08 LC
25 5192S
The
House Committee on Agriculture and Consumer Affairs offers the following
substitute to SB 429:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for enforcement of state laws pertaining to functions assigned to the
Department of Agriculture; to provide for certain other enforcement powers of
department employees; 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
all state laws
pertaining to functions assigned to the
department and the rules and regulations
adopted pursuant
to this
chapter
thereto.
(b)
The Commissioner
is
shall
be authorized to employ, designate,
and
deputize,
investigators
in support of the department´s homeland security duties consistent with
statutory authority and
to
delegate to
such
employees of the department the necessary authority to enforce
this
chapter
all state laws
pertaining to functions assigned to the
department and the rules and regulations
adopted pursuant
to this
chapter
thereto. The
first priority of such investigators shall be to investigate potential threats,
if any, to homeland security if and when such investigations are otherwise
authorized under this subsection.
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 enforce all state laws pertaining to functions assigned to the department,
including but not limited to the following powers:
(2)(A)
To inspect
any
livestock found within this state
plants,
animals, products, or facilities when the same are subject to regulation by the
department;
(3)(B)
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;
and
(4)(C)
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;
(3)
To enforce all state laws on all property owned or controlled by the department;
provided, however, that the department´s exercise of police powers at the
Atlanta State Farmers´ Market in Forest Park shall be as provided by Code
Section 2-10-57;
(4)
To enforce any state law when the violation of that law is committed in
conjunction with a violation of a state law pertaining to functions assigned to
the department;
(5)
To assist any state law enforcement agency when ordered to do so by the Governor
or to protect any life or property when the circumstances demand
action;
(6)
To assist, at the expense of the department, the Georgia Office of Homeland
Security of the Georgia Emergency Management Agency in carrying out the duties
and responsibilities of that office when requested to do so by that office;
and
(5)(7)
To arrest any person found to be in violation of
this
chapter
any state law,
the enforcement of which is authorized by paragraphs (2) through (6) of this
subsection, when such violation is a criminal
offense.
(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
state laws
pertaining to functions assigned to the
department. 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
state laws
pertaining to functions assigned to the
department."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.