05 LC
25 3874/AP
House
Bill 466 (AS PASSED HOUSE AND SENATE)
By:
Representative Hanner of the
148th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act abolishing the office of county treasurer of Stewart County,
providing for the appointment of depositories for funds, and creating the office
of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended,
so as to change certain provisions relating to appointment and bond of the
disbursing clerk; to change certain provisions relating to duties of the
disbursing clerk; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act abolishing the office of county treasurer of Stewart County, providing for
the appointment of depositories for funds, and creating the office of disbursing
clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, is amended by
striking Sections 3 and 4 and inserting in lieu thereof the
following:
"SECTION
3.
The
office of disbursing clerk of Stewart County is hereby created. The disbursing
clerk shall be appointed by the governing authority and shall serve at the
pleasure of the governing authority. The disbursing clerk shall not be an
officer or employee of the bank serving as county depository. It shall be the
duty of said disbursing clerk to give bond for the faithful performance of his
or her duties in such office, in the amount of $25,000.00, in some good and
solvent surety company licensed to operate within the State of Georgia, and the
premium for said bond shall be paid out of the general funds of Stewart County.
The governing authority is hereby authorized, but not required, to appoint the
clerk of the governing authority as disbursing clerk of Stewart
County.
SECTION
4.
Be
it further enacted by the authority aforesaid, that it shall be the duty of said
disbursing clerk to receive all funds now on hand or payable to Stewart County
in the future and to keep a correct record of the same in well-bound books,
which records must be kept in the office of the governing authority as other
records of this office are now kept, and that said funds shall be deposited
daily in the designated county depository, receipts taken therefor and filed in
the office of the governing authority, and that said receipts and records may be
open to the general public of Stewart County for their information; that it
shall be the duty of said disbursing clerk to issue all warrants and checks
disbursing county funds, same to be signed by him or her and countersigned by
the chairperson of the Stewart County board of commissioners; that it shall be
the duty of said disbursing clerk to make such financial statements as often as
directed by the governing authority; that it shall be the duty of said
disbursing clerk to perform all duties as theretofore imposed upon the treasurer
of Stewart County, and that it shall be the duty of said disbursing clerk to
take a statement, showing funds on hand and expended for county purposes, to the
grand jury of each superior court held in Stewart County; and that he or she
shall be held responsible, as all county treasurers or financial officers are
now held liable civilly or criminally, for any nonfeasance, misfeasance, or
malfeasance in office; and that said governing authority shall have the right to
proceed against such disbursing clerk and his or her security or securities on
bond, in the same manner as provided by law relating to actions upon any
fidelity
bond."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.