HB1337: HB1337 Courts; retention and expenditure of passport application and processing fees by clerks of superior courts and probate court judges; provide

Under current Georgia law, clerks of superior courts already keep some fees tied to federal duties like passport processing as personal compensation, but the rules on how much and how it is reported are limited. This bill rewrites those rules for both superior court clerks (O.C.G.A. § 15-6-77) and probate court judges (O.C.G.A. § 15-9-60). The bill lets clerks and probate judges keep certain passport fees as personal pay, but caps the total personal compensation from those fees, combined with their county salary, at 95 percent of a superior court judge's annual salary. It requires them to file a quarterly written report to the county governing authority disclosing all passport fees received and whether any were kept as personal pay, with a copy to the county finance department if so. Any fees not kept personally must go to the county general fund or be used to run the office, not for staff pay or gifts. The General Assembly can adjust the retention percentage county by county through local acts. The law would take effect January 1, 2027.

• Allows clerks of superior courts and probate court judges to retain certain passport application and processing fees as personal compensation, where federal law permits it.
• Caps that personal compensation, combined with the county salary, at 95 percent of a superior court judge's annual salary as set in O.C.G.A. § 15-6-29.
• Requires clerks and probate judges to file a quarterly written report to the county governing authority disclosing all passport fees received and whether any were kept as personal pay.
• Requires that any passport fees not kept as personal compensation be deposited in the county general fund or used to run the office, not to pay staff or buy gifts.
• Lets the General Assembly change the allowed retention percentage for a specific county through a local act.
• Bans clerks and probate judges from charging any extra passport fees beyond what federal law or regulations set.

Clerks of superior courts and probate court judges across Georgia, who process passport applications; county governing authorities and finance departments, which receive quarterly disclosures; and county general funds, which receive fees not kept as personal pay.

The bill sets a clear dollar-linked cap and reporting process for how much court officials can personally earn from federal passport fees, which affects both their compensation and how much money flows into county budgets versus individual paychecks.

• Section 1 revises O.C.G.A. § 15-6-77(c) 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 written disclosure reports to the county governing authority on all passport fees received, noting any kept as personal compensation, copied to the finance department.
• Section 1 bars using retained passport fees to pay clerk's office staff or buy nonwork gifts, and bars charging extra passport fees beyond what federal law allows.
• Section 1 allows the General Assembly to change the allowed retention percentage for a given county through a local act.
• Section 2 makes parallel changes to O.C.G.A. § 15-9-60(c.1) for probate court judges, applying the same 95 percent cap, quarterly disclosure, spending limits, and local-act option.
• 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 courts
• county government
• court funding