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 to
coroners, so as to provide minimum salaries of coroners; to revise compensation provisions
for deputy coroners; to provide for benefits to certain coroners; to remove certain death
investigation fees; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code
of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for
certain retiring county officers and the spouses and dependents of such officers to be
included in certain county health plans; to provide for definitions; to provide for the payment
of premiums; to provide for a formula to ensure savings are preserved; to provide for related
matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is
amended by revising Code Section 45-16-7, relating to appointment of deputy coroners, oath,
bond, fees, powers, and qualifications, as follows:
"45-16-7.
(a) <del>As soon as practicable after July 1, 1980, and at</del> <ins>At</ins> the beginning of each term <del>of the
coroner thereafter,</del> the coroner of each county shall appoint a deputy coroner or coroners
thereafter, the coroner of each county shall appoint a deputy coroner or coroners as
provided in this Code section. A deputy coroner shall be appointed for each county, and
one or more additional deputy coroners may be appointed for any county, <del>in the discretion
of the coroner</del> <ins>pursuant to the provisions of subsection (c) of this Code section.</ins> Each
deputy coroner shall serve at the pleasure of the coroner and may be replaced by the
coroner at any time. Each deputy coroner shall take the same oath, give the same bond, <del>be
entitled to the same fees,</del> and have the same powers as the coroner;, but a deputy coroner
shall act as coroner only when the coroner is himself <ins>or herself</ins> unable to act.
(b) No person shall be eligible to hold the office of deputy coroner unless he or she holds
a high school diploma or its recognized equivalent. Any deputy coroner who is in office
on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at
any time after said date without regard to whether he or she meets the requirements of this
subsection.
(c) Notwithstanding any law to the contrary, <del>there shall be appointed only one deputy
coroner, and, on and after July 1, 1999,</del> there shall only be one deputy coroner in each <del>such
</del> county unless otherwise approved by the local governing authority of the county <ins>in the
annual budget of the coroner's office.
(d)(1) On or after January 1, 2027, each deputy coroner shall be entitled to:
(A) A fee of at least $250.00 for each death investigation that the deputy coroner
performs in place of the coroner; and
(B) A per diem of $100.00 for each day the deputy coroner does not work a case;
provided, however, that a deputy coroner shall not be entitled to a per diem pursuant
to this subparagraph for more than 90 days in a calendar year; provided, further, that
sufficient funds have been budgeted by the governing authority of the county.
</ins>
<ins>(2) The provisions of paragraph (1) of this subsection shall not apply to any deputy
coroner in a county where local legislation establishes an annual salary for such deputy
coroner.
(e) As of January 1, 2027, any deputy coroner being compensated by a county in an
amount greater than the compensation formulas provided in subsection (d) of this Code
section shall not have his or her compensation reduced for the remainder of the term of the
coroner."
</ins> SECTION 2.
Said chapter is further amended by revising Code Section 45-16-11, relating to compensation
of county coroners, increases, calculation, supplements, and expenses, as follows:
"45-16-11.
(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each
coroner in any of the counties in this state in the following population brackets shall be
fixed according to the population of the county in which he or she serves, as determined
by the United States decennial census of <del>1990</del> <ins>2020</ins> or any future such census. Except
as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive
an annual salary, payable in equal monthly installments from the funds of the coroner's
county, of not less than the amount fixed in the following schedule:
<ins>Population Minimum Salary
</ins> <del>0 — 11,889</del> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>$ 1,200.00
11,890 — 19,999</del> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>2,400.00
20,000 — 34,999</del> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <del>3,600.00
</del> <ins>0 — 5,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17,700.00
6,000 — 11,889 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000.00
11,890 — 19,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,000.00
</ins>
<ins>20,000 — 28,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30,000.00
29,000 — 38,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35,000.00
39,000 — 49,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40,000.00
50,000 — 74,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45,000.00
75,000 — 99,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000.00
100,000 — 149,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55,000.00
150,000 — 199,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70,000.00
200,000 — 249,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000.00
250,000 — 299,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90,000.00
300,000 — 399,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95,000.00
400,000 — 499,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000.00
500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105,000.00
</ins> (2) Whenever, <ins>after January 1, 2027,</ins> the state employees subject to compensation plans
authorized and approved in accordance with Code Section 45-20-4 receive a
cost-of-living increase or general performance based increase of a certain percentage or
a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing
each of said amounts through the application of longevity increases pursuant to
subsection (b) of this Code section, where applicable, shall be increased by the same
percentage or same amount applicable to such state employees. If the cost-of-living
increase or general performance based increase received by state employees is in different
percentages or different amounts as to certain categories of employees, the amounts fixed
in the minimum salary schedule in paragraph (1) of this subsection, and in Code
Section 45-16-11.1, or the amounts derived through the application of longevity
increases, shall be increased by a percentage or an amount not to exceed the average
percentage or average amount of the general increase in salary granted to the state
employees. The Office of Planning and Budget shall calculate the average percentage
increase or average amount increase when necessary. The periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and
in Code Section 45-16-11.1, or the amounts derived through the application of longevity
increases, as authorized by this paragraph shall become effective on the first day of
January following the date that the cost-of-living increases received by state employees
become effective; provided, however, that, if the cost-of-living increases or general
performance based increases received by state employees become effective on January 1,
such periodic changes in the amounts fixed in the minimum salary schedule in
paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived
through the application of longevity increases, as authorized by this paragraph shall
become effective on the same date that the cost-of-living increases or general
performance based increases received by state employees become effective.
(3) The county governing authority may supplement the minimum annual salary of the
coroner in such amount as it may fix from time to time; but no coroner's compensation
supplement shall be decreased during any term of office. Any prior expenditure of
county funds to supplement the coroner's salary in the manner authorized by this
paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit
the General Assembly by local law from supplementing the annual salary of the coroner.
<ins>(a.1) In the event that the coroner or his or her immediate predecessor spent at least 2,080
hours on duties related to his or her role as the coroner and the coroner's office in such
county administered at least 100 death investigations in the preceding calendar year, the
county governing authority shall provide the coroner the same employment benefits it
provides the clerk of the superior court, judge of the probate court, sheriff, or tax
commissioner.
</ins> (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code
Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section,
shall be increased by multiplying said amounts by the percentage which equals 5 percent
times the number of completed four-year terms of office served by any coroner after
December 31, <del>2000</del> <ins>2024,</ins> effective the first day of January following the completion of
each such period of service.
(c) <del>The minimum salaries provided for under this Code section shall be in addition to any
fees, including the death investigation fee provided for under subsection (b) of Code
Section 45-16-27, paid by the county governing authority to the coroner on a per-call basis
and in addition to any expenses</del> <ins>Reserved.
</ins> (d) The minimum salaries provided for in this Code section shall be considered as salary
only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary
and reasonable expenses for the operation of a coroner's office shall come from funds other
than the funds specified as salary in this Code section.
(e) This Code section shall not be construed to reduce the salary of any coroner in office
on <del>July 1, 2001</del> <ins>December 31, 2026, for the remainder of his or her term of office;
</ins> <del>provided, however, that successors to such coroners in office on July 1, 2001, shall be
governed by the provisions of this Code section.</del> All local legislation in effect <del>on July 1,
2001</del> <ins>as of January 1, 2027,</ins> or enacted thereafter affecting compensation for coroners of
the various counties shall be of full force and effect except where the same provides for a
salary lower than provided in this Code section, in which event this Code section shall
prevail."
SECTION 3.
Said chapter is further amended by repealing subsections (b) and (b.1) of Code
Section 45-16-27, relating to when inquest to be held, special situations, coroner's fee,
issuance of subpoenas, cost of copying, and limited disclosure of photographs, and
designating subsection (b) as reserved.
SECTION 4.
Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,
relating to state employees' health insurance plan, is amended in Code Section 45-18-5,
relating to county officers and employees, by adding a new subsection to read as follows:
<ins>"(b.1)(1) As used in this subsection, the term:
(A) 'County health plan' means a health insurance plan, health maintenance
organization, or other health benefits plan offered or provided by a county for its county
officers and the spouses and dependents of such officers.
(B) 'Eligible county officer' means an individual who is at least the age of 55 and no
more than the age of 65, is retiring from a position as a county officer, and has served
at least 16 years in one or more of the following capacities: probate judge, sheriff, tax
commissioner or tax collector, clerk of the superior court, or county commissioner.
(2) On and after January 1, 2027, if a given county adopts an ordinance adopting the
terms and provisions of this subsection, each eligible county officer of such county may
elect for himself and herself and the spouse and dependents of such officer to be included
in such county's health plan. For each eligible county officer that makes such an election,
the county governing authority of such officer shall pay 75 percent of any premiums for
such plan for such officer and the spouse and dependents of such officer until such officer
reaches the age of 65; provided, however, that such premium payment shall not exceed
the savings realized by such county based on the total gross salary paid to such officer in
his or her final 12 months of service minus the total gross salary due to an individual
serving as a new county officer for that position in his or her first 12 months of service,
using salaries provided for in Code Sections 15-6-88 through 15-6-91, 15-9-63 through
15-9-66, 15-16-20, 36-5-25, and 48-5-183.
(3) Nothing in this subsection shall limit the authority of a county government to adopt
an ordinance to pay a higher amount or percentage of county health plan costs for eligible
</ins>
<ins>county officers than the amount or percentage provided in paragraph (2) of this
subsection."
</ins> SECTION 5.
(a) This section and Sections 4 and 6 of this Act shall become effective on July 1, 2026.
(b) Sections 1 through 3 of this Act shall become effective on January 1, 2027.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.