HB1028: HB1028 District Attorney Compensation Reform Act; enact

26 LC 49 2768S The House Committee on Judiciary offers the following substitute to HB 1028: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Co de of Georgia Annotated,1 relating to general provisions regarding prosecuting attorneys, so as to modify provisions2 regarding the compensation received by district attorneys; to provide procedures for district3 attorneys to opt to receive compensation pursuant to such revised provisions; to provide for4 grandfathering of certain district attorneys so as to not reduce the compensation paid to such5 district attorneys; to authorize locality pay by counties to district attorneys in lieu of county6 salary supplements; to abolish most county salary supplements provided to district attorneys;7 to authorize continuation of fringe benefits provided by counti es to district attorneys; to8 preserve existing rights and obligations related to retirement benefits provided by counties9 to district attorneys; to provide for retirement benefits relat ive to optional locality pay; to10 amend Code Section 45-7-4 of the Official Code of Georgia Annot ated, relating to annual11 salaries of certain state officials and cost-of-living adjustme nts, so as to revise provisions12 relating to calculating and setting the salaries of district at torneys; to revise superseded13 provisions related to the salary of the judge of the state-wide tax court; to amend Chapter 314 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to15 suspend the operation of local laws or local ordinances or reso lutions that use a district16 attorney's salary for the calculation of the salary or compensation of other officers, officials,17 or employees; to provide for an automatic lifting of such suspe nsion relative to judges; to18 H. B. 1028 (SUB) - 1 - 26 LC 49 2768S preserve the authority of the General Assembly to amend or repe al such suspended local19 laws; to preserve the authority of local governments to use oth er mechanisms to change20 salary calculation during such suspension; to provide for legislative findings and intent; to21 provide for legislative construction; to provide a short title; to provide for an effective date;22 to provide for related matters; to repeal conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 SECTION 1.25 This Act shall be known and may be cited as the "District Attorney Compensation Reform26 Act."27 SECTION 2.28 Article 1 of Chapter 18 of Title 15 of the Official Code of Geo rgia Annotated, relating to29 general provisions regarding prosecuting attorneys, is amended by revising Code Section30 15-18-10, relating to compensation of district attorneys and pr ivate practice of law31 prohibited, as follows:32 "15-18-10.33 (a) Except as provided for in subsection (b) of this Code sect ion, each Each district34 attorney shall receive an annual salary from state funds as prescribed by law. Such salary35 shall be paid as provided in Code Sections 15-18-10.1, 15-18-10 .2, a n d 15-18-19,36 and 45-7-4.37 (b)(1) Each district attorney in office on July 1, 2026, shall have the option to receive the38 annual salary provided by Code Section 45-7-4 and any locality pay provided by this39 Code section and Code Section 15-18-19 in lieu of his or her co mpensation which is40 otherwise provided by laws in effect on June 30, 2026. The opt ion provided by this41 paragraph shall be exercised by such district attorney's filing a written notification thereof42 H. B. 1028 (SUB) - 2 - 26 LC 49 2768S with the Prosecuting Attorneys' Council of Georgia and the governing authority of each43 county comprising such district attorney's judicial circuit. A district attorney in office on44 July 1, 2026, shall not be required or obligated to exercise th e option provided by this45 paragraph, but if and when any such district attorney voluntarily and expressly exercises46 such option, such district attorney's exercise of such option shall be final and irrevocable. 47 The failure to exercise the option shall be an election to continue to receive compensation48 as previously calculated by law in effect on June 30, 2026, and as outlined in49 paragraph (2) of this subsection, and until such option is exercised; provided, however,50 that such option must be exercised no later than January 1, 2034. The option exercised51 pursuant to this paragraph shall go into effect the next pay period beginning five business52 days following the exercise of such option.53 (2) To ensure that no district attorney in office on July 1, 2 026, has his or her salary,54 allowance, or county supplements decreased during his or her term of office, any district55 attorney in office on July 1, 2026, who does not exercise the irrevocable option provided56 by paragraph (1) of this subsection shall continue to be compen sated in precisely the57 same manner as he or she was compensated as of June 30, 2026, i ncluding, but not58 limited to, county supplements, in accordance with Article VI, Section VIII,59 Paragraph I (c) of the Constitution.60 (3) For the purpose of this Code section and Code Section 15-18-10.2, an interim district61 attorney serving on July 1, 2026, shall be treated in the same manner as an elected district62 attorney related to any options such district attorneys have as to their compensation.63 The county or counties comprising the judicial circuit may supp lement the salary of the64 district attorney in such amount as is or may be authorized by local Act or in such amount65 as may be determined by the governing authority of such county or counties, whichever is66 greater.67 (c) The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments68 and remit the same to the county treasury by the fifteenth day of each month.69 H. B. 1028 (SUB) - 3 - 26 LC 49 2768S (d) No district attorney receiving an annual salary under this Code section shall engage in70 the private practice of law."71 SECTION 3.72 Said article is further amended in Code Section 15-18-10.1, relating to annual accountability73 supplement and exception, by repealing subsection (d).74 SECTION 4.75 Said article is further amended by adding a new Code section to read as follows:76 "15-18-10.2.77 (a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2026,78 the county or counties comprising a judicial circuit may provid e the district attorney of79 such circuit, who either was not in office as a district attorney as of July 1, 2026, or made80 an irrevocable election authorized by paragraph (1) of subsecti on (b) of Code81 Section 15-18-10, with locality pay as authorized by this Code section, and such district82 attorneys shall not be eligible for county salary supplements provided by local Act. In no83 event shall locality pay exceed 10 percent of the state annual salary provided by Code84 Section 45-7-4 to such district attorney. All such locality pay shall be in lieu of and not in85 addition to any county supplements previously provided by the county or counties.86 (b) In no event shall the annual locality pay provided to a district attorney or circuit public87 defender by the county or counties comprising a judicial circui t in aggregate exceed the88 lesser of:89 (1) Ten percent of the state annual salary paid to a district attorney pursuant to Code90 Section 45-7-4; or91 (2) The total of $20,608.05;92 provided, however, that, if the state annual salary paid to dis trict attorneys exceeds93 $206,805.00, then the maximum allowable amount of annual locali ty pay provided to a94 H. B. 1028 (SUB) - 4 - 26 LC 49 2768S district attorney by the county or counties comprising a judici al circuit shall instead be95 equal to the difference between $20,608.05 and half the amount by which such state annual96 salary exceeds $206,805.00. The intent of this subsection is t o provide for a gradual97 decrease in the maximum amount of allowable locality pay as the state annual salary98 provided by Code Section 45-7-4 to district attorneys exceeds $206,805.00 and continues99 to increase.100 (c) Except as provided for in subsection (b) of Code Section 15-18-10 and subsection (d)101 of this Code section and notwithstanding any other provision of law to the contrary, on and102 after July 1, 2026, no county or counties comprising a judicial circuit shall provide county103 salary supplements to a district attorney.104 (d)(1) Nothing in subsection (c) of this Code section shall operate to prevent a county or105 counties comprising a judicial circuit from providing a local salary supplement when the106 district attorney of that judicial circuit enters into a contract with said county or counties107 to act as the solicitor of a county's probate or magistrate cou rt, or for supplements of108 compensation for services under Code Sections 15-18-11 and 19-11-23.109 (2) For all district attorneys who elect to exercise the option provided by paragraph (1)110 of subsection (b) of Code Section 15-18-10, to the extent the aggregate salary provided111 for by subsection (a) of Code Section 15-18-10 and locality pay provided for by112 subsection (a) of this Code section to a particular district attorney do not equal or exceed113 such district attorney's aggregate salary and local supplement in effect at the time of such114 district attorney's exercise of such option, then the county or counties of the circuit shall115 pay an additional supplement in the amount equal to the difference between the aggregate116 salary and supplement in effect at the time of such district at torney's exercise of such117 option and the aggregate salary provided for by subsection (a) of Code Section 15-18-10118 and locality pay provided for by subsection (a) of this Code section. When an additional119 supplement is required by this paragraph in a circuit consisting of more than one county,120 then each county shall pay such additional supplement in propor tion to each county's121 H. B. 1028 (SUB) - 5 - 26 LC 49 2768S contribution to the local supplement in effect at the time of s uch district attorney's122 exercise of the option to participate. In no event shall the additional supplement required123 by this paragraph result in a district attorney's aggregate salary that exceeds the aggregate124 salary existing at the time of a district attorney's exercise of such option.125 (e) Nothing in subsection (c) of this Code section shall opera te to prevent a county or126 counties comprising a judicial circuit from continuing to provi de fringe benefits to the127 district attorney of such circuit in the same manner that such benefits were provided on128 June 30, 2026.129 (f) Nothing in this Code section or subsection (b) of Code Section 15-18-10 shall operate130 to alter, amend, contract, expand, extend, limit, modify, or te rminate retirement benefits131 or rights thereto in existence prior to July 1, 2026. All district attorneys who exercise the132 option provided by paragraph (1) of subsection (b) of Code Section 15-18-10 shall have no133 right to any benefit existing at the time such option is exerci sed reduced. To the extent134 otherwise permitted by law, each county within a judicial circu it is authorized, but not135 required, to provide retirement benefits based upon the locality pay it provides pursuant to136 subsection (a) of this Code section."137 SECTION 5.138 Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries139 of certain state officials, cost-of-living adjustments, and bas e-salary of certain judges, as140 effective on July 1, 2026, is amended by repealing and reserving paragraphs (19.2) and (21)141 of subsection (a) and by adding a new paragraph to subsection (d) to read as follows:142 "(3) Except as provided for in subsection (b) of Code Section 15-18-10, the annual salary143 of each district attorney shall be set by the General Assembly in the General144 Appropriations Act, provided that such salary shall not exceed 88 percent of the base145 salary provided for in paragraph (1) of this subsection."146 H. B. 1028 (SUB) - 6 - 26 LC 49 2768S SECTION 6.147 Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,148 is amended by adding a new Code section to read as follows:149 "1-3-13.150 (a)(1) Notwithstanding any provision of law to the contrary, e xcept for Code Section151 17-12-25, as of July 1, 2026, all local laws and local ordinances or resolutions in effect152 as of such date that provide for a salary, supplement, or other compensation to be paid to153 a state, county, or local officer, official, or employee based on a percentage of, total154 compensation for, or similar mathematical relationship to any district attorney's salary,155 supplement, or other compensation shall be suspended as a matter of law with respect to156 any increase in the salary, supplement, or other compensation paid to a district attorney157 during the term of such suspension; provided, however, that such suspension shall not be158 applicable to any local law or local ordinance or resolution adopted after July 1, 2026.159 (2) During the period of the suspension provided for in paragraph (1) of this subsection:160 (A) No change in the salary of a district attorney shall resul t in a change in the161 calculation of any compensation to be paid to a state, county, or local officer, official,162 or employee by any county, municipality, consolidated government, or other political163 subdivision; and164 (B) The compensation paid to any state, county, or local officer, official, or employee165 whose compensation is expressly based on a percentage of, total compensation for, or166 similar mathematical relationship to a district attorney's sala ry, supplement, or other167 compensation shall remain at the same amount as provided at the beginning of such168 period of suspension, unless and until such suspension terminates with respect to such169 individual pursuant to paragraph (1) of subsection (b) of this Code section or the170 compensation paid to any such state, county, or local officer, official, or employee is171 modified pursuant to subsection (c) of this Code section.172 H. B. 1028 (SUB) - 7 - 26 LC 49 2768S (3) The provisions of this subsection shall not repeal or amen d any local law or local173 ordinance or resolution, but the provisions of local laws or local ordinances or resolutions174 related to calculating compensation based on a district attorney's salary, supplement, or175 other compensation shall be merely suspended and shall remain suspended with respect176 to any change in such compensation until such suspension is lifted or such compensation177 is modified pursuant to subsection (b) or (c) of this Code section with respect to a given178 public officer, official, or employee.179 (b)(1) As of July 1, 2027, the suspension provided for in subs ection (a) of this Code180 section shall be terminated with respect to all judges. Any salary or compensation change181 for a judge that otherwise would have gone into effect between July 1, 2026, and182 June 30, 2027, by operation of a l ocal law or local ordinance o r resolution if such183 suspension had not been in effect shall become effective for calculations of such judge's184 prospective salary or other compensation that may be earned on or after July 1, 2027,185 unless the local law or local ordinance or resolution that prov ides for a salary,186 supplement, or other compensation to be paid to such judge is r epealed prior to187 July 1, 2027, or is amended, prior to July 1, 2027, to expressly modify the terms of such188 judge's compensation.189 (2) The suspension provided for in subsection (a) of this Code section shall remain in190 place for all officers, officials, and employees described in paragraph (1) of subsection (a)191 of this Code section other than judges, unless and until the compensation payable to any192 such other officer, official, or employee is modified pursuant to subsection (c) of this193 Code section.194 (3) The termination of a suspension provided for in subsection (a) of this Code section195 shall not entitle any person to retroactive compensation that he or she otherwise may have196 earned except for such suspension, and no such retroactive payments shall be made.197 (c)(1) Nothing in this Code section shall operate to prevent the General Assembly from198 at any time repealing or amending, in whole or in part, any loc al law that is suspended199 H. B. 1028 (SUB) - 8 - 26 LC 49 2768S pursuant to subsection (a) of this Code section, and any such repeal or amendment shall200 become effective in the time and manner stated in the law implementing such repeal or201 amendment, without regard to the suspension provided for in this Code section.202 (2) Nothing in this Code section shall operate to prevent a co unty, municipality,203 consolidated government, or other political subdivision from, at any time, enacting any204 salary, supplement, or other compensation changes for any state, county, or local officer,205 official, or employee if otherwise authorized by general or local law, and any such change206 shall become effective in the time and manner stated in such lawful enactment, without207 regard to the suspension provided for in this Code section.208 (3) In no event shall any action described in paragraph (1) or (2) of this subsection:209 (A) Authorize the payment of or entitle any district attorney to any salary supplement210 or any locality pay in excess of the limits set forth in Code Section 15-8-10.2; or211 (B) Authorize the payment of or entitle any person to retroactive compensation that he212 or she otherwise may have earned except for any period of suspension.213 (d) The General Assembly finds that increases to district atto rney's compensation that214 become effective on or after July 1, 2026, may automatically tr igger increases to other215 public officers, officials, and employees for whom existing legislation automatically ties216 their compensation to that of district attorneys, and that thes e automatic increases in217 compensation would generally result in sudden financial hardship for local governments. 218 Accordingly, it is the intent of this Code section that:219 (1) The salary of any state, county, or local officer, official, or employee whose salary,220 supplement, or other compensation is based on a percentage of, total compensation for,221 or similar mathematical relationship to a district attorney's s alary or supplement shall,222 during the period of any such suspension imposed by this Code section, remain the same223 as such salary, supplement, or other compensation was at the beginning of such period;224 H. B. 1028 (SUB) - 9 - 26 LC 49 2768S (2) Such state, county, or local officer, official, or employe e shall continue to receive225 such salary, supplement, or other compensation during the period of such suspension at226 the same rate or amount as at the beginning of such period; and227 (3) The amount of such salary, supplement, or other compensati on shall remain228 unchanged until the occurrence of an event described in subsections (a) through (c) of this229 Code section, which includes:230 (A) Such suspension being terminated pursuant to this Code section;231 (B) With respect to a salary, supplement, or other compensation set by local law, the232 General Assembly takes some affirmative action to set the salary, supplement, or other233 compensation by repealing or amending, in whole or in part, any local law that is234 suspended pursuant to subsection (a) of this Code section and s uch repeal or235 amendment becomes effective; or236 (C) With respect to a salary, supplement, or other compensation set by local ordinance237 or resolution, the county, municipality, consolidated, or other local government takes238 some affirmative action to set the salary, supplement, or other compensation and such239 action becomes effective.240 (e) This Code section shall not affect the compensation paid to any circuit public defender241 pursuant to Code Section 17-12-25."242 SECTION 7.243 This Act shall become effective on July 1, 2026.244 SECTION 8.245 All laws and parts of laws in conflict with this Act are repealed.246 H. B. 1028 (SUB) - 10 -