2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 4 - GEORGIA SEED DEVELOPMENT COMMISSION (§§ 2-4-1 — 2-4-10) › Section 2-4-3 - Seed Development Commission - Composition; officers; bylaws; quorum; compensation; records; audit; bonds

(a)
As used in this Code section, the term "licensee" means the designee of a holder of a license authorizing the production, conditioning, propagation, or marketing of crops, seed, turfgrass, or horticultural plants developed by the College of Agricultural and Environmental Sciences of the University of Georgia, where such license grants rights to intellectual property owned by the University of Georgia or a formally designated cooperative organization thereof.
(b)
The commission shall be composed of the following 11 members:
(1)
(A)
Two members to be appointed by the Governor, each of whom shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants.
(B)
No later than May 31, 2021, the Governor shall appoint two members as provided for in subparagraph (A) of this paragraph whose terms shall begin on July 1, 2021, and such members and their successors shall serve terms of four years. The terms of the members appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date;
(2)
(A)
One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Lieutenant Governor.
(B)
No later than May 31, 2021, the Lieutenant Governor shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2021, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2026, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date;
(3)
(A)
One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Speaker of the House of Representatives.
(B)
No later than May 31, 2021, the Speaker of the House of Representatives shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2021, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2026, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date;
(4)
The Commissioner of Agriculture or his or her designee;
(5)
(A)
Two representatives of the crop, seed, turfgrass, or horticultural plant industry or of farm related organizations, one of whom shall be appointed by the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be appointed by the House Committee on Agriculture and Consumer Affairs. Such representatives shall be licensees or shall otherwise have knowledge of the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants. Each committee shall make its appointment with a quorum present and a majority of those present concurring.
(B)
No later than May 31, 2022, two members shall be appointed as provided for in subparagraph (A) of this paragraph whose terms shall begin on July 1, 2022, and such members shall serve a single term of six years. The successors to the two members whose terms end on June 30, 2028, shall serve terms of four years that begin on July 1 of the year of their appointment. The terms of the members appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date;
(6)
(A)
One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Commissioner of Agriculture.
(B)
No later than May 31, 2022, the Commissioner of Agriculture shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2022, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2027, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date;
(7)
The dean of the College of Agricultural and Environmental Sciences of the University of Georgia;
(8)
The associate dean for research of the College of Agricultural and Environmental Sciences of the University of Georgia, as a nonvoting member; and
(9)
(A)
An additional nonvoting member who is a crop, seed, turfgrass, or horticultural plant breeder employed by the College of Agricultural and Environmental Sciences of the University of Georgia, appointed by the dean of the College of Agricultural and Environmental Sciences of the University of Georgia, after consultation with the commission.
(B)
No later than May 31, 2022, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2022, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2027, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date.
(c)
The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each odd-numbered year at the meeting next following July 1 of such year, at which time the commission shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so.
(d)
Five voting members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this chapter. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission.
(e)
The members shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties.
(f)
Members of the commission shall be accountable as trustees. They shall cause adequate books and records of all transactions of the commission, including records of income and disbursements of every nature, to be kept. The books and records shall be inspected and audited by the state auditor at least once in each year. The commission may require that an employee, an officer, member of the commission, or any person doing business with the commission post a bond, in an amount to be determined by the commission, for the faithful performance of the duties imposed upon such employee, officer, member of the commission, or person doing business with the commission. The principal of such bond of an officer, employee, or member of the commission shall be paid by the commission.
Amended by 2020 Ga. Laws 499,§ 1, eff. 1/1/2021.
Amended by 2016 Ga. Laws 555,§ 1, eff. 7/1/2016.
Amended by 2008 Ga. Laws 465,§ 1, eff. 7/1/2008.