Bill Text: GA HB1053 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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10 LC 29 4270S

The House Committee on Judiciary offers the following substitute to HB 1053:

A BILL TO BE ENTITLED
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 judge of the probate court, and the judge of the probate court 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.