| 6 | | - | To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to1 |
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| 7 | | - | coroners, so as to provide minimum salaries of coroners; to revise compensation provisions2 |
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| 8 | | - | for deputy coroners; to provide for benefits to certain coroners; to remove certain death3 |
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| 9 | | - | investigation fees; to provide for related matters; to provide for an effective date; to repeal4 |
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| 10 | | - | conflicting laws; and for other purposes.5 |
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| 11 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 12 | | - | SECTION 1.7 |
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| 13 | | - | Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is8 |
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| 14 | | - | amended by revising Code Section 45-16-7, relating to appointment of deputy coroners, oath,9 |
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| 15 | | - | bond, fees, powers, and qualifications, as follows:10 |
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| 16 | | - | "45-16-7.11 |
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| 17 | | - | (a) As soon as practicable after July 1, 1980, and at At the beginning of each term of the12 |
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| 18 | | - | coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners 13 |
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| 19 | | - | thereafter, the coroner of each county shall appoint a deputy coroner or coroners as14 |
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| 20 | | - | provided in this Code section. A deputy coroner shall be appointed for each county, and15 |
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| 21 | | - | one or more additional deputy coroners may be appointed for any county, in the discretion16 |
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| 22 | | - | S. B. 138 (SUB) |
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| 23 | | - | - 1 - 24 LC 47 3102S |
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| 24 | | - | of the coroner pursuant to the provisions of subsection (c) of this Code section. Each17 |
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| 25 | | - | deputy coroner shall serve at the pleasure of the coroner and may be replaced by the18 |
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| 26 | | - | coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be19 |
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| 27 | | - | entitled to the same fees, and have the same powers as the coroner;, but a deputy coroner20 |
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| 28 | | - | shall act as coroner only when the coroner is himself or herself unable to act.21 |
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| 29 | | - | (b) No person shall be eligible to hold the office of deputy coroner unless he or she holds22 |
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| 30 | | - | a high school diploma or its recognized equivalent. Any deputy coroner who is in office23 |
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| 31 | | - | on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at24 |
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| 32 | | - | any time after said date without regard to whether he or she meets the requirements of this25 |
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| 33 | | - | subsection.26 |
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| 34 | | - | (c) Notwithstanding any law to the contrary, there shall be appointed only one deputy27 |
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| 35 | | - | coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such28 |
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| 36 | | - | county unless otherwise approved by the local governing authority of the county.29 |
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| 37 | | - | (d) Deputy coroners shall receive a fee of at least $250.00 for each case that he or she30 |
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| 38 | | - | works.31 |
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| 39 | | - | (e) As of January 1, 2026, any deputy coroner being compensated by a county in an32 |
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| 40 | | - | amount greater than the compensation formulas provided in subsection (d) of this Code33 |
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| 41 | | - | section shall not have their compensation reduced for the remainder of the term of the34 |
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| 42 | | - | coroner."35 |
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| 43 | | - | SECTION 2.36 |
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| 44 | | - | Said chapter is further amended by revising Code Section 45-16-11, relating to compensation37 |
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| 45 | | - | of county coroners, increases, calculation, supplements, and expenses, as follows:38 |
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| 46 | | - | "45-16-11.39 |
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| 47 | | - | (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each40 |
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| 48 | | - | coroner in any of the counties in this state in the following population brackets shall be41 |
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| 49 | | - | fixed according to the population of the county in which he or she serves, as determined42 |
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| 50 | | - | S. B. 138 (SUB) |
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| 51 | | - | - 2 - 24 LC 47 3102S |
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| 52 | | - | by the United States decennial census of 1990 2020 or any future such census. Except43 |
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| 53 | | - | as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive44 |
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| 54 | | - | an annual salary, payable in equal monthly installments from the funds of the coroner's45 |
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| 55 | | - | county, of not less than the amount fixed in the following schedule:46 |
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| 56 | | - | Population Minimum Salary47 |
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| 57 | | - | 0 — 11,889..........................................48 $ 1,200.00 |
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| 58 | | - | 11,890 — 19,999..........................................49 2,400.00 |
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| 59 | | - | 20,000 — 34,999..........................................50 3,600.00 |
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| 60 | | - | 0 — 5,999..........................................51 $17,700.00 |
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| 61 | | - | 6,000 — 11,889..........................................52 $20,000.00 |
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| 62 | | - | 11,890 — 19,999..........................................53 $25,000.00 |
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| 63 | | - | 20,000 — 28,999..........................................54 $30,000.00 |
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| 64 | | - | 29,000 — 38,999..........................................55 $35,000.00 |
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| 65 | | - | 39,000 — 49,999..........................................56 $40,000.00 |
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| 66 | | - | 50,000 — 74,999..........................................57 $45,000.00 |
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| 67 | | - | 75,000 — 99,999..........................................58 $50,000.00 |
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| 68 | | - | 100,000 — 149,999..........................................59 $55,000.00 |
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| 69 | | - | 150,000 — 199,999..........................................60 $70,000.00 |
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| 70 | | - | 200,000 — 249,000..........................................61 $80,000.00 |
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| 71 | | - | 250,000 — 299,999..........................................62 $90,000.00 |
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| 72 | | - | 300,000 — 399,999..........................................63 $95,000.00 |
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| 73 | | - | 400,000 — 499,999..........................................64 $100,000.00 |
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| 74 | | - | 500,000 or more.............................................65 $105,000.00 |
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| 75 | | - | (2) Whenever, after January 1, 2026, the state employees subject to compensation plans66 |
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| 76 | | - | authorized and approved in accordance with Code Section 45-20-4 receive a67 |
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| 77 | | - | cost-of-living increase or general performance based increase of a certain percentage or68 |
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| 78 | | - | S. B. 138 (SUB) |
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| 79 | | - | - 3 - 24 LC 47 3102S |
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| 80 | | - | a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of69 |
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| 81 | | - | this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing70 |
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| 82 | | - | each of said amounts through the application of longevity increases pursuant to71 |
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| 83 | | - | subsection (b) of this Code section, where applicable, shall be increased by the same72 |
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| 84 | | - | percentage or same amount applicable to such state employees. If the cost-of-living73 |
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| 85 | | - | increase or general performance based increase received by state employees is in different74 |
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| 86 | | - | percentages or different amounts as to certain categories of employees, the amounts fixed75 |
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| 87 | | - | in the minimum salary schedule in paragraph (1) of this subsection, and in Code76 |
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| 88 | | - | Section 45-16-11.1, or the amounts derived through the application of longevity77 |
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| 89 | | - | increases, shall be increased by a percentage or an amount not to exceed the average78 |
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| 90 | | - | percentage or average amount of the general increase in salary granted to the state79 |
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| 91 | | - | employees. The Office of Planning and Budget shall calculate the average percentage80 |
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| 92 | | - | increase or average amount increase when necessary. The periodic changes in the81 |
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| 93 | | - | amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and82 |
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| 94 | | - | in Code Section 45-16-11.1, or the amounts derived through the application of longevity83 |
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| 95 | | - | increases, as authorized by this paragraph shall become effective on the first day of84 |
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| 96 | | - | January following the date that the cost-of-living increases received by state employees85 |
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| 97 | | - | become effective; provided, however, that if the cost-of-living increases or general86 |
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| 98 | | - | performance based increases received by state employees become effective on January 1,87 |
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| 99 | | - | such periodic changes in the amounts fixed in the minimum salary schedule in88 |
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| 100 | | - | paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived89 |
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| 101 | | - | through the application of longevity increases, as authorized by this paragraph shall90 |
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| 102 | | - | become effective on the same date that the cost-of-living increases or general91 |
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| 103 | | - | performance based increases received by state employees become effective.92 |
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| 104 | | - | (2.1) Longevity increases that occurred prior to January 1, 2026, shall not be applicable93 |
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| 105 | | - | to any salary calculated under this Code section on or after January 1, 2026.94 |
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| 106 | | - | S. B. 138 (SUB) |
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| 107 | | - | - 4 - 24 LC 47 3102S |
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| 108 | | - | (3) The county governing authority may supplement the minimum annual salary of the95 |
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| 109 | | - | coroner in such amount as it may fix from time to time; but no coroner's compensation96 |
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| 110 | | - | supplement shall be decreased during any term of office. Any prior expenditure of97 |
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| 111 | | - | county funds to supplement the coroner's salary in the manner authorized by this98 |
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| 112 | | - | paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit99 |
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| 113 | | - | the General Assembly by local law from supplementing the annual salary of the coroner.100 |
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| 114 | | - | (a.1) In the event that the coroner or his or her immediate predecessor spent at least 2,080101 |
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| 115 | | - | hours on duties related to his or her role as the coroner and the coroner's office in such102 |
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| 116 | | - | county administered at least 100 death investigations in the preceding calendar year, the103 |
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| 117 | | - | county governing authority shall provide the coroner the same employment benefits it104 |
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| 118 | | - | provides the clerk of the superior court, judge of the probate court, sheriff, or tax105 |
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| 119 | | - | commissioner.106 |
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| 120 | | - | (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code107 |
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| 121 | | - | Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section,108 |
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| 122 | | - | shall be increased by multiplying said amounts by the percentage which equals 5 percent109 |
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| 123 | | - | times the number of completed four-year terms of office served by any coroner after110 |
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| 124 | | - | December 31, 2000 2025, effective the first day of January following the completion of111 |
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| 125 | | - | each such period of service.112 |
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| 126 | | - | (c) The minimum salaries provided for under this Code section shall be in addition to any113 |
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| 127 | | - | fees, including the death investigation fee provided for under subsection (b) of Code114 |
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| 128 | | - | Section 45-16-27, paid by the county governing authority to the coroner on a per-call basis115 |
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| 129 | | - | and in addition to any expenses Reserved.116 |
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| 130 | | - | (d) The minimum salaries provided for in this Code section shall be considered as salary117 |
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| 131 | | - | only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary118 |
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| 132 | | - | and reasonable expenses for the operation of a coroner's office shall come from funds other119 |
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| 133 | | - | than the funds specified as salary in this Code section.120 |
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| 134 | | - | S. B. 138 (SUB) |
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| 135 | | - | - 5 - 24 LC 47 3102S |
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| 136 | | - | (e) This Code section shall not be construed to reduce the salary of any coroner in office121 |
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| 137 | | - | on July 1, 2001; provided, however, that successors to such coroners in office on July 1,122 |
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| 138 | | - | 2001, Terms of office beginning on or after January 1, 2026, shall be governed by the123 |
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| 139 | | - | provisions of this Code section. All local legislation in effect on July 1, 2001 January 1,124 |
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| 140 | | - | 2026, or enacted thereafter affecting compensation for coroners of the various counties125 |
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| 141 | | - | shall be of full force and effect except where the same provides for a salary lower than126 |
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| 142 | | - | provided in this Code section, in which event this Code section shall prevail."127 |
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| 143 | | - | SECTION 3.128 |
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| 144 | | - | Said chapter is further amended by repealing subsection (b) of Code Section 45-16-27,129 |
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| 145 | | - | relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas,130 |
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| 146 | | - | cost of copying, and limited disclosure of photographs, and designating said subsection as131 |
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| 147 | | - | reserved.132 |
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| 148 | | - | SECTION 4.133 |
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| 149 | | - | This Act shall become effective on January 1, 2026.134 |
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| 150 | | - | SECTION 5.135 |
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| 151 | | - | All laws and parts of laws in conflict with this Act are repealed.136 |
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| 152 | | - | S. B. 138 (SUB) |
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| 153 | | - | - 6 - |
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| 10 | + | To amend Code Sections 15-16-8 and 45-5-6 of the Official Code of Georgia Annotated, |
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| 11 | + | 1 |
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| 12 | + | relating to how vacancies filled, failure to appoint, and certification required and public2 |
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| 13 | + | official investigated by special commission upon indictment, gubernatorial review if3 |
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| 14 | + | commission recommends suspension, suspension, reinstatement, and replacement or4 |
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| 15 | + | temporary officer, respectively, so as to revise the procedure for filling vacancies in the5 |
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| 16 | + | office of sheriff; to provide for related matters; to repeal conflicting laws; and for other6 |
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| 17 | + | purposes.7 |
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| 18 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 19 | + | SECTION 1.9 |
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| 20 | + | Code Section 15-16-8 of the Official Code of Georgia Annotated, relating to how vacancies10 |
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| 21 | + | filled, failure to appoint, and certification required, is amended as follows:11 |
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| 22 | + | "15-16-8.12 |
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| 23 | + | (a) Except as otherwise provided by local law, vacancies |
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| 24 | + | Vacancies in the office of sheriff13 |
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| 25 | + | shall be filled by the chief deputy sheriff if a chief deputy has been appointed by the elected14 |
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| 26 | + | sheriff. In any county in which a chief deputy sheriff has not been appointed by the elected15 |
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| 27 | + | sheriff, the probate judge chief judge of the superior court of the circuit of the sheriff's16 23 LC 44 2256 |
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| 28 | + | S. B. 138 |
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| 29 | + | - 2 - |
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| 30 | + | residence shall, within three days of the vacancy, appoint a qualified person who meets the17 |
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| 31 | + | qualifications for sheriff pursuant to Code Section 15-16-1 to serve as the interim sheriff.18 |
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| 32 | + | (b)(1) If less than six months of the elected sheriff's term of office remains at the time19 |
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| 33 | + | the vacancy occurs, either the chief deputy sheriff appointed by the elected sheriff or the20 |
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| 34 | + | interim sheriff, as the case may be, appointed by the chief judge of the superior court of21 |
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| 35 | + | the circuit of the sheriff's residence shall hold office for the unexpired term of the elected22 |
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| 36 | + | sheriff.23 |
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| 37 | + | (2) If more than six months of the elected sheriff's term of office remains at the time the24 |
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| 38 | + | vacancy occurs, the election superintendent for the county shall call a special election to25 |
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| 39 | + | fill such vacancy. Such official shall give notice in one or more of the public newspapers26 |
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| 40 | + | of the county, if any; in the official legal organ of the county; at the courthouse; and at27 |
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| 41 | + | three or more of the most public places of the county at least 30 days prior to the date of28 |
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| 42 | + | such special election. Such special election shall be held at the next available special29 |
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| 43 | + | election date provided in Code Section 21-2-540 that is at least 60 days after the date the30 |
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| 44 | + | vacancy occurred. The person elected at such special election shall hold office for the31 |
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| 45 | + | unexpired term. The election shall be conducted in accordance with Chapter 2 of32 |
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| 46 | + | Title 21.33 |
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| 47 | + | (c) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by34 |
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| 48 | + | operation of law be deemed vacant upon certification by the Georgia Peace Officer35 |
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| 49 | + | Standards and Training Council to the judge of the probate court of the county that the36 |
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| 50 | + | certification required to be a peace officer has been revoked for the sheriff of said county,37 |
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| 51 | + | or if the sheriff pleads guilty to or is convicted of any felony in a trial court of this state or38 |
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| 52 | + | the United States. Such vacancy shall be filled as provided in this Code section.39 |
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| 53 | + | (d) The suspension of a sheriff as provided for in Code Sections 15-16-26 and 45-5-6 shall40 |
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| 54 | + | not constitute a vacancy in the office of sheriff."41 23 LC 44 2256 |
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| 55 | + | S. B. 138 |
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| 56 | + | - 3 - |
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| 57 | + | SECTION 2. |
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| 58 | + | 42 |
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| 59 | + | Code Section 45-5-6 of the Official Code of Georgia Annotated, relating to public official43 |
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| 60 | + | investigated by special commission upon indictment, gubernatorial review if commission44 |
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| 61 | + | recommends suspension, suspension, reinstatement, and replacement or temporary officer,45 |
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| 62 | + | is amended by revising subsection (d) as follows:46 |
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| 63 | + | "(d)(1) For the duration of any suspension of any elected member of any municipal or47 |
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| 64 | + | consolidated city-county governing authority under this Code section, a replacement48 |
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| 65 | + | officer for the public officer suspended shall be appointed as provided for in any general49 |
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| 66 | + | law, local law, ordinance, or resolution governing the filling of a temporary vacancy in50 |
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| 67 | + | the public office affected. For the duration of any suspension of any other public official51 |
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| 68 | + | under this Code section, a replacement officer for the public official shall be appointed52 |
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| 69 | + | as provided for in any applicable general or local law governing the filling of a temporary53 |
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| 70 | + | vacancy in the public office affected. If no such general law, local law, ordinance, or54 |
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| 71 | + | resolution governing the filling of a temporary vacancy is applicable, then the Governor55 |
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| 72 | + | shall appoint a replacement officer for the public official suspended.56 |
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| 73 | + | (2) If the public officer is a sheriff, the provisions of Code Section 15-16-26 shall apply |
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| 74 | + | 57 |
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| 75 | + | for the purpose of temporarily filling said vacancy in office.58 |
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| 76 | + | (3) Upon the final conviction, the office of the public official shall be vacated59 |
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| 77 | + | immediately without further action. Said vacancy shall be filled in the manner provided60 |
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| 78 | + | by law for filling vacancies in such office."61 |
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| 79 | + | SECTION 3.62 |
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| 80 | + | All laws and parts of laws in conflict with this Act are repealed.63 |
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