Creation of Authority; Administration by Agriculture Department

  1. Law
  2. Georgia Code
  3. State Government
  4. Georgia Development Authority
  5. Creation of Authority; Administration by Agriculture Department

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  1. There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairperson of the authority; the state auditor, ex officio; the commissioner of economic development, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026.
  2. A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
  3. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances.
  4. All assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom, shall be administered by the authority under the terms of such law, and the authority shall be authorized to employ agents to accomplish such administration. The authority shall not at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The authority shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets.
  5. The authority is assigned to the Department of Agriculture for administrative purposes only.

(Ga. L. 1953, Jan.-Feb. Sess., p. 337, § 2; Ga. L. 1960, p. 764, § 4; Ga. L. 1983, p. 1026, § 2; Ga. L. 1984, p. 22, § 50; Ga. L. 1984, p. 420, § 1; Ga. L. 1985, p. 149, § 50; Ga. L. 1986, p. 705, §§ 2, 3; Ga. L. 1989, p. 1641, § 15; Ga. L. 2004, p. 690, § 41.)

Editor's notes.

- Ga. L. 1989, p. 1641, which amended this Code section, provides in § 18, not codified by the General Assembly: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

U.S. Code.

- Public Law 499, Eighty-first Congress, Second Session, referred to in this Code section, was codified at 40 U.S.C. §§ 440 through 444, but has been omitted as having been executed.

OPINIONS OF THE ATTORNEY GENERAL

Invalid criterion for membership in Authority.

- Functions of the Georgia Development Authority involve the exercise of executive powers within the meaning of Ga. Const. 1976, Art. I, Sec. II, Para. IV (see Ga. Const. 1983, Art. I, Sec. II, Para. III); thus, the qualification of members for appointment by the Governor of membership in the General Assembly was invalid. 1975 Op. Att'y Gen. No. 75-142 (decided prior to 1986 amendment).


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