05 LC
25 3939
House
Bill 422
By:
Representatives Houston of the
170th,
McCall of the
30th,
Black of the
174th,
Roberts of the
154th,
and Ray of the
136th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia
Annotated, relating to general provisions relative to dealers in agricultural
products, so as to change certain provisions relating to bond requirements for
dealers in agricultural products; to change certain provisions relating to
penalties relative to dealers in agricultural products; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to
general provisions relative to dealers in agricultural products, is amended by
striking Code Section 2-9-5, relating to bond requirements for dealers in
agricultural products, and inserting in lieu thereof the following:
"2-9-5.
Before
any license is issued the applicant shall make and deliver to the Commissioner a
surety bond executed by a surety corporation authorized to transact business in
this state and approved by the Commissioner. Any and all bond applications shall
be accompanied by a certificate of 'good standing' issued by the Commissioner of
Insurance. If any company issuing a bond shall be removed from doing business in
this state, it shall be the duty of the Commissioner of Insurance to notify the
Commissioner of Agriculture within 30 days. The bond shall be in such amount as
the Commissioner may
determine,
not exceeding an amount equal to the maximum amount of products purchased from
or sold for Georgia producers or estimated to be purchased or sold in any month
by the applicant or in the case of cotton not to exceed
$150,000.00
but not less
than $250,000.00. Such bond shall be upon
a form prescribed or approved by the Commissioner and shall be conditioned to
secure the faithful accounting for and payment to producers or their agents or
representatives of the proceeds of all agricultural products handled or sold by
such dealer. However, in lieu of a surety bond, the Commissioner may accept a
cash bond, which shall in all respects be subject to the same claims and actions
as would exist against a surety bond. Whenever the Commissioner shall determine
that a previously approved bond has for any cause become insufficient, the
Commissioner may require an additional bond or bonds to be given, conforming
with the requirements of this Code section. Unless the additional bond or bonds
are given within the time fixed by written demand therefor, or if the bond of a
dealer is canceled, the license of such person shall be immediately revoked by
operation of law without notice or
hearing."
SECTION
2.
Said
article is further amended by striking Code Section 2-9-16, relating to
penalties relative to dealers in agricultural products, and inserting in lieu
thereof the following:
"2-9-16.
(a)
Any dealer in agricultural products who violates any of the provisions of this
article or who interferes with an agent of the Commissioner in the enforcement
of this article shall be guilty of a
misdemeanor,
except as otherwise provided by subsection (b) of this Code
section.
(b)
Any person who violates Code Section 2-9-2 shall be guilty of a felony and upon
conviction thereof shall be punished by imprisonment for not less than one nor
more than five years, a fine of not less than $5,000.00 nor more than
$10,000.00, or both such fine and
imprisonment."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.