Title 2, Chapter 8, Section 14
( 2-8-14)
(a) Each commission shall be composed of: (1) The Commissioner of Agriculture, 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 Agriculture Committee of the Senate
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) Five additional members, who shall be producers of the
affected agricultural commodity, to be appointed by the ex officio
members of the commission; for the purposes of the appointment of
such five 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. (b) The initial two members elected by the agriculture committees of
the General Assembly shall be elected to take office for a term
beginning on July 1, 1980, and ending upon the election of their
successors during the regular 1982 session of the General Assembly.
Their successors shall be elected during the 1982 regular session of
the General Assembly; and thereafter future successors 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 chairmen of the Senate and
House committees shall by agreement determine which committee will
choose the member from the northern part and which committee will
choose the member from the southern part. Such members shall serve
from the date of their election until the election of their
successors. (c) 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 appointive member shall be eligible for
reappointment provided he is nominated as provided in subsection (b)
of this Code section. (d)(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 appointive 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. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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 appointive 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. (j) Each commission shall continue as a public corporation and
instrumentality of the State of Georgia until abolished by law or
until terminated by referendum. |