Short title

This chapter may be cited as the ‘‘Georgia Seed Development Act.’’ History. — Ga. L. 1959, p. 83, § 1. 2-4-2. Seed Development Commission — Creation; corporate powers. (a) As used in this chapter, the term ‘‘commission’’ means the Georgia Seed Development Commission. (b) There is created a body corporate and politic and an instrumentality and public corporation of this state, to be known as the Georgia Seed Development Commission. It shall have perpetual existence. In such name, it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. (c) The commission is assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3. 206 2-4-3 History. — Ga. L. 1959, p. 83, § 2; Ga. L. 1972, p. 1015, § 508. 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) 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; (2) 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; (3) 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; (4) The Commissioner of Agriculture; (5) 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; (6) 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; (7) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; 207 2-4-3 (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) 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. (c) The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each even-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. History. — Ga. L. 1959, p. 83, § 3; Ga. L. 1980, p. 348, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1995, p. 10, § 2; Ga. L. 2008, p. 309, § 1/SB 515; Ga. L. 2016, p. 742, § 1/HB 1030. 208 2-4-4 2-4-4. Seed Development Commission — Powers and duties generally. The commission shall have, in addition to any other powers conferred in this chapter, the following powers: (1) To have a seal and to alter it at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; (3) To appoint such additional officers, who need not be members of the commission, as the commission deems advisable; to employ such experts, agents, and employees as in its judgment may be necessary to carry on properly the business of the commission; to fix the compensation for such officers, experts, agents, and employees; and to promote and discharge them; (4) To make such contracts and agreements as are legitimate and necessary for the purposes of this chapter and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted by this chapter; (5) To exercise any power granted to private corporations which is not in conflict with the Constitution and laws of this state nor with other provisions of this chapter; (6) To do and perform all things necessary or convenient to carry out the powers conferred upon the commission by this chapter; (7) To promote scientific and educational objectives in connection with the production and distribution of foundation seed stocks; (8) To cooperate and contract with the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia, the Department of Agriculture of this state, the United States Department of Agriculture, and any other agency of the state or federal government in making foundation seeds of superior varieties and hybrids available in adequate quantities, according to the requirements and needs of the farmers of this state; (9) To receive and to be the agent for breeder’s seed and other parent material distributed from the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia and other sources; (10) To contract for the production and promotion of foundation seed from breeder’s seed; (11) To purchase, process, and resell breeder’s and foundation seeds from contract growers, the United States Department of 209 2-4-5 Agriculture, experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia, and other breeders or from other sources, as the commission may deem necessary; (12) To use the net proceeds from the sale of seed for necessary buildings, equipment, supplies, and expenses, as directed by the commission; (13) To solicit, receive, collect, and disburse dues, funds, pledges, and other subscriptions of value in connection with carrying out the purposes of this chapter; (14) To receive real and personal property, either by gift, grant, devise, or will, and to hold and dispose of the same in carrying out the purposes of the commission; and (15) To buy, sell, and trade in all the elements necessary for the successful administration of the purposes of the commission. History. — Ga. L. 1959, p. 83, § 5; Ga. L. 1995, p. 10, § 2.