PocketLaw | Georgia Code | Composition; Appointments, Terms of Office,

Composition; Appointments, Terms of Office, and Compensation; Certification; Advisory Boards, Special Committees, and Personnel; Legal Representation; Acceptance of Donations; Voting; Termination

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Each commission shall be composed of:
1. The Commissioner of Agriculture, or his or her designee, except as to the Agricultural Commodity Commission for Peanuts as created by Article 3 of this chapter, ex officio;
2. The president of the Georgia Farm Bureau Federation, ex officio;
3. One member, to serve as an ex officio member of all commissions, elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly;
4. One member, to serve as an ex officio member of all commissions, elected by the Agriculture and Consumer Affairs Committee of the House of Representatives with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; and
5. Except as otherwise provided in subsection (c.1) of this Code section, five additional members, who shall be producers of the affected agricultural commodity, to be appointed by the ex officio members of the commission; provided, however, that such additional membership of the Agricultural Commodity Commission for Beef shall consist of three beef cattle farmers, one dairy farmer, and one individual involved in the marketing of cattle; and provided, further, that for the Agricultural Commodity Commission for Cotton, the number of additional members appointed pursuant to this paragraph shall be seven. For the purposes of the appointment of such additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members.
Except as otherwise provided in subsection (c.1) of this Code section, members elected by the agriculture committees of the General Assembly shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee shall choose the member from the northern part and which committee shall choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors.
Except as otherwise provided in subsection (c.1) of this Code section, the appointment of additional members of the commission by the ex officio members thereof, as provided in this Code section, shall be made by them from a list of nominees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making their determination shall make the appointments in accordance with such determination. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointed member shall be eligible for reappointment provided he or she is nominated as provided in subsection (b) of this Code section.
1. The ex officio members who are state officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his duties. Each such ex officio member who is a state officer may designate a representative of his department to act for him in performing any duties under this article.
2. The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government.
3. The appointed members of the commission and the president of the Georgia Farm Bureau Federation shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission.
It shall be the duty of the Commissioner to certify to the Secretary of State the membership of each commission and each change in membership as the same occurs.
Each commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. The Attorney General shall represent each commission in legal matters and shall be the attorney for each commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the particular commission involved and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.
Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of any commission administering this article with respect to any agricultural commodity produced by such federation or organization or handled by it for its members who produce it.
Each commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. Each commission may exercise the powers and authority conferred by law upon corporations.
The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, as members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission and upon the selection and nomination of the appointed members of each commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission.
Each commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.

(c.1) (1)The Agricultural Commodity Commission for Wine and Grapes shall also be composed of:

Two members, who shall be producers of wine, appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes. Said members shall serve initial terms of two years and subsequent terms of three years from the effective date of their appointment and until their successors are appointed and qualified;

One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Banks, Bartow, Catoosa, Chattooga, Cherokee, Dade, Dawson, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, or Whitfield. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified;

One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Baldwin, Barrow, Bibb, Bleckley, Bulloch, Burke, Butts, Candler, Carroll, Chattahoochee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford, DeKalb, Douglas, Effingham, Emanuel, Fayette, Fulton, Glascock, Greene, Gwinnett, Hancock, Haralson, Harris, Heard, Henry, Houston, Jasper, Jefferson, Jenkins, Johnson, Jones, Lamar, Laurens, Lincoln, Macon, Marion, McDuffie, Meriwether, Monroe, Morgan, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pike, Polk, Putnam, Richmond, Rockdale, Schley, Screven, Spalding, Talbot, Taliaferro, Taylor, Treutlen, Troup, Twiggs, Upson, Walton, Warren, Washington, Wilkes, or Wilkinson. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified; and

One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Appling, Atkinson, Bacon, Baker, Ben Hill, Berrien, Brantley, Brooks, Bryan, Calhoun, Camden, Charlton, Chatham, Clay, Clinch, Coffee, Colquitt, Cook, Crisp, Decatur, Dodge, Dooly, Dougherty, Early, Echols, Evans, Glynn, Grady, Irwin, Jeff Davis, Lanier, Lee, Liberty, Long, Lowndes, McIntosh, Miller, Mitchell, Montgomery, Pierce, Pulaski, Quitman, Randolph, Seminole, Stewart, Sumter, Tattnall, Telfair, Terrell, Thomas, Tift, Toombs, Turner, Ware, Wayne, Webster, Wheeler, Wilcox, or Worth. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified.

Vacancies shall be filled by appointment by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointed member shall be eligible for reappointment provided he or she is nominated as provided in this Code section.

(Ga. L. 1961, p. 301, §§ 9, 10; Ga. L. 1964, p. 141, § 1; Ga. L. 1968, p. 398, § 3; Ga. L. 1969, p. 763, §§ 10, 11; Ga. L. 1970, p. 86, § 1; Ga. L. 1980, p. 568, §§ 1-3; Ga. L. 1981, p. 692, § 1; Ga. L. 1982, p. 3, § 2; Code 1981, §2-8-6; Code 1981, §2-8-14, as redesignated by Ga. L. 1989, p. 1420, § 1; Ga. L. 2008, p. 311, § 2/HB 649; Ga. L. 2009, p. 303, § 1/HB 117; Ga. L. 2013, p. 65, § 3/SB 97; Ga. L. 2013, p. 74, § 3/HB 298; Ga. L. 2017, p. 774, § 2/HB 323; Ga. L. 2019, p. 314, § 1/HB 332; Ga. L. 2020, p. 611, § 3/HB 1093.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "appointed member" for "appointive member" in subsection (c) and substituted "appointed members" for "appointive members" in paragraph (d)(3) and subsection (i).

The 2019 amendment, effective July 1, 2019, inserted "or his or her designee, except as to the Agricultural Commodity Commission for Peanuts as created by Article 3 of this chapter," in paragraph (a)(1).

The 2020 amendment, effective August 3, 2020, substituted "Except as otherwise provided in subsection (c.1) of this Code section, five" for "Five" at the beginning of paragraph (a)(5); substituted "Except as otherwise provided in subsection (c.1) of this Code section, members" for "Members" at the beginning of subsection (b); and, in subsection (c), substituted "Except as otherwise provided in subsection (c.1) of this Code section, the" for "The" at the beginning of and inserted "or she" at the end of the last sentence; and added subsection (c.1).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2013, "and provided, further," was substituted for "provided, however," near the middle of the first sentence of paragraph (a)(5).

Editor's notes.

- Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."

Law reviews.

- For article, "Agricultural Commodities Promotion," see 30 Ga. St. U. L. Rev. 1 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Election of officers is matter "pertaining to the organization" of commodity commissions within the meaning of this section. 1970 Op. Att'y Gen. No. 70-9.

Participation in appointment of producer members.

- All ex-officio members of the commissions shall participate by vote in the appointment of the five producer members of each commission. 1977 Op. Att'y Gen. No. 77-22.

Transacting business by conducting telephone poll of members prohibited.

- An agricultural commodity commission may not transact business by conducting a telephone poll of commission members. 1970 Op. Att'y Gen. No. 70-122. (Modified by 1985 Op. Att'y Gen. 85-26).

Applicability of Workers' Compensation Act.

- The fact that the various agricultural commodity commission members receive a salary which they themselves establish out of commission monies creates no employment relationship within the purview of the Workers' Compensation Act, either with the particular commission or the State of Georgia. 1973 Op. Att'y Gen. No. 73-68.

Nonpaid "beauty queens" of commissions are not subject to Workers' Compensation Act under any circumstance; however, the Peach Queen, who receives a per diem salary, would be covered by the Workers' Compensation Act, provided that the Act's various criteria are met. 1973 Op. Att'y Gen. No. 73-68.

Commissions permitted to participate in employees' insurance and pension plans.

- In fixing the compensation for services of employees, the commissions may participate in or provide health insurance and pension plan coverage for their employees. 1972 Op. Att'y Gen. No. 72-78.

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