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03 LC 19 5668/AP
House Bill 164 (AS PASSED HOUSE
AND SENATE)
By: Representative Campbell of the 39th
By: Representative Campbell of the 39th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 15-2-9 of the Official Code of Georgia
Annotated, relating to answers to questions certified by federal appellate
courts to the Georgia Supreme Court, so as to provide that the Supreme Court of
this state may answer any question of law certified to it from any federal
appellate or district court; to provide for related matters; to provide that the
effectiveness of this Act shall be conditioned upon the approval by the voters
of a certain constitutional amendment; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 15-2-9 of the Official Code of Georgia
Annotated, relating to answers to questions certified by federal appellate
courts to the Georgia Supreme Court, is amended by striking said Code section in
its entirety and inserting in lieu thereof the
following:
"15-2-9.
(a) The Supreme Court of this state, by rule of court, may provide that when it shall appear to the Supreme Court of the United States, to any circuit court of appeals or district court of the United States, or to the Court of Appeals or the District Court of the District of Columbia that there are involved in any proceeding before it questionsor propositions
of the laws of this state which are determinative of the case and there are no
clear controlling precedents in the decisions of the Supreme Court of this
state, such federal appellate court may certify the questions
or propositions of the laws of this state to the Supreme Court
of this state for instructions concerning answers to the
questions or propositions of state law, which certificate the
Supreme Court of this state may answer by written
opinion.
(b) The Court of Appeals shall not have jurisdiction to consider any question certified under this Code section by transfer or otherwise."
"15-2-9.
(a) The Supreme Court of this state, by rule of court, may provide that when it shall appear to the Supreme Court of the United States, to any circuit court of appeals or district court of the United States, or to the Court of Appeals or the District Court of the District of Columbia that there are involved in any proceeding before it questions
(b) The Court of Appeals shall not have jurisdiction to consider any question certified under this Code section by transfer or otherwise."
SECTION 2.
This Act shall become effective only if there is ratified at
the 2004 general election a constitutional amendment to amend Article VI,
Section VI, Paragraph IV to grant the Supreme Court of Georgia jurisdiction to
answer questions of law from any federal district or appellate court. If such
amendment is so ratified, this Act shall become effective January 1,
2005.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.