08 LC 25
5302S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO SB 429
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for enforcement of laws governing matters within the jurisdiction of the
Commissioner of Agriculture or the Department of Agriculture; to provide for
certain other related law enforcement powers; to amend Part 1 of Article 1 of
Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to
control of infectious or contagious diseases in livestock generally, and Chapter
2 of Title 2 of the Official Code of Georgia Annotated, relating to the
Department of Agriculture, so as to redesignate and change certain provisions
relating to enforcement of laws relating to control of infectious or contagious
diseases in livestock generally; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia
Annotated, relating to control of infectious or contagious diseases in livestock
generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated,
relating to the Department of Agriculture, are amended by redesignating and
revising Code Section 4-4-5, relating to enforcement of laws relating to control
of infectious or contagious diseases in livestock generally, as
follows:
"4-4-5
2-2-13.
(a)
The Commissioner
is
shall
be vested with police powers to enforce
this
chapter
those laws
governing matters within the jurisdiction of the Commissioner or the department
as provided by this title and Titles 4, 10, 26, and
43 and the rules and regulations adopted
pursuant to
this chapter
thereto and to
prevent, detect, and respond to acts of bioterrorism, other terroristic acts or
threats, or natural disasters affecting or potentially affecting plants,
animals, products, or facilities that are subject to regulation by the
department.
(b)
The Commissioner
is
shall
be authorized to employ, designate,
and
deputize,
investigators
and
to
delegate to
such
employees of the department the necessary authority to enforce
this
chapter
those laws
governing matters within the jurisdiction of the Commissioner or the department
as provided by this title and Titles 4, 10, 26, and
43 and the rules and regulations adopted
pursuant to
this chapter
thereto and to
prevent, detect, and respond to acts of bioterrorism, other terroristic acts or
threats, or natural disasters affecting or potentially affecting plants,
animals, products, or facilities that are subject to regulation by the
department. 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
shall
be authorized:
(1)
To carry firearms authorized or issued by the Commissioner while in the
performance of their duties;
(2)
To inspect
any
livestock found within this state
plants,
animals, products, or facilities when the same are subject to regulation by the
department;
(3)
To stop and inspect any vehicle transporting
livestock
in this state;
plants,
animals, or products when the same are subject to regulation by the
department;
(4)
To inspect and require the production of health certificates, waybills, permits,
or other documents required by federal or state laws, rules, regulations, or
orders for the transportation of
livestock
plants,
animals, or products when the same are subject to regulation by the
department;
and
(5)
To protect any life or property when the circumstances demand action;
and
(5)(6)
To arrest any person found to be in violation of
this
chapter
a criminal law
when enforcement of such law is authorized under this
subsection.
(c)
From funds appropriated or available to the department, the Commissioner
is
shall
be authorized to provide motor vehicles,
uniforms, firearms, and any other equipment and supplies needed by employees of
the department to carry out this
chapter
Code
section.
(d)
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
this chapter. At the request of the
Commissioner of Agriculture, 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
chapter
those laws
governing matters within the jurisdiction of the Commissioner or the department
as provided by this title and Titles 4, 10, 26, and
43."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.