Title 2, Chapter 7, Section 155
(a) The Commissioner is authorized to certify a cotton growers'
organization for the purpose of entering into agreements with the
department, agencies of other states, the federal government, or any
other person as may be necessary to carry out the purposes of this
article. In applying to the Commissioner for certification, the
cotton growers' organization shall demonstrate that:
(1) It is a nonprofit organization within the meaning of Section
501(a) of the Internal Revenue Code (26 USC 501(a));
(2) Membership is open to all cotton growers in this state;
(3) It has only one class of members and each member has only one
(4) Its board of directors consists of six cotton growers elected
by the membership and one employee of the department;
(5) All books and records of account and minutes of proceedings of
the organization are available for inspection or audit by the
Commissioner upon request at any reasonable time; and
(6) Any employee or agent of the organization who handles its
funds is adequately bonded.
(b) If the Commissioner finds that the growers' organization meets
the requirements set forth in subsection (a) of this Code section,
he shall certify the organization, in writing, for the purposes of
this article only, and such certification shall not affect any other
organization of cotton growers established for other purposes. The
Commissioner is authorized to revoke such certification if at any
time the organization fails to meet the certification requirements
or the purposes of this article.
(c)(1) The certified cotton growers' organization:
(A) Shall be a public corporation and may contract and be
contracted with, implead and be impleaded, and complain and
defend in all courts; and
(B) Shall be governed by a board of directors which shall name
its chairman, vice chairman, and secretary and determine a
quorum for the transaction of its business.
(2) The certified cotton growers' organization is authorized to
appoint advisory boards, special committees, legal counsel, and
technical and clerical personnel to advise, aid, and assist the
organization in the performance of its duties and to fix, if
necessary, any compensation for such services.
(3) The members, officers, and employees of the cotton growers'
organization operating under this article shall not be held
individually responsible in any way whatsoever to any grower or
other person for errors in judgment, mistakes, or other acts of
omission or commission, other than their own individual acts of
dishonesty or crime. No member, officer, or employee shall be
held individually responsible for any act or omission of any other
member of such organization. The liability of the members of the
growers' organization shall be several and not joint, and no
member shall be liable for the default of any other member.
(4) The certified cotton growers' organization is authorized to borrow money or otherwise incur indebtedness and to expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Georgia. Any indebtedness created pursuant to this paragraph shall be repaid from the assessments on cotton growers provided for in Code Section 2-7-156 or from other funds available to the certified cotton growers' organization and shall not constitute a debt of the State of Georgia or any department, agency, political subdivision, official, or employee thereof. Funds borrowed under this paragraph may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this article.