HB 1337: Courts; retention and expenditure of passport application and processing fees by clerks of superior courts and probate court judges; provide

Georgia clerks of superior court and probate court judges process U.S. passport applications and collect federal fees for that work. Current law is unclear about how much of that money can go to the clerk or judge personally versus the county. This bill spells out the rules: clerks and judges could retain some passport fees as personal compensation, but that extra pay, combined with their county salary, could not exceed 95 percent of a superior court judge's salary under O.C.G.A. § 15-6-29. Any passport fees not kept as personal compensation would go to the county's general fund or be used to run the clerk's or judge's office, but not to pay staff bonuses or buy gifts. Clerks and judges must report the fees they collect and keep to the county governing authority every quarter, and flag any personal compensation to the county finance department. Counties could pass local laws to adjust the retention percentage. The changes would take effect January 1, 2027.

• Allows clerks of superior court and probate court judges to keep certain passport fees as personal compensation, capped so total pay does not exceed 95 percent of a superior court judge's salary.
• Requires quarterly written reports to the county governing authority disclosing all passport fees received and specifying which portion was kept as personal pay.
• Directs that reports involving personal compensation also be sent to the county finance department.
• Requires leftover passport fees not kept personally to go into the county general fund or be used to run the clerk's or judge's office, but bars using that money to boost staff pay or buy gifts.
• Lets the General Assembly pass local laws changing the allowed retention percentage for a specific county.
• Bars clerks and probate judges from charging any passport fees beyond what federal law or regulations already allow.

Clerks of superior court and probate court judges across Georgia who handle passport applications, the county governing authorities and finance departments that oversee their offices, and county residents applying for passports through these local offices.

The bill changes how much money clerks and probate judges can personally keep from federal passport fees, adding a salary-based cap and new reporting requirements. This affects office budgets, local government oversight of these funds, and how transparent fee collection is to county officials and the public.

• Section 1 revises O.C.G.A. § 15-6-77 to let superior court clerks retain passport fees as personal compensation, capped at 95 percent of a superior court judge's salary when combined with county pay.
• Section 1 requires quarterly disclosure reports to the county governing authority, specifying whether fees were kept personally, with copies to the county finance department in that case.
• Section 1 restricts non-personal passport fee funds to office operations, prohibiting their use for staff compensation or gifts.
• Section 1 allows the General Assembly to adjust retention percentages for a county through local legislation.
• Section 2 makes parallel changes to O.C.G.A. § 15-9-60 for probate court judges, applying the same compensation cap, disclosure rules, and spending restrictions.
• Section 3 sets the effective date as January 1, 2027.
• Section 4 repeals conflicting laws.

1. 2026-02-19House Second Readers (House)
2. 2026-02-18House First Readers (House)
3. 2026-02-17House Hopper (House)

• Deborah Silcox (R, HD-053)Primary sponsor
• Jan Jones (R, HD-047)
• Charles Martin (R, HD-049)
• Stan Gunter (R, HD-008)
• Mitchell Scoggins (R, HD-014)

• passport fees
• court clerks
• probate court
• local government finance
• judicial compensation