HB646: HB646 Coroners; provide minimum salaries

26 LC 62 0526S The Senate Committee on State and Local Governmental Operations - General offered the following substitute to HB 646: A BILL TO BE ENTITLED AN ACT To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to1 coroners, so as to provide minimum salaries of coroners; to revise compensation provisions2 for deputy coroners; to provide for benefits to certain coroner s; to remove certain death3 investigation fees; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code4 of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for5 certain retiring county officers and the spouses and dependents of such officers to be6 included in certain county health plans; to provide for definitions; to provide for the payment7 of premiums; to provide for a formula to ensure savings are preserved; to provide for related8 matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 16 of Title 45 of the Official Code of Georgia Annotate d, relating to coroners, is12 amended by revising Code Section 45-16-7, relating to appointment of deputy coroners, oath,13 bond, fees, powers, and qualifications, as follows:14 - 1 - 26 LC 62 0526S "45-16-7.15 (a) As soon as practicable after July 1, 1980, and at At the beginning of each term of the16 coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners17 thereafter, the coroner of each county shall appoint a deputy c oroner or coroners as18 provided in this Code section. A deputy coroner shall be appointed for each county, and19 one or more additional deputy coroners may be appointed for any county, in the discretion20 of the coroner pursuant to the provisions of subsection (c) of this Code sect ion. Each21 deputy coroner shall serve at the pleasure of the coroner and m ay be replaced by the22 coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be23 entitled to the same fees, and have the same powers as the coroner;, but a deputy coroner24 shall act as coroner only when the coroner is himself or herself unable to act.25 (b) No person shall be eligible to hold the office of deputy coroner unless he or she holds26 a high school diploma or its recognized equivalent. Any deputy coroner who is in office27 on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at28 any time after said date without regard to whether he or she meets the requirements of this29 subsection.30 (c) Notwithstanding any law to the contrary, there shall be ap pointed only one deputy31 coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such32 county unless otherwise approved by the local governing authori ty of the county in the33 annual budget of the coroner's office.34 (d)(1) On or after January 1, 2027, each deputy coroner shall be entitled to:35 (A) A fee of at least $250.00 for each death investigation tha t the deputy coroner36 performs in place of the coroner; and37 (B) A per diem of $100.00 for each day the deputy coroner does not work a case;38 provided, however, that a deputy coroner shall not be entitled to a per diem pursuant39 to this subparagraph for more than 90 days in a calendar year; provided, further, that40 sufficient funds have been budgeted by the governing authority of the county.41 - 2 - 26 LC 62 0526S (2) The provisions of paragraph (1) of this subsection shall n ot apply to any deputy42 coroner in a county where local legislation establishes an annual salary for such deputy43 coroner.44 (e) As of January 1, 2027, any deputy coroner being compensate d by a county in an45 amount greater than the compensation formulas provided in subse ction (d) of this Code46 section shall not have his or her compensation reduced for the remainder of the term of the47 coroner."48 SECTION 2.49 Said chapter is further amended by revising Code Section 45-16-11, relating to compensation50 of county coroners, increases, calculation, supplements, and expenses, as follows:51 "45-16-11.52 (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each53 coroner in any of the counties in this state in the following population brackets shall be54 fixed according to the population of the county in which he or she serves, as determined55 by the United States decennial census of 1990 2020 or any future such census. Except56 as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive57 an annual salary, payable in equal monthly installments from the funds of the coroner's58 county, of not less than the amount fixed in the following schedule:59 Population Minimum Salary60 0 — 11,889 ..........................................61 $ 1,200.00 11,890 — 19,999 ..........................................62 2,400.00 20,000 — 34,999 ..........................................63 3,600.00 0 — 5,999 ..........................................64 $17,700.00 6,000 — 11,889 ..........................................65 20,000.00 11,890 — 19,999 ..........................................66 25,000.00 - 3 - 26 LC 62 0526S 20,000 — 28,999 ..........................................67 30,000.00 29,000 — 38,999 ..........................................68 35,000.00 39,000 — 49,999 ..........................................69 40,000.00 50,000 — 74,999 ..........................................70 45,000.00 75,000 — 99,999 ..........................................71 50,000.00 100,000 — 149,999 ..........................................72 55,000.00 150,000 — 199,999 ..........................................73 70,000.00 200,000 — 249,999 ..........................................74 80,000.00 250,000 — 299,999 ..........................................75 90,000.00 300,000 — 399,999 ..........................................76 95,000.00 400,000 — 499,999 ..........................................77 100,000.00 500,000 or more .............................................78 105,000.00 (2) Whenever, after January 1, 2027, the state employees subject to compensation plans79 authorized and approved in accordance with Code Section 45-20-4 receive a80 cost-of-living increase or general performance based increase of a certain percentage or81 a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of82 this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing83 each of said amounts through the application of longevity incre ases pursuant to84 subsection (b) of this Code section, where applicable, shall be increased by the same85 percentage or same amount applicable to such state employees. If the cost-of-living86 increase or general performance based increase received by state employees is in different87 percentages or different amounts as to certain categories of employees, the amounts fixed88 in the minimum salary schedule in paragraph (1) of this subsect ion, and in Code89 Section 45-16-11.1, or the amounts derived through the applicat ion of longevity90 increases, shall be increased by a percentage or an amount not to exceed the average91 percentage or average amount of the general increase in salary granted to the state92 - 4 - 26 LC 62 0526S employees. The Office of Planning and Budget shall calculate t he average percentage93 increase or average amount increase when necessary. The period ic changes in the94 amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and95 in Code Section 45-16-11.1, or the amounts derived through the application of longevity96 increases, as authorized by this paragraph shall become effecti ve on the first day of97 January following the date that the cost-of-living increases received by state employees98 become effective; provided, however, that, if the cost-of-living in creases or general99 performance based increases received by state employees become effective on January 1,100 such periodic changes in the amounts fixed in the minimum salar y schedule in101 paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived102 through the application of longevity increases, as authorized b y this paragraph shall103 become effective on the same date that the cost-of-living incre ases or general104 performance based increases received by state employees become effective.105 (3) The county governing authority may supplement the minimum annual salary of the106 coroner in such amount as it may fix from time to time; but no coroner's compensation107 supplement shall be decreased during any term of office. Any p rior expenditure of108 county funds to supplement the coroner's salary in the manner a uthorized by this109 paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit110 the General Assembly by local law from supplementing the annual salary of the coroner.111 (a.1) In the event that the coroner or his or her immediate predecessor spent at least 2,080112 hours on duties related to his or her role as the coroner and t he coroner's office in such113 county administered at least 100 death investigations in the pr eceding calendar year, the114 county governing authority shall provide the coroner the same e mployment benefits it115 provides the clerk of the superior court, judge of the probate court, sheriff, or tax116 commissioner.117 (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code118 Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section,119 - 5 - 26 LC 62 0526S shall be increased by multiplying said amounts by the percentage which equals 5 percent120 times the number of completed four-year terms of office served by any coroner after121 December 31, 2000 2024, effective the first day of January following the completion o f122 each such period of service.123 (c) The minimum salaries provided for under this Code section shall be in addition to any124 fees, including the death investigation fee provided for under subsection (b) of Code125 Section 45-16-27, paid by the county governing authority to the coroner on a per-call basis126 and in addition to any expenses Reserved.127 (d) The minimum salaries provided for in this Code section shall be considered as salary128 only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary129 and reasonable expenses for the operation of a coroner's office shall come from funds other130 than the funds specified as salary in this Code section.131 (e) This Code section shall not be construed to reduce the salary of any coroner in office132 on July 1, 2001 December 31, 2026, for the remainder of his or her term of off ice;133 provided, however, that successors to such coroners in office o n July 1, 2001, shall be134 governed by the provisions of this Code section. All local legislation in effect on July 1,135 2001 as of January 1, 2027, or enacted thereafter affecting compensation for coroners of136 the various counties shall be of full force and effect except where the same provides for a137 salary lower than provided in this Code section, in which event this Code section shall138 prevail."139 SECTION 3.140 Said chapter is further amended by repealing subsections (b) an d (b.1) of Code141 Section 45-16-27, relating to when inquest to be held, special situations, coroner's fee,142 issuance of subpoenas, cost of copying, and limited disclosure of photographs, and143 designating subsection (b) as reserved.144 - 6 - 26 LC 62 0526S SECTION 4.145 Part 1 of Article 1 of Chapter 18 of Title 45 of the Official C ode of Georgia Annotated,146 relating to state employees' health insurance plan, is amended in Code Section 45-18-5,147 relating to county officers and employees, by adding a new subsection to read as follows:148 "(b.1)(1) As used in this subsection, the term:149 (A) 'County health plan' means a health insurance plan, health maintenance150 organization, or other health benefits plan offered or provided by a county for its county151 officers and the spouses and dependents of such officers.152 (B) 'Eligible county officer' means an individual who is at least the age of 55 and no153 more than the age of 65, is retiring from a position as a county officer, and has served154 at least 16 years in one or more of the following capacities: probate judge, sheriff, tax155 commissioner or tax collector, clerk of the superior court, or county commissioner.156 (2) On and after January 1, 2027, if a given county adopts an ordinance adopting the157 terms and provisions of this subsection, each eligible county officer of such county may158 elect for himself and herself and the spouse and dependents of such officer to be included159 in such county's health plan. For each eligible county officer that makes such an election,160 the county governing authority of such officer shall pay 75 percent of any premiums for161 such plan for such officer and the spouse and dependents of such officer until such officer162 reaches the age of 65; provided, however, that such premium payment shall not exceed163 the savings realized by such county based on the total gross salary paid to such officer in164 his or her final 12 months of service minus the total gross sal ary due to an individual165 serving as a new county officer for that position in his or her first 12 months of service,166 using salaries provided for in Code Sections 15-6-88 through 15-6-91, 15-9-63 through167 15-9-66, 15-16-20, 36-5-25, and 48-5-183.168 (3) Nothing in this subsection shall limit the authority of a county government to adopt169 an ordinance to pay a higher amount or percentage of county health plan costs for eligible170 - 7 - 26 LC 62 0526S county officers than the amount or percentage provided in parag raph (2) of this171 subsection."172 SECTION 5.173 (a) This section and Sections 4 and 6 of this Act shall become effective on July 1, 2026.174 (b) Sections 1 through 3 of this Act shall become effective on January 1, 2027.175 SECTION 6.176 All laws and parts of laws in conflict with this Act are repealed.177 - 8 -