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

26 LC 48 1669 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, re lating to courts, so as to1 provide for the retention and expenditure of passport applicati on and processing fees by2 clerks of superior courts and probate court judges; to provide for retention of certain fees as3 personal compensation; to provide for disclosures in written re ports; to provide for use of4 certain fees; to provide for limitations; to authorize the adoption of local acts; to provide for5 related matters; to provide an effective date; to repeal confli cting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code10 Section 15-6-77, relating to fees and construction of other fee provisions, by revising11 subsection (c) as follows:12 "(c)(1) Any fees received as provided for in this Code section shall be paid into the13 county treasury less and except such sums as are otherwise dire cted to be paid by the14 clerk to another entity according to some other general law expressly providing for same,15 including, but not limited to, any sums pursuant to Code Section 15-6-61 and such sums16 H. B. 1337 - 1 - 26 LC 48 1669 as are collected pursuant to Code Section 15-6-77.4, 15-6-98, 3 6-15-9, 45-17-4, or17 47-14-51, which sums shall be remitted to such authorities as provided by law.18 (2) Except as otherwise provided in paragraph (3) of this subsection, fees, sums, or other19 remuneration for the performance of duties provided for under t he laws of the United20 States or regulations promulgated pursuant to such laws shall be as provided in such laws21 or regulations as personal compensation to the clerk of the sup erior court for the22 performance of such duties.23 (3)(A) Fees, sums, or other remuneration for the performance o f passport duties24 provided for under the laws of the United States or regulations promulgated pursuant25 to such laws, including, but not limited to, passport application or processing fees, shall26 be subject to the requirements and limitations of this paragrap h except as otherwise27 provided in such laws or regulations.28 (B) Where permissible by law, the clerk of the superior court shall be authorized to29 retain certain fees derived from the performance of passport du ties as personal30 compensation; provided, however, that the amount of personal compensation received31 from such fees, when combined with the annual salary received by such clerk from the32 county governing authority shall not exceed 95 percent of the a nnual salary received33 by a superior court judge as provided for in Code Section 15-6-29.34 (B)(C) The clerk of the superior court shall disclose in a written report to the county35 governing authority on a quarterly basis the total amount of all passport application or36 processing fees, sums, or other remuneration received by the such clerk during the37 previous quarter. Such disclosure shall specifically and clearly note whether any such38 fees, sums, or other remuneration retained by the clerk as pers onal compensation, in39 which case, such disclosure shall also be sent to the finance department of the county.40 (D) Any fees, sums, or other remuneration collected for the performance of passport41 duties, other than those provided for in subparagraph (B) of th is paragraph, shall be42 paid by the clerk of the superior court into the general fund of the county or retained by43 H. B. 1337 - 2 - 26 LC 48 1669 such clerk for purposes of maintaining and operating the office of the, provided that44 such funds are not used to:45 (i) Compensate or supplement the compensation of the clerk or any employee of the46 clerk's office; or47 (ii) Purchase nonwork related items or gifts for the clerk or any employee of the48 clerk's office.49 (E) The General Assembly may by local Act amend the allowable percentage of funds50 to be retained by the clerk of the superior court of the county pursuant to51 subparagraph (B) of this paragraph.52 (F) The clerk of the superior court shall be prohibited from c harging any additional53 passport application or processing fees other than fees specifically provided for under54 the laws of the United States or regulations promulgated pursuant to such laws."55 SECTION 2.56 Said title is further amended in Code Section 15-9-60, relating to fees of probate courts, by57 revising subsection (c.1) as follows:58 "(c.1)(1) Fees, sums, or other remuneration for the performance of passport duties59 provided for under the laws of the United States or regulations promulgated pursuant to60 such laws, including, but not limited to, passport application or processing fees, shall be61 subject to the requirements and limitations of this subsection to the extent not otherwise62 required in such laws or regulations.63 (2) Where permissible by law, the judge of the probate court shall be authorized to retain64 certain fees derived from the performance of passport duties as personal compensation;65 provided, however, that the amount of personal compensation received from such fees,66 when combined with the annual salary received by such judge from the county governing67 authority shall not exceed 95 percent of the annual salary rece ived by a superior court68 judge as provided for in Code Section 15-6-29.69 H. B. 1337 - 3 - 26 LC 48 1669 (2)(3) The judge of the probate court shall disclose in a written re port to the county70 governing authority on a quarterly basis the total amount of al l passport application or71 processing fees, sums, or other remuneration received by the such judge during the72 previous quarter. Such disclosure shall specifically and clear ly note whether any such73 fees, sums, or other remuneration retained by the judge as pers onal compensation, in74 which case, such disclosure shall also be sent to the finance department of the county.75 (4) Any fees, sums, or other remuneration collected for the pe rformance of passport76 duties, other than those provided for in paragraph (2) of this subsection, shall be paid by77 the judge of the probate court into the general fund of the cou nty or retained by such78 judge for purposes of maintaining and operating the office of t he judge, provided that79 such funds are not used to:80 (A) Compensate or supplement the compensation of the judge of the probate court or81 any employee of the probate court office; or82 (B) Purchase nonwork related items or gifts for the judge of the probate court or any83 employee of the probate court office.84 (5) The General Assembly may by local Act amend the allowable percentage of funds85 to be retained by the judge of the probate court pursuant to pa ragraph (2) of this86 subsection.87 (6) The judge of the probate court shall be prohibited from ch arging any additional88 passport application or processing fees other than fees specifically provided for under the89 laws of the United States or regulations promulgated pursuant to such laws."90 SECTION 3.91 This Act shall become effective on January 1, 2027.92 SECTION 4.93 All laws and parts of laws in conflict with this Act are repealed.94 H. 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