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2018 Georgia Code 12-6-22.1 | Car Wreck Lawyer

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

ARTICLE 1 FOREST RESOURCES

12-6-22.1. Control of aviation; power of commission.

    1. The commission shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the commission, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the commission and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft.
    2. All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the commission.
    3. Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the commission to the authority shall be transferred back to the commission on July 1, 2012, and shall no longer be under the administration or direction of the authority.
    4. All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the commission and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the commission as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the commission on such date.
    5. The commission shall be responsible for providing aviation services in support of the mission of the commission. The commission shall be authorized to dispose of any state aircraft assigned to the commission and apply the proceeds derived therefrom to the purchase of replacement aviation assets.
  1. The commission shall have the power to:
    1. Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;
    2. Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations;
    3. Develop operating, maintenance, safety, security, training, education, and scheduling standards for commission aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards;
    4. Develop an accountability system for commission aviation operations and activities;
    5. Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the commission and aviation operations and related facilities;
    6. In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a "civil aircraft" under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the commission shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency;
    7. Retain appropriate external consulting and auditing expertise;
    8. Engage aviation industry representatives to ensure best practices for commission aviation assets;
    9. Delegate certain powers pursuant to this article to other state entities;
    10. Otherwise implement appropriate and efficient management practices for commission aviation operations; and
    11. Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars.

(Code 1981, §12-6-22.1, enacted by Ga. L. 2012, p. 1082, § 3/SB 339.)

Effective date.

- This Code section became effective July 1, 2012.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 12-6-25, enacted by Ga. L. 2012, p. 1082, § 3/SB 339, was redesignated as Code Section 12-6-22.1.

PART 1A T IMBER HARVESTING AND REMOVAL REQUIREMENTS

12-6-23. Scale load ticket required for wood removal; form; exceptions.

  1. Any person, company, corporation, or others purchasing timber from lands in Georgia shall, within 20 days of removal of such timber, furnish the seller of timber a scale ticket for each and every load of wood removed, when such load is sold by weight, cord, or measure of board feet. A scale ticket shall include information clearly understandable to the seller as follows:
    1. Ticket number;
    2. Name and location of the person or company and its facility where the load of wood is received and weighed or measured;
    3. Date wood was received at such facility;
    4. Tract name;
    5. County and state of origin;
    6. Dealer name (if any);
    7. Producer or logging company name;
    8. Species of wood;
    9. Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;
    10. Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and
    11. Name of the person receiving, weighing, or scaling the wood.
  2. Subsection (a) of this Code section shall not apply to the following:
    1. The sale of wood for firewood only;
    2. Any landowner harvesting and processing his own timber; and
    3. Bulk or lump sum sales wherein the landowner and the purchaser agree on a total price for all of said timber purchased.
  3. Any person, company, or corporation which violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §12-6-23, enacted by Ga. L. 1985, p. 1077, § 1; Ga. L. 1986, p. 402, § 2; Ga. L. 2002, p. 1126, § 1; Ga. L. 2014, p. 695, § 3/HB 790.)

The 2014 amendment, effective July 1, 2014, substituted the present provisions of subsection (a) for the former provisions, which read: "Any person, company, corporation, or others purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be limited to, information clearly understandable to the landowner as follows:"; and substituted "such" for "said" in paragraph (a)(3).

Cross references.

- Sale of forest products, T. 2, C. 14, A. 5, P. 1.

Sale and measurement of pulpwood, sawtimber, poles, and other types of timber, § 10-2-23.

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