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SB449.html
02 SB449/AP
Senate Bill
449
By: Senators Dean of the 31st, Starr of the 44th
and Marable of the
52nd
AS
PASSED
AN ACT
To amend Code Section 38-2-279 of the Official Code of
Georgia Annotated, relating to rights of public officers and employees absent on
military duty as members of organized militia or reserve forces, so as to
provide that agencies may conduct meetings by telecommunications conference when
members of an agency are on ordered military duty; to provide that members of an
agency on ordered military duty may participate in meetings of the agency by
telecommunications conference; to provide that absence on ordered military duty
does not constitute vacation of office; 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 38-2-279 of the Official Code of Georgia
Annotated, relating to rights of public officers and employees absent on
military duty as members of organized militia or reserve forces, is amended by
striking subsection (b) and inserting in its place the
following:
"(b)
Every public officer or employee shall be entitled to absent himself or herself
and shall be deemed to have a leave of absence from duties or service as a
public officer or employee while engaged in the performance of ordered military
duty and while going to and returning from such duty. Notwithstanding Code
Section 45-5-1 or any other provision of law, a public office shall not be
considered vacated or abandoned by a public officer while on ordered military
duty."
SECTION 2.
Said Code section is further amended by designating
subsection (g) as subsection (h) and inserting a new subsection (g) to read as
follows:
"(g)
Notwithstanding the provisions of Chapter 14 of Title 50, an agency, as defined
by subsection (a) of Code Section 50-14-1, shall be authorized to conduct
meetings by telecommunications conference in the event that one or more of the
agency´s members is on ordered military duty at the time of such meeting,
provided that any such meeting is conducted in compliance with such chapter.
The members of the agency, including those on ordered military duty, shall be
authorized to participate and make decisions during such a telecommunications
conference."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.