Bill Text: GA HB1053 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Solicitors-general; act during pendency of vacancy in office; provide
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2010-04-29 - House Agree Senate Amend or Sub [HB1053 Detail]
Download: Georgia-2009-HB1053-Comm_Sub.html
10 LC 36
1667S
The
Senate Special Judiciary Committee offered the following substitute to HB
1053:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating
to establishing solicitors-general of state courts and vacancies in office, so
as to provide for an acting solictor-general during the pendency of a vacancy in
office; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-18-60 of the Official Code of Georgia Annotated, relating to
establishing solicitors-general of state courts and vacancies in office, is
amended by revising subsection (b) as follows:
"(b)(1)
In the event of a vacancy in the office of solicitor-general of the state court
for any reason except the expiration of the term of office, the Governor shall
appoint a qualified person who shall serve as provided in Article VI, Section
VII, Paragraphs III and IV of the Constitution.
(2)(A)
During the period of time between the creation of the vacancy and the
appointment of a qualified replacement for the solicitor-general, the chief
assistant solicitor-general or, if there is no chief assistant
solicitor-general, the assistant solicitor-general senior in time of service
shall perform the duties of the solicitor-general and serve as the acting
solicitor-general.
(B)
When there is no assistant solicitor-general available to perform the duties of
the solicitor-general as provided in subparagraph (A) of this paragraph, the
clerk of court shall notify the chairperson of the board of commissioners or the
sole commissioner, if the county is not governed by a board of commissioners.
The chairperson or sole commissioner, as applicable, shall appoint an acting
solicitor-general.
(C)
An acting solicitor-general performing the duties of a solicitor-general shall
be compensated as provided for acting solicitors-general in subsection (b) of
Code Section 15-18-70."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
