Georgia 2023-2024 Regular Session

Georgia Senate Bill SB138 Latest Draft

Bill / Comm Sub Version Filed 03/27/2024

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The House Committee on Public Safety and Homeland Security offers the following 
substitute to SB 138:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to1
coroners, so as to provide minimum salaries of coroners; to revise compensation provisions2
for deputy coroners; to provide for benefits to certain coroners; to remove certain death3
investigation fees; to provide for related matters; to provide for an effective date; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is8
amended by revising Code Section 45-16-7, relating to appointment of deputy coroners, oath,9
bond, fees, powers, and qualifications, as follows:10
"45-16-7.11
(a)  As soon as practicable after July 1, 1980, and at At the beginning of each term of the12
coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners 13
thereafter, the coroner of each county shall appoint a deputy coroner or coroners as14
provided in this Code section.  A deputy coroner shall be appointed for each county, and15
one or more additional deputy coroners may be appointed for any county, in the discretion16
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of the coroner pursuant to the provisions of subsection (c) of this Code section.  Each17
deputy coroner shall serve at the pleasure of the coroner and may be replaced by the18
coroner at any time.  Each deputy coroner shall take the same oath, give the same bond, be19
entitled to the same fees, and have the same powers as the coroner;, but a deputy coroner20
shall act as coroner only when the coroner is himself or herself unable to act.21
(b)  No person shall be eligible to hold the office of deputy coroner unless he or she holds22
a high school diploma or its recognized equivalent.  Any deputy coroner who is in office23
on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at24
any time after said date without regard to whether he or she meets the requirements of this25
subsection.26
(c)  Notwithstanding any law to the contrary, there shall be appointed only one deputy27
coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such28
county unless otherwise approved by the local governing authority of the county.29
(d)  Deputy coroners shall receive a fee of at least $250.00 for each case that he or she30
works.31
(e)  As of January 1, 2026, any deputy coroner being compensated by a county in an32
amount greater than the compensation formulas provided in subsection (d) of this Code33
section shall not have their compensation reduced for the remainder of the term of the34
coroner."35
SECTION 2.36
Said chapter is further amended by revising Code Section 45-16-11, relating to compensation37
of county coroners, increases, calculation, supplements, and expenses, as follows:38
"45-16-11.39
(a)(1)  Any other law to the contrary notwithstanding, the minimum annual salary of each40
coroner in any of the counties in this state in the following population brackets shall be41
fixed according to the population of the county in which he or she serves, as determined42
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by the United States decennial census of 1990 2020 or any future such census.  Except43
as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive44
an annual salary, payable in equal monthly installments from the funds of the coroner's45
county, of not less than the amount fixed in the following schedule:46
Population	Minimum Salary47
           0 —   11,889..........................................48	$ 1,200.00
  11,890 —   19,999..........................................49	2,400.00
  20,000 —   34,999..........................................50	3,600.00
            0 —    5,999..........................................51	$17,700.00
    6,000 —   11,889..........................................52	$20,000.00
  11,890 —   19,999..........................................53	$25,000.00
  20,000 —   28,999..........................................54	$30,000.00
  29,000 —   38,999..........................................55	$35,000.00
  39,000 —   49,999..........................................56	$40,000.00
  50,000 —   74,999..........................................57	$45,000.00
  75,000 —   99,999..........................................58	$50,000.00
100,000 — 149,999..........................................59	$55,000.00
150,000 — 199,999..........................................60	$70,000.00
200,000 — 249,000..........................................61	$80,000.00
250,000 — 299,999..........................................62	$90,000.00
300,000 — 399,999..........................................63	$95,000.00
400,000 — 499,999..........................................64	$100,000.00
500,000 or more.............................................65	$105,000.00
(2)  Whenever, after January 1, 2026, the state employees subject to compensation plans66
authorized and approved in accordance with Code Section 45-20-4 receive a67
cost-of-living increase or general performance based increase of a certain percentage or68
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a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of69
this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing70
each of said amounts through the application of longevity increases pursuant to71
subsection (b) of this Code section, where applicable, shall be increased by the same72
percentage or same amount applicable to such state employees.  If the cost-of-living73
increase or general performance based increase received by state employees is in different74
percentages or different amounts as to certain categories of employees, the amounts fixed75
in the minimum salary schedule in paragraph (1) of this subsection, and in Code76
Section 45-16-11.1, or the amounts derived through the application of longevity77
increases, shall be increased by a percentage or an amount not to exceed the average78
percentage or average amount of the general increase in salary granted to the state79
employees.  The Office of Planning and Budget shall calculate the average percentage80
increase or average amount increase when necessary.  The periodic changes in the81
amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and82
in Code Section 45-16-11.1, or the amounts derived through the application of longevity83
increases, as authorized by this paragraph shall become effective on the first day of84
January following the date that the cost-of-living increases received by state employees85
become effective; provided, however, that if the cost-of-living increases or general86
performance based increases received by state employees become effective on January 1,87
such periodic changes in the amounts fixed in the minimum salary schedule in88
paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived89
through the application of longevity increases, as authorized by this paragraph shall90
become effective on the same date that the cost-of-living increases or general91
performance based increases received by state employees become effective.92
(2.1)  Longevity increases that occurred prior to January 1, 2026, shall not be applicable93
to any salary calculated under this Code section on or after January 1, 2026.94
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(3)  The county governing authority may supplement the minimum annual salary of the95
coroner in such amount as it may fix from time to time; but no coroner's compensation96
supplement shall be decreased during any term of office.  Any prior expenditure of97
county funds to supplement the coroner's salary in the manner authorized by this98
paragraph is ratified and confirmed.  Nothing contained in this paragraph shall prohibit99
the General Assembly by local law from supplementing the annual salary of the coroner.100
(a.1)  In the event that the coroner or his or her immediate predecessor spent at least 2,080101
hours on duties related to his or her role as the coroner and the coroner's office in such102
county administered at least 100 death investigations in the preceding calendar year, the103
county governing authority shall provide the coroner the same employment benefits it104
provides the clerk of the superior court, judge of the probate court, sheriff, or tax105
commissioner.106
(b)  The amounts provided in paragraph (1) of subsection (a) of this Code section and Code107
Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section,108
shall be increased by multiplying said amounts by the percentage which equals 5 percent109
times the number of completed four-year terms of office served by any coroner after110
December 31, 2000 2025, effective the first day of January following the completion of111
each such period of service.112
(c)  The minimum salaries provided for under this Code section shall be in addition to any113
fees, including the death investigation fee provided for under subsection (b) of Code114
Section 45-16-27, paid by the county governing authority to the coroner on a per-call basis115
and in addition to any expenses Reserved.116
(d)  The minimum salaries provided for in this Code section shall be considered as salary117
only.  Expenses for deputies, equipment, supplies, copying equipment, and other necessary118
and reasonable expenses for the operation of a coroner's office shall come from funds other119
than the funds specified as salary in this Code section.120
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(e)  This Code section shall not be construed to reduce the salary of any coroner in office121
on July 1, 2001; provided, however, that successors to such coroners in office on July 1,122
2001, Terms of office beginning on or after January 1, 2026, shall be governed by the123
provisions of this Code section.  All local legislation in effect on July 1, 2001 January 1,124
2026, or enacted thereafter affecting compensation for coroners of the various counties125
shall be of full force and effect except where the same provides for a salary lower than126
provided in this Code section, in which event this Code section shall prevail."127
SECTION 3.128
Said chapter is further amended by repealing subsection (b) of Code Section 45-16-27,129
relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas,130
cost of copying, and limited disclosure of photographs, and designating said subsection as131
reserved.132
SECTION 4.133
This Act shall become effective on January 1, 2026.134
SECTION 5.135
All laws and parts of laws in conflict with this Act are repealed.136
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