07 LC
25 4741
Senate
Bill 165
By:
Senator Bulloch of the 11th
AS
PASSED
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 ratification of commissions, governance by
said chapter, and balloting to determine continued existence; 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 ratification of commissions, governance by said
chapter, and balloting to determine continued existence, 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.
(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 the effective date of this
paragraph 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 the effective date of this
paragraph 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 the effective date of this paragraph, 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 the effective date of
this paragraph 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."
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.