7-158,
relating to penalties, as follows:
"(b)
Any cotton grower or the first handler of cotton from a cotton grower who fails
to pay any assessment levied under this article when due and upon reasonable
notice shall be subject to a penalty of not more than $25.00 per acre or $12.50
per bale, such amount to be established by the Commissioner upon recommendation
of the board of directors of the cotton growers'
organization."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.