06 LC 25
4374/AP
House
Bill 1404 (AS PASSED HOUSE AND SENATE)
By:
Representatives McCall of the
30th,
Roberts of the
154th,
and Crawford of the
127th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia
Annotated, relating to
farmerś
markets, so as to change certain provisions relating to authority of the
Commissioner of Agriculture to provide for safety and security at
farmerś
markets; to provide for law enforcement on the premises of
farmerś
markets; 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 10 of Title 2 of the Official Code of Georgia Annotated, relating
to
farmerś
markets, is amended by striking Code Section 2-10-57, relating to authority of
the Commissioner of Agriculture to provide for safety and security at
farmerś
markets, and inserting in lieu thereof the following:
"2-10-57.
(a)
The Commissioner is authorized to provide for safety and security at the
farmerś
markets and to make such rules and regulations as are necessary for this
purpose. The
Commissioner is vested with police powers to enforce this article, rules and
regulations promulgated pursuant to this article, and all state laws that govern
and control
farmerś
markets.
(b)(1)
The Commissioner is authorized to employ, designate, deputize, and delegate to
employees of the department the authority to exercise the police powers provided
under subsection (a) of this Code section at the Atlanta State
Farmerś
Market in Forest Park. Employees who have been so designated by the Commissioner
and who have been certified by the Georgia Peace Officer Standards and Training
Council as having successfully completed the course of training required by
Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,'
are authorized to:
(A)
Carry firearms authorized or issued by the Commissioner while in the performance
of their duties;
(B)
Exercise arrest powers;
(C)
Enforce the law and order at the
farmerś
market;
(D)
Order and escort off of the
farmerś
market those persons who are in trespass and remain in trespass by selling
produce or other products without a current license or who are otherwise in
violation of this article or rules and regulations promulgated pursuant to this
article;
(E)
Serve and execute warrants;
(F)
Authorize to be towed vehicles that;
(i)
Park in designated fire lanes; or
(ii)
Are not properly licensed under state law or the law of the state of
registration and remain parked on the
farmerś
market without authorization; and
(G)
Enter upon and inspect all property owned, leased, rented, controlled, or used
at the
farmerś
market by persons who hold or have applied for licenses under this article for
the purpose of determining compliance with the provisions of this article and
other laws the administration or enforcement of which is the responsibility of
the Commissioner.
(2)
From funds appropriated or available to the department, the Commissioner is
authorized to provide motor vehicles, uniforms, firearms, and any other
equipment and supplies needed by employees of the department to carry out this
subsection.
(c)
This Code section shall not repeal, supersede, alter, or affect the power of any
other law enforcement officer of this state or of any county, municipality, or
other political subdivision of this state to enforce the laws of this state on
the premises of
farmerś
markets. At the request of the Commissioner, it shall be the duty of all state,
county, municipal, and other law enforcement officers in this state to enforce
and to assist the Commissioner and the employees and agents of the department in
the enforcement of this
article."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.