HB1478: HB1478 Court Technology Funding Act; enact

26 LC 47 4128 House Bill 1478 By: Representatives Santos of the 117th, Holly of the 116th, Douglas of the 78th, and Kahaian of the 81st 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 a technology fee to be collected under certain circ umstances; to provide for a2 short title; to provide for a purpose for such fees; to provide for imposition of additional civil3 filing fees and criminal penalties; to provide for adoption of county resolutions; to provide4 for a technology fund; to provide for technology plans; to provide for expenditure of funds5 collected; to preempt local Acts providing for technology fees; to provide for an effective6 date and applicability; to provide for related matters; to repeal conflicting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising11 Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges,12 additional fees, and cost in cases of partial payments into the court, as follows:13 H. B. 1478 - 1 - 26 LC 47 4128 "15-6-95.14 Notwithstanding any law to the cont rary, a clerk of any superio r court of this state who15 receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or16 costs shall distribute such sums in the order of priority set forth below:17 (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity18 and Benefit Fund;19 (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks'20 Retirement Fund of Georgia;21 (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund22 of Georgia;23 (4) The amount provided for in cases of driving under the influence for purposes of the24 Brain and Spinal Injury Trust Fund under Code Section 15-21-149 and the amount25 provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust26 Fund under Code Section 15-21-151;27 (5) The balance of the base fine owed to the county;28 (6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing;29 (7) The amounts provided under subparagraphs (a)(1)(A) and (a) (2)(A) of Code30 Section 15-21-73;31 (8) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code32 Section 15-21-73;33 (9) The amount provided for in Code Section 15-21-131 for fund ing local victim34 assistance programs;35 (10) The amount provided for in Code Section 36-15-9 for county law libraries;36 (11) The amount provided for in cases of driving under the influence for purposes of the37 Georgia Crime Victims Emergency Fund under Code Section 15-21-112;38 (12) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment39 and Education Fund;40 H. B. 1478 - 2 - 26 LC 47 4128 (13) The amount provided for in Code Section 15-21-208 for the Safe Harbor for41 Sexually Exploited Children Fund;42 (14) The amounts provided for in subsection (d) of Code Section 42-8-34; and43 (15) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6;44 and45 (16) The amounts provided for in Code Section 15-21-224 for technology funding."46 SECTION 2.47 Said title is further amended by adding a new article to Chapter 21, relating to payment and48 disposition of fines and forfeitures, as follows:49 "ARTICLE 1250 15-21-220.51 This article shall be known and may be cited as the 'Court Technology Funding Act.'52 15-21-221.53 (a) As used in this article, the term 'governing authority' means the body that governs the54 county, consolidated government, or municipality, as applicable.55 (b) This article is enacted in order to authorize the collection of additional civil filing fees56 and additional penalty assessments in criminal and traffic case s and cases involving57 violations of ordinances of political subdivisions so as to provide that the proceeds derived58 therefrom may be used for cour t related technology needs, in al l levels of courts in this59 state, for the use of the courts by the public, judges, prosecu ting attorneys, public60 defenders, attorneys providing indigent defense services, proba tion officers, law61 enforcement officers, and clerks and other court officers.62 H. B. 1478 - 3 - 26 LC 47 4128 15-21-222.63 (a) The chief judge of any court may initiate the development of a court technology plan. 64 Such technology plan may be developed in conjunction with other courts or jurisdictions65 throughout this state and shall outline how the fees collected pursuant to this article are to66 be utilized. The technology plan may cover any or all of the p urposes for the court67 technology fund as listed in subsection (b) of Code Section 15-21-225 but shall also be in68 accordance with Judicial Council of Georgia's technology standards, when applicable. If69 a technology plan involves more than one court, a single court clerk shall be selected to70 administer the court technology fund.71 (b) In order to collect a court technology fee as set forth in Code Sections 15-21-223 and72 15-21-224, the governing authority for the participating court must adopt a resolution73 placing this article in effect, requiring the imposition and collection of the additional fees74 and penalties set forth in Code Sections 15-21-223 and 15-21-224, and agreeing to expend75 the funds collected for the purposes provided for in this article. If such additional fees and76 penalties will be imposed in any court operated by a municipali ty, the municipality and77 county in which such municipality lies, shall memorialize such agreement in an78 intergovernmental contract. Approval shall be deemed to have been granted if a governing79 authority does not act within 30 days after a request for approval. The additional fees and80 penalties set forth in Code Sections 15-21-223 and 15-21-224 sh all not be imposed or81 collected until this subsection has been complied with.82 (c) The chief judge may delegate preparation and oversight of the technology plan to a83 court official or court technology board, the membership of such board to be determined84 by the chief judge. The members shall serve at the pleasure of the chief judge. After the85 technology plan has received governing authority approval, the official or technology board86 shall oversee the court technology plan and use of the technolo gy fund, including the87 approval, supervision, and oversight of the expenditure of all sums in the technology fund.88 H. B. 1478 - 4 - 26 LC 47 4128 (d) Court technology plans and amendments to such plans that are approved by governing89 authorities shall be reported to the Judicial Council of Georgia.90 15-21-223.91 (a) In addition to all other legal costs, there shall be charg ed to the filing party and92 collected by the clerk an additional filing fee not to exceed $ 5.00 in each civil action or93 case filed in the superior, state, recorder's, mayor's, and magistrate courts if this article has94 been placed in effect as provided in Code Section 15-21-222. W ithout limiting the95 generality of the foregoing, such fee shall apply to all adopti ons, certiorari, trade name96 registrations, applications for change of name, and all other proceedings of a civil nature. 97 Any matter which is docketed upon the official dockets of the e numerated courts and to98 which a number is assigned shall be subject to such fee, whether such matter is contested99 or not. Such fee shall not be imposed when a filing fee is wai ved by law or is paid by a100 municipality, county, political subdivisions, or the state.101 (b)(1) As used in this subsection, the term 'civil action' means:102 (A) With regard to decedents' estates, the following proceedings: petition for letters of103 administration; petition to probate a will in solemn form; petition for an order declaring104 no administration necessary; petition to probate a will in solemn form and for letters of105 administration with will annexed; and petition for year's support;106 (B) With regard to a minor guardianship matter as set forth in paragraph (1) of107 subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the108 probate court is first invoked;109 (C) With regard to an adult guardianship matter as set forth i n paragraph (1) of110 subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the111 probate court is first invoked; and112 (D) An application for writ of habeas corpus.113 H. B. 1478 - 5 - 26 LC 47 4128 (2) In addition to all other legal costs, there shall be charg ed to the filing party and114 collected by the clerk an additional fee not to exceed $5.00 in each civil action filed in115 the probate court if this article has been placed in effect as provided in Code116 Section 15-21-222. For the purposes of the imposition of the civil filing fee required by117 this subsection, the probate court shall collect the civil fili ng fee on each proceeding118 listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but119 once only in a guardianship matter involving the same ward or an application for writ of120 habeas corpus involving the same applicant.121 (c) Each clerk of court or any other officer or agent of any c ourt receiving any funds122 subject to this Code section shall collect the fee provided for in this Code section, and by123 the last day of the month after the month of collection pay the fees into a specially124 designated technology fund to be a dministered by the clerk of c ourt. The fund shall be125 separate from all other funds held by the clerk, and the chief judge shall determine how126 expenditures shall be approved as set forth in this article.127 (d) Any governing authority that approves a technology plan may request an audit of such128 fund.129 15-21-224.130 (a) In every case in which any superior court, state court, probate court, magistrate court,131 municipal court, or other court in any county or municipality in which this article has been132 placed in effect as provided in Code Section 15-21-222 shall impose a fine, which shall be133 construed to include costs, for any offense against a criminal or traffic law of this state or134 any ordinance of a political subdivision thereof, there shall b e imposed as an additional135 penalty not to exceed $5.00.136 (b) The sum provided by subsection (a) of this Code section sh all be in addition to any137 other amount required by law to paid from or added to a crimina l fine or ordinance138 violation.139 H. B. 1478 - 6 - 26 LC 47 4128 (c) Each clerk of court or any other officer or agent of any c ourt receiving any funds140 subject to this Code section shall collect the fee provided for in this Code section, and by141 the last day of the month after the month of collection pay the fees into a specially142 designated technology fund to be administered by the clerk of c ourt. The fund shall be143 separate from all other funds held by the clerk, and the chief judge shall determine how144 expenditures are approved as set forth in this article.145 (d) Any governing authority that approves a technology plan may request an audit of such146 fund.147 15-21-225.148 (a) The sums accumulated pursuant to this article shall be used exclusively to provide for149 the technology needs, in all levels of courts in this state, fo r the use of the courts by the150 public, judges, prosecuting attorneys, public defenders, attorn eys providing indigent151 defense services, probation officers, law enforcement officers, and clerks and other court152 officers of the court.153 (b) The use of the sums accumulated pursuant to this article m ay be expended for the154 following:155 (1) Securing the services of employees or independent contractors to manage, maintain,156 install, and repair computer and networking hardware and softwa re; to provide157 purchasing information and recommendations; to provide technica l assistance; to158 coordinate and manage network, internet, and other such data connections; and for any159 and all reasonable and necessary related tasks;160 (2) Computer hardware and software purchases and leases, including maintenance and161 installation of computer hardware and software;162 (3) Purchase, lease, maintenance, and installation of electron ic courthouse systems,163 including, but not limited to, imaging, scanning, facsimile, communications, projection,164 evidence display systems, courthouse directional displays, audio or video-enhancement165 H. B. 1478 - 7 - 26 LC 47 4128 technology for hearing impaired persons, security and surveillance systems, and printing166 equipment and software;167 (4) Purchase, lease, maintenance, and installation of networkin g, internet, and other168 connectivity services to permit related offices to link and share information;169 (5) Training directly related to the use of operation of court information technology170 applications or court information hardware; and171 (6) Contracts for any and all of the services provided for in this subsection with any172 individual or entity supplying such services, expertise, or equipment.173 (c) This article shall not preclude the appropriation or expen diture of other funds by a174 governing authority or by the General Assembly for the purpose of funding court related175 technology needs.176 (d) This article shall not preclude donations, gifts, grants, or bequests, in-kind or monetary,177 from being accepted into the technology fund.178 15-21-226.179 Beginning August 1, 2028, each court shall make an annual report to the Judicial Council180 of Georgia detailing amounts received pursuant to this article, including the court source181 and the expenditure of such fees.182 15-21-227.183 Except as provided in this Code section, on and after July 1, 2027, no local law providing184 for court technology fees shall be enacted, and all local Acts creating technology fees are185 hereby preempted. Funds held by a court pursuant to a local Act enacted prior to July 1,186 2027, may continue to be used in the same manner and for the same purposes provided in187 any such previously enacted local Act, except that, in any court in which a technology plan188 is adopted pursuant to this article, the previously collected funds may be held and used in189 accordance with such technology plan."190 H. B. 1478 - 8 - 26 LC 47 4128 SECTION 3.191 This Act shall become effective on July 1, 2027, and shall apply to all civil cases filed on or192 after that date and all criminal penalties or ordinance violation penalties imposed on offenses193 that occur on or after that date, if the provisions of this Act have been adopted by local194 governing authorities as provided in Code Section 15-21-222.195 SECTION 4.196 All laws and parts of laws in conflict with this Act are repealed.197 H. B. 1478 - 9 -