SB606: SB606 "District Attorney Compensation Reform Act"; enact

26 LC 47 4151S The Senate Special Committee on Investigations offered the following substitute to SB 606: 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 revise the minimum compensation of assistant district attorneys ; to amend Code Section11 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state12 officials and cost-of-living adjustments, so as to revise provisions relating to calculating and13 setting the salaries of district attorneys; to revise superseded provisions related to the salary14 of the judge of the state-wide tax court; to amend Chapter 3 of Title 1 of the Official Code15 of Georgia Annotated, relating to laws and statutes, so as to suspend the operation of local16 laws or local ordinances or resolutions that use a district attorney's salary for the calculation17 of the salary or compensation of other officers, officials, or employees; to provide for an18 - 1 - 26 LC 47 4151S automatic lifting of such suspension relative to judges; to pre serve the authority of the19 General Assembly to amend or repeal such suspended local laws; to preserve the authority20 of local governments to use other mechanisms to change salary c alculation during such21 suspension; to provide for legislative findings and intent; to provide for legislative22 construction; to provide a short title; to provide for an effective date; to provide for related23 matters; to repeal conflicting laws; and for other purposes.24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25 SECTION 1.26 This Act shall be known and may be cited as the "District Attorney Compensation Reform27 Act."28 SECTION 2.29 Article 1 of Chapter 18 of Title 15 of the Official Code of Geo rgia Annotated, relating to30 general provisions regarding prosecuting attorneys, is amended by revising Code Section31 15-18-10, relating to compensation of district attorneys and pr ivate practice of law32 prohibited, as follows:33 "15-18-10.34 (a) Except as provided for in subsection (b) of this Code sect ion, each Each district35 attorney shall receive an annual salary from state funds as prescribed by law. Such salary36 shall be paid as provided in Code Sections 15-18-10.1, 15-18-10 .2, a n d 15-18-19,37 and 45-7-4.38 (b)(1) Each district attorney in office on July 1, 2026, shall have the option to receive the39 annual salary provided by Code Section 45-7-4 and any locality pay provided by this40 Code section and Code Section 15-18-19 in lieu of his or her co mpensation which is41 otherwise provided by laws in effect on June 30, 2026. The opt ion provided by this42 - 2 - 26 LC 47 4151S paragraph shall be exercised by such district attorney's filing a written notification thereof43 with the Prosecuting Attorneys' Council of Georgia and the governing authority of each44 county comprising such district attorney's judicial circuit. A district attorney in office on45 July 1, 2026, shall not be required or obligated to exercise th e option provided by this46 paragraph, but if and when any such district attorney voluntarily and expressly exercises47 such option, such district attorney's exercise of such option shall be final and irrevocable. 48 The failure to exercise the option shall be an election to continue to receive compensation49 as previously calculated by law in effect on June 30, 2026, and as outlined in50 paragraph (2) of this subsection, and until such option is exercised; provided, however,51 that such option must be exercised no later than January 1, 2028. The option exercised52 pursuant to this paragraph shall go into effect the next pay period beginning five business53 days following the exercise of such option.54 (2) To ensure that no district attorney in office on July 1, 2 026, has his or her salary,55 allowance, or county supplements decreased during his or her term of office, any district56 attorney in office on July 1, 2026, who does not exercise the irrevocable option provided57 by paragraph (1) of this subsection shall continue to be compen sated in precisely the58 same manner as he or she was compensated as of June 30, 2026, i ncluding, but not59 limited to, county supplements, in accordance with Article VI, Section VIII,60 Paragraph I (c) of the Constitution.61 (3) For the purpose of this Code section and Code Section 15-18-10.2, an interim district62 attorney serving on July 1, 2026, shall be treated in the same manner as an elected district63 attorney related to any options such district attorneys have as to their compensation.64 The county or counties comprising the judicial circuit may supp lement the salary of the65 district attorney in such amount as is or may be authorized by local Act or in such amount66 as may be determined by the governing authority of such county or counties, whichever is67 greater.68 - 3 - 26 LC 47 4151S (c) The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments69 and remit the same to the county treasury by the fifteenth day of each month.70 (d) No district attorney receiving an annual salary under this Code section shall engage in71 the private practice of law."72 SECTION 3.73 Said article is further amended in Code Section 15-18-10.1, relating to annual accountability74 supplement and exception, by repealing subsection (d).75 SECTION 4.76 Said article is further amended by adding a new Code section to read as follows:77 "15-18-10.2.78 (a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2026,79 the county or counties comprising a judicial circuit may provid e the district attorney of80 such circuit, who either was not in office as a district attorney as of July 1, 2026, or made81 an irrevocable election authorized by paragraph (1) of subsecti on (b) of Code82 Section 15-18-10, with locality pay as authorized by this Code section, and such district83 attorneys shall not be eligible for county salary supplements p rovided by local Act. All84 such locality pay shall be in lieu of and not in addition to an y county supplements85 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 following percent of the state annual salary paid to a district attorney pursuant to Code89 Section 45-7-4:90 (1) Ten percent if the judicial circuit has four or fewer superior court judges;91 (2) Fifteen percent if the judicial circuit has between five and nine superior court judges;92 or93 - 4 - 26 LC 47 4151S (3) Twenty percent if the judicial circuit has ten or more superior court judges.94 (c) Except as provided for in subsection (b) of Code Section 15-18-10 and subsection (d)95 of this Code section and notwithstanding any other provision of law to the contrary, on and96 after July 1, 2026, no county or counties comprising a judicial circuit shall provide county97 salary supplements to a district attorney.98 (d)(1) Nothing in subsection (c) of this Code section shall operate to prevent a county or99 counties comprising a judicial circuit from providing a local salary supplement when the100 district attorney of that judicial circuit enters into a contract with said county or counties101 to act as the solicitor of a county's probate or magistrate cou rt, or for supplements of102 compensation for services under Code Sections 15-18-11 and 19-11-23.103 (2) For all district attorneys who elect to exercise the option provided by paragraph (1)104 of subsection (b) of Code Section 15-18-10, to the extent the aggregate salary provided105 for by subsection (a) of Code Section 15-18-10 and locality pay provided for by106 subsection (a) of this Code section to a particular district attorney do not equal or exceed107 such district attorney's aggregate salary and local supplement in effect at the time of such108 district attorney's exercise of such option, then the county or counties of the circuit shall109 pay an additional supplement in the amount equal to the difference between the aggregate110 salary and supplement in effect at the time of such district at torney's exercise of such111 option and the aggregate salary provided for by subsection (a) of Code Section 15-18-10112 and locality pay provided for by subsection (a) of this Code section. When an additional113 supplement is required by this paragraph in a circuit consisting of more than one county,114 then each county shall pay such additional supplement in propor tion to each county's115 contribution to the local supplement in effect at the time of s uch district attorney's116 exercise of the option to participate. In no event shall the additional supplement required117 by this paragraph result in a district attorney's aggregate salary that exceeds the aggregate118 salary existing at the time of a district attorney's exercise of such option.119 - 5 - 26 LC 47 4151S (e) Nothing in subsection (c) of this Code section shall opera te to prevent a county or120 counties comprising a judicial circuit from continuing to provi de fringe benefits to the121 district attorney of such circuit in the same manner that such benefits were provided on122 June 30, 2026.123 (f) Nothing in this Code section or subsection (b) of Code Section 15-18-10 shall operate124 to alter, amend, contract, expand, extend, limit, modify, or te rminate retirement benefits125 or rights thereto in existence prior to July 1, 2026. All district attorneys who exercise the126 option provided by paragraph (1) of subsection (b) of Code Section 15-18-10 shall have no127 right to any benefit existing at the time such option is exerci sed reduced. To the extent128 otherwise permitted by law, each county within a judicial circu it is authorized, but not129 required, to provide retirement benefits based upon the locality pay it provides pursuant to130 subsection (a) of this Code section."131 SECTION 5.132 Said article is further amended in Code Section 15-18-14, relating to appointment of assistant133 district attorneys, qualifications, and compensation, by revising subsection (c) and adding a134 new subsection to read as follows:135 "(c) Each attorney appointed pursuant to this Code section shall be compensated based on136 a salary schedule established in accordance with subsection (e) of Code Section 15-18-19. 137 The salary range for each class established in accordance with subsection (b) of this Code138 section shall be as follows for fiscal year 2027:139 (1) Assistant district attorney I. Not less than $38,124.00 $78,000.00 nor more than 65140 percent of the compensation of the district attorney;141 (2) Assistant district attorney II. Not less than $40,884.00 $110,000.00 nor more than142 70 percent of the compensation of the district attorney;143 (3) Assistant district attorney III. Not less than $45,108.00 $130,000.00 nor more than144 80 percent of the compensation of the district attorney; and145 - 6 - 26 LC 47 4151S (4) Assistant district attorney IV. Not less than $52,176.00 $160,000.00.146 (c.1) Each attorney appointed pursuant to this Code section shall be compensated based147 on a salary schedule established in accordance with subsection (e) of Code Section148 15-18-19. The salary range for each class established in accor dance with subsection (b)149 of this Code section shall be as follows for fiscal year 2028:150 (1) Assistant district attorney I. Not less than $85,000.00 nor more than 65 percent of151 the compensation of the district attorney;152 (2) Assistant district attorney II. Not less than $125,000.00 nor more than 70 percent of153 the compensation of the district attorney;154 (3) Assistant district attorney III. Not less than $150,000.00 nor more than 80 percent155 of the compensation of the district attorney; and156 (4) Assistant district attorney IV. Not less than $185,000.00."157 SECTION 6.158 Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries159 of certain state officials, cost-of-living adjustments, and bas e-salary of certain judges, as160 effective on July 1, 2026, is amended by repealing and reserving paragraphs (19.2) and (21)161 of subsection (a) and by adding a new paragraph to subsection (d) to read as follows:162 "(3) Except as provided for in subsection (b) of Code Section 15-18-10, the annual salary163 of each district attorney shall be set by the General Assembly in the General164 Appropriations Act, provided that such salary shall not exceed 98 percent of the salary165 provided for in paragraph (2) of this subsection."166 SECTION 7.167 Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,168 is amended by adding a new Code section to read as follows:169 - 7 - 26 LC 47 4151S "1-3-13.170 (a)(1) Notwithstanding any provision of law to the contrary, e xcept for Code Section171 17-12-25, as of July 1, 2026, all local laws and local ordinances or resolutions in effect172 as of such date that provide for a salary, supplement, or other compensation to be paid to173 a state, county, or local officer, official, or employee based on a percentage of, total174 compensation for, or similar mathematical relationship to any district attorney's salary,175 supplement, or other compensation shall be suspended as a matter of law with respect to176 any increase in the salary, supplement, or other compensation paid to a district attorney177 during the term of such suspension; provided, however, that such suspension shall not be178 applicable to any local law or local ordinance or resolution adopted after July 1, 2026.179 (2) During the period of the suspension provided for in paragraph (1) of this subsection:180 (A) No change in the salary of a district attorney shall resul t in a change in the181 calculation of any compensation to be paid to a state, county, or local officer, official,182 or employee by any county, municipality, consolidated government, or other political183 subdivision; and184 (B) The compensation paid to any state, county, or local officer, official, or employee185 whose compensation is expressly based on a percentage of, total compensation for, or186 similar mathematical relationship to a district attorney's sala ry, supplement, or other187 compensation shall remain at the same amount as provided at the beginning of such188 period of suspension, unless and until such suspension terminates with respect to such189 individual pursuant to paragraph (1) of subsection (b) of this Code section or the190 compensation paid to any such state, county, or local officer, official, or employee is191 modified pursuant to subsection (c) of this Code section.192 (3) The provisions of this subsection shall not repeal or amen d any local law or local193 ordinance or resolution, but the provisions of local laws or local ordinances or resolutions194 related to calculating compensation based on a district attorney's salary, supplement, or195 other compensation shall be merely suspended and shall remain suspended with respect196 - 8 - 26 LC 47 4151S to any change in such compensation until such suspension is lifted or such compensation197 is modified pursuant to subsection (b) or (c) of this Code section with respect to a given198 public officer, official, or employee.199 (b)(1) As of July 1, 2027, the suspension provided for in subs ection (a) of this Code200 section shall be terminated with respect to all judges. Any salary or compensation change201 for a judge that otherwise would have gone into effect between July 1, 2026, and202 June 30, 2027, by operation of a lo cal law or local ordinance o r resolution if such203 suspension had not been in effect shall become effective for calculations of such judge's204 prospective salary or other compensation that may be earned on or after July 1, 2027,205 unless the local law or local ordinance or resolution that prov ides for a salary,206 supplement, or other compensation to be paid to such judge is r epealed prior to207 July 1, 2027, or is amended, prior to July 1, 2027, to expressly modify the terms of such208 judge's compensation.209 (2) The suspension provided for in subsection (a) of this Code section shall remain in210 place for all officers, officials, and employees described in paragraph (1) of subsection (a)211 of this Code section other than judges, unless and until the compensation payable to any212 such other officer, official, or employee is modified pursuant to subsection (c) of this213 Code section.214 (3) The termination of a suspension provided for in subsection (a) of this Code section215 shall not entitle any person to retroactive compensation that he or she otherwise may have216 earned except for such suspension, and no such retroactive payments shall be made.217 (c)(1) Nothing in this Code section shall operate to prevent the General Assembly from218 at any time repealing or amending, in whole or in part, any loc al law that is suspended219 pursuant to subsection (a) of this Code section, and any such repeal or amendment shall220 become effective in the time and manner stated in the law implementing such repeal or221 amendment, without regard to the suspension provided for in this Code section.222 - 9 - 26 LC 47 4151S (2) Nothing in this Code section shall operate to prevent a co unty, municipality,223 consolidated government, or other political subdivision from, at any time, enacting any224 salary, supplement, or other compensation changes for any state, county, or local officer,225 official, or employee if otherwise authorized by general or local law, and any such change226 shall become effective in the time and manner stated in such lawful enactment, without227 regard to the suspension provided for in this Code section.228 (3) In no event shall any action described in paragraph (1) or (2) of this subsection:229 (A) Authorize the payment of or entitle any district attorney to any salary supplement230 or any locality pay in excess of the limits set forth in Code Section 15-8-10.2; or231 (B) Authorize the payment of or entitle any person to retroactive compensation that he232 or she otherwise may have earned except for any period of suspension.233 (d) The General Assembly finds that increases to district atto rney's compensation that234 become effective on or after J uly 1, 2026, may automatically tr igger increases to other235 public officers, officials, and employees for whom existing legislation automatically ties236 their compensation to that of district attorneys, and that thes e automatic increases in237 compensation would generally result in sudden financial hardship for local governments. 238 Accordingly, it is the intent of this Code section that:239 (1) The salary of any state, county, or local officer, official, or employee whose salary,240 supplement, or other compensation is based on a percentage of, total compensation for,241 or similar mathematical relationship to a district attorney's s alary or supplement shall,242 during the period of any such suspension imposed by this Code section, remain the same243 as such salary, supplement, or other compensation was at the beginning of such period;244 (2) Such state, county, or local officer, official, or employe e shall continue to receive245 such salary, supplement, or other compensation during the period of such suspension at246 the same rate or amount as at the beginning of such period; and247 - 10 - 26 LC 47 4151S (3) The amount of such salary, supplement, or other compensati on shall remain248 unchanged until the occurrence of an event described in subsections (a) through (c) of this249 Code section, which includes:250 (A) Such suspension being terminated pursuant to this Code section;251 (B) With respect to a salary, supplement, or other compensation set by local law, the252 General Assembly takes some affirmative action to set the salary, supplement, or other253 compensation by repealing or amending, in whole or in part, any local law that is254 suspended pursuant to subsection (a) of this Code section and s uch repeal or255 amendment becomes effective; or256 (C) With respect to a salary, supplement, or other compensation set by local ordinance257 or resolution, the county, municipality, consolidated, or other local government takes258 some affirmative action to set the salary, supplement, or other compensation and such259 action becomes effective.260 (e) This Code section shall not affect the compensation paid to any circuit public defender261 pursuant to Code Section 17-12-25."262 SECTION 8.263 This Act shall become effective on July 1, 2026.264 SECTION 9.265 All laws and parts of laws in conflict with this Act are repealed.266 - 11 -