HB1504: HB1504 Dekalb County; State Court; authorize the charge and collection of technology fees

26 HB 1504/AP House Bill 1504 (AS PASSED HOUSE AND SENATE) By: Representatives Crawford of the 89th, Tran of the 80th, Drenner of the 85th, Lupton of the 83rd, Mitchell of the 88th, and others A BILL TO BE ENTITLED AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil1 and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401),2 as amended, particularly by an Act approved May 3, 2021 (Ga. L. 2021, p. 3624), so as to3 authorize the charge and collection of technology fees; to provide for a court administrator;4 to revise provisions related to compensation; to provide for re lated matters; to repeal5 conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act creating the State Court of DeKalb County, formerly know n as the Civil and9 Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as10 amended, particularly by an Act approved May 3, 2021 (Ga. L. 2021, p. 3624), is amended11 by adding a new section to read as follows:12 "SECTION 11B.3.13 (a) The clerk of the State Court of DeKalb County is authorize d to charge and collect a14 technology fee to be set by majority vote of the judges of the state court in an amount not15 H. B. 1504 - 1 - 26 HB 1504/AP to exceed $50.00 for the filing of each civil action with the court. Funds collected pursuant16 to this authorization shall be maintained in a segregated account by the clerk of the state17 court and shall be used only for the benefit of the state court for purposes authorized in this18 section.19 (b) The clerk of the Magistrate Court of DeKalb County is authorized to charge and collect20 a technology fee to be set by the chief magistrate in an amount not to exceed $50.00 for the21 filing of each civil action with the court. Funds collected pursuant to this authorization shall22 be maintained in a segregated account by the clerk of the magistrate court and shall be used23 only for the benefit of the magistrate court for purposes authorized in this section.24 (c) The technology fees authorized by this section shall be us ed exclusively for the25 technological needs of the court collecting the fee and shall be used only for the following26 purposes:27 (1) Computer hardware and software purchases;28 (2) Lease, maintenance, and installation of computer hardware and software;29 (3) Purchase, lease, maintenance, and installation of imaging, scanning, facsimile,30 communications, projection, and printing equipment and software; and31 (4) Procurement of services and equipment for the conservation of court records and32 archiving the same to digital contents for public access."33 SECTION 2.34 Said Act is further amended by adding a new section to read as follows:35 "SECTION 20.1.36 (a) The court administrator of the State Court and Magistrate Court of DeKalb County37 shall be appointed by and may only be removed by a vote of at l east eight judges of the38 state court, and the chief magistrate.39 H. B. 1504 - 2 - 26 HB 1504/AP (b) Upon the position of court administrator becoming vacant, the chief judge, the40 presiding judge of Division B, and the chief magistrate of DeKalb County shall meet and41 nominate a person to serve as court administrator. Such nomination must be unanimous and42 shall be subject to approval as provided for in subsection (a) of this section.43 (c) The court administrator on the effective date of this section shall remain in that position44 unless he or she resigns or is removed pursuant to subsection (a) of this section.45 (d) The court administrator shall have the authority to appoin t and remove such court46 administration personnel as he or she deems necessary.47 (e) The court administrator shall have primary administrative responsibility for the budget,48 fiscal affairs, purchasing, human resources, payroll, facilitie s management and projects,49 information technology, court interpreters, accountability court programs, and government50 relations of the State Court and Magistrate Court of DeKalb County, subject to direction51 by the judges in a manner consistent with this Act.52 (f) If the chief magistrate elects to appoint a separate court administrator to serve the53 Magistrate Court of DeKalb County, or if at least eight judges of the state court elect to54 appoint a separate court administrator to serve the State Court of DeKalb County, the chief55 magistrate shall cease to participate in and shall not be counted regarding the appointment,56 removal, and nomination processes established in subsections (a) and (b) of this section."57 SECTION 3.58 Said Act is further amended by revising Section 21.2 as follows:59 "SECTION 21.2.60 (a) As used in this section, the term 'State Court of DeKalb County' shall also mean 'State61 Court and Magistrate Court of DeKalb County' if applicable to a specific position.62 (b) Each judge of the State Court of DeKalb County, the chief magistrate and each63 associate magistrate of DeKalb County, the judge of the Probate Court of DeKalb County,64 H. B. 1504 - 3 - 26 HB 1504/AP and each judge of the Juvenile Court of DeKalb County shall rec eive the compensation65 provided in the Act providing for the compensation of certain county officers and officials66 of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, and shall67 also receive the following benefits and supplemental compensation provided to employees68 of DeKalb County: health insurance, dental insurance, life insu rance, vision insurance,69 flexible benefits, retirement benefits, and longevity pay. Eac h elected judge or elected70 judicial officer identified in this subsection shall also recei ve from DeKalb County a71 monthly supplement in a gross amount equal to his or her monthly employee contributions72 to any state or county pension plan, less applicable taxes and withholdings.73 (c) The court administrator of the State Court of DeKalb County shall be paid an annual74 salary equal to 90 percent of the annual salary paid to the cou rt administrator of the75 Superior Court of DeKalb County, not including any longevity pay furnished to the court76 administrator of the Superior Court of DeKalb County; provided, however, that the annual77 salary of an individual serving as court administrator of the State Court of DeKalb County78 shall not be reduced while he or she continues to serve in that position.79 (d) The clerk of the State Court of DeKalb County shall be pai d an annual salary equal80 to 90 percent of the annual salary paid to the court administra tor of the State Court of81 DeKalb County, not including any longevity pay furnished to the court administrator of the82 State Court of DeKalb County; provided, however, that the annual salary of an individual83 serving as clerk of the State Court of DeKalb County shall not be reduced while he or she84 continues to serve in that position.85 (e) The marshal and the chief probation officer of the State Court of DeKalb County shall86 each be paid an annual salary established by the judges of the State Court of DeKalb87 County, subject to funding and administrative approval by the g overning authority of88 DeKalb County.89 (f) Unless provided otherwise in the Act providing for the compensation of certain county90 officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986),91 H. B. 1504 - 4 - 26 HB 1504/AP as amended, the annual salaries provided in this section shall be paid in equal biweekly92 installments from funds of DeKalb County.93 (g) The court administrator, the clerk, the marshal, and the chief probation officer of the94 State Court of DeKalb County shall be provided all benefits and supplemental95 compensation generally available to employees of DeKalb County, including, but not96 limited to, health insurance, dental insurance, life insurance, vision insurance, flexible97 benefits, retirement benefits, longevity pay, cost of living adjustments, incentives, annual98 leave, and sick leave."99 SECTION 4.100 All laws and parts of laws in conflict with this Act are repealed.101 H. B. 1504 - 5 -