Official Code of Georgia Annotated/Title 28/Chapter 4/Section 3

by Georgia General Assembly

(a) There is created the Office of Legislative Counsel. The legislative counsel shall be an attorney skilled and experienced in legislative matters and bill drafting.

(b) It shall be the duty of the legislative counsel to:

(1) Provide bill-drafting services which shall be equally available to every member of the General Assembly; and

(2) Advise and counsel members of the General Assembly on legislative matters.

(c) The legislative counsel is authorized to:

(1) Provide for statutory and Code revision, render opinions, assist standing and interim committees, and perform similar legislative functions;

(2) Perform research, issue reports, and make recommendations as a result thereof;

(3) Exchange information, data, and material with similar agencies in other states;

(4) Provide legal services for the legislative branch of government and, with the approval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; and

(5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He or she is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field.

(d) Any other provisions of law to the contrary notwithstanding, he or she is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him or her in the performance of his or her duties and is authorized to provide for the payment of fees, compensation, and expenses therefor from legislative funds.

(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise authorized in Code Section 50—18—2, such Acts and resolutions shall be published in hardbound volumes suitable for retention as permanent records. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45—13—22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution.

(f) The legislative counsel shall have such other authority and duties as the committee may provide.

(Ga. L. 1959, p. 152, § 3; Ga. L. 1965, p. 270, § 1; Ga. L. 1966, p. 586, § 1; Ga. L. 1969, p. 635, § 1; Ga. L. 1976, p. 176, §§ 3, 5; Ga. L. 1988, p. 7, § 1; Ga. L. 1990, p. 782, § 1; Ga. L. 1993, p. 91, § 28; Ga. L. 2010, p. 838, § 1/SB 388; Ga. L. 2017, p. 774, § 28/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “He or she” for “He” in paragraph (c)(5); and in subsection (d), substituted “he or she” for “he”, substituted “him or her” for “him”, and substituted “his or her” for “his”.

Cross references.—Grounds for continuance of case for legislative staff serving as lead counsel, § 9—10—150.
Duties of legislative counsel with regard to summary of general amendments to Constitution of Georgia, § 21—2—4.
Service as staff for Code Revision Commission, § 28—9—4.

Law reviews.—For discussion of history, staffing, procedures, and duties of the Office of Legislative Counsel, see 23 Ga. St. B.J. 114 (1987).

JUDICIAL DECISIONS

Representation by Attorney General.—Ga. L. 1965, pp. 270, 271 (see now O.C.G.A. § 28—4—3) neither authorizes nor prohibits representation of legislators by a Deputy Assistant Attorney General. Coggin v. Davey, 233 Ga. 407, 211 S.E.2d 708 (1975).

RESEARCH REFERENCES

Am. Jur. 2d.—63C Am. Jur. 2d, Public Officers and Employees, §§ 301, 302. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 51 et seq.

C.J.S.—81A C.J.S., States, §§ 91 et seq., 235, 236.