---
title: HB 1337. Courts; retention and expenditure of passport application and processing fees by clerks of superior courts and probate court judges; provide
collection: bills
id: 2025-2026/hb1337
cite_as: HB 1337, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1337
md_url: https://georgiacommons.org/bills/2025-2026/hb1337.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1337/text
source_url: https://www.legis.ga.gov/legislation/73274
date: 2026-02-19
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1337.md?full=1
bill_number: HB 1337
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-17
last_action: House Second Readers
sponsors:
- Deborah Silcox
- Jan Jones
- Charles Martin
- Stan Gunter
- Mitchell Scoggins
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1337/2025
upstream_id: 2118559
summaries_model: claude-sonnet-5
topic_tags:
- passport fees
- court clerks
- probate court
- local government finance
- judicial compensation
---
# HB 1337. Courts; retention and expenditure of passport application and processing fees by clerks of superior courts and probate court judges; provide
## Text
House Bill 1337
By: Representatives Silcox of the 53rd, Jones of the 47th, Martin of the 49th, Gunter of the 8th,
and Scoggins of the 14th
A BILL TO BE ENTITLED
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to
provide for the retention and expenditure of passport application and processing fees by
clerks of superior courts and probate court judges; to provide for retention of certain fees as
personal compensation; to provide for disclosures in written reports; to provide for use of
certain fees; to provide for limitations; to authorize the adoption of local acts; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code
Section 15-6-77, relating to fees and construction of other fee provisions, by revising
subsection (c) as follows:
"(c)(1) Any fees received as provided for in this Code section shall be paid into the
county treasury less and except such sums as are otherwise directed to be paid by the
clerk to another entity according to some other general law expressly providing for same,
including, but not limited to, any sums pursuant to Code Section 15-6-61 and such sums
as are collected pursuant to Code Section 15-6-77.4, 15-6-98, 36-15-9, 45-17-4, or
47-14-51, which sums shall be remitted to such authorities as provided by law.
(2) Except as otherwise provided in paragraph (3) of this subsection, fees, sums, or other
remuneration for the performance of duties provided for under the laws of the United
States or regulations promulgated pursuant to such laws shall be as provided in such laws
or regulations as personal compensation to the clerk of the superior court for the
performance of such duties.
(3)(A) Fees, sums, or other remuneration for the performance of passport duties
provided for under the laws of the United States or regulations promulgated pursuant
to such laws, including, but not limited to, passport application or processing fees, shall
be subject to the requirements and limitations of this paragraph except as otherwise
provided in such laws or regulations.
(B) Where permissible by law, the clerk of the superior court shall be authorized to
retain certain fees derived from the performance of passport duties as personal
compensation; provided, however, that the amount of personal compensation received
from such fees, when combined with the annual salary received by such clerk from the
county governing authority shall not exceed 95 percent of the annual salary received
by a superior court judge as provided for in Code Section 15-6-29.
(B)(C) The clerk of the superior court shall disclose in a written report to the county
governing authority on a quarterly basis the total amount of all passport application or
processing fees, sums, or other remuneration received by the such clerk during the
previous quarter. Such disclosure shall specifically and clearly note whether any such
fees, sums, or other remuneration retained by the clerk as personal compensation, in
which case, such disclosure shall also be sent to the finance department of the county.
(D) Any fees, sums, or other remuneration collected for the performance of passport
duties, other than those provided for in subparagraph (B) of this paragraph, shall be
paid by the clerk of the superior court into the general fund of the county or retained by
such clerk for purposes of maintaining and operating the office of the, provided that
such funds are not used to:
(i) Compensate or supplement the compensation of the clerk or any employee of the
clerk's office; or
(ii) Purchase nonwork related items or gifts for the clerk or any employee of the
clerk's office.
(E) The General Assembly may by local Act amend the allowable percentage of funds
to be retained by the clerk of the superior court of the county pursuant to
subparagraph (B) of this paragraph.
(F) The clerk of the superior court shall be prohibited from charging any additional
passport application or processing fees other than fees specifically provided for under
the laws of the United States or regulations promulgated pursuant to such laws."
SECTION 2.
Said title is further amended in Code Section 15-9-60, relating to fees of probate courts, by
revising subsection (c.1) as follows:
"(c.1)(1) Fees, sums, or other remuneration for the performance of passport duties
provided for under the laws of the United States or regulations promulgated pursuant to
such laws, including, but not limited to, passport application or processing fees, shall be
subject to the requirements and limitations of this subsection to the extent not otherwise
required in such laws or regulations.
(2) Where permissible by law, the judge of the probate court shall be authorized to retain
certain fees derived from the performance of passport duties as personal compensation;
provided, however, that the amount of personal compensation received from such fees,
when combined with the annual salary received by such judge from the county governing
authority shall not exceed 95 percent of the annual salary received by a superior court
judge as provided for in Code Section 15-6-29.
(2)(3) The judge of the probate court shall disclose in a written report to the county
governing authority on a quarterly basis the total amount of all passport application or
processing fees, sums, or other remuneration received by the such judge during the
previous quarter. Such disclosure shall specifically and clearly note whether any such
fees, sums, or other remuneration retained by the judge as personal compensation, in
which case, such disclosure shall also be sent to the finance department of the county.
(4) Any fees, sums, or other remuneration collected for the performance of passport
duties, other than those provided for in paragraph (2) of this subsection, shall be paid by
the judge of the probate court into the general fund of the county or retained by such
judge for purposes of maintaining and operating the office of the judge, provided that
such funds are not used to:
(A) Compensate or supplement the compensation of the judge of the probate court or
any employee of the probate court office; or
(B) Purchase nonwork related items or gifts for the judge of the probate court or any
employee of the probate court office.
(5) The General Assembly may by local Act amend the allowable percentage of funds
to be retained by the judge of the probate court pursuant to paragraph (2) of this
subsection.
(6) The judge of the probate court shall be prohibited from charging any additional
passport application or processing fees other than fees specifically provided for under the
laws of the United States or regulations promulgated pursuant to such laws."
SECTION 3.
This Act shall become effective on January 1, 2027.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1337 would let Georgia superior court clerks and probate judges keep a share of passport application and processing fees as personal pay, up to a cap tied to superior court judges' salaries, while requiring quarterly public disclosures of the money.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-17)
- Last action: House Second Readers (2026-02-19)
- Sponsors: Deborah Silcox, Jan Jones, Charles Martin, Stan Gunter, Mitchell Scoggins
- Official page: https://www.legis.ga.gov/legislation/73274
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1337.md?full=1